BILL NUMBER: AB 221	CHAPTERED  09/21/99

	CHAPTER   438
	FILED WITH SECRETARY OF STATE   SEPTEMBER 21, 1999
	APPROVED BY GOVERNOR   SEPTEMBER 21, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	PASSED THE SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   AUGUST 31, 1999
	AMENDED IN SENATE   JULY 2, 1999
	AMENDED IN SENATE   JUNE 23, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999
	AMENDED IN ASSEMBLY   APRIL 5, 1999
	AMENDED IN ASSEMBLY   MARCH 11, 1999

INTRODUCED BY   Assembly Member Wildman
   (Coauthors:  Assembly Members Florez, Havice, and Pescetti)
   (Coauthor:  Senator O'Connell)

                        JANUARY 26, 1999

   An act to amend Section 417.25 of, and to add Section 417.26 to,
the Penal Code, relating to lasers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 221, Wildman.  Lasers:  obstructing a peace officer.
   Existing law provides that every person who, except in
self-defense, knowingly draws or exhibits a laser scope, as defined,
that projects a colored target on a person in a threatening manner
against that person with specific intent to cause a reasonable person
apprehension or fear of bodily harm is guilty of a misdemeanor,
punishable by imprisonment in a county jail for up to 30 days.
   This bill would revise this provision to apply to the situation
where a person aims or points a laser scope at another person instead
of knowingly draws or exhibits a laser scope that projects a colored
target on a person.  The bill would delete the element of
apprehension.  The bill also would include a laser pointer in this
provision and further provide that any person who aims or points a
laser scope or laser pointer at a peace officer with the specific
intent to cause the officer apprehension or fear of bodily harm and
who knows or reasonably should know the person at whom he or she is
aiming or pointing is a peace officer, is guilty of a misdemeanor
punishable by imprisonment in a county jail for a term not exceeding
6 months.  The bill additionally would provide that any person who
commits a second or subsequent violation of either offense is guilty
of a misdemeanor punishable by imprisonment in a county jail for a
term not to exceed one year.  By creating a new crime, this bill
would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 417.25 of the Penal Code is amended to read:
   417.25.  (a) Every person who, except in self-defense, aims or
points a laser scope, as defined in subdivision (b), or a laser
pointer, as defined in subdivision (c), at another person in a
threatening manner with the specific intent to cause a reasonable
person fear of bodily harm is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 30 days.  For purposes of
this section, the laser scope need not be attached to a firearm.
   (b) As used in this section, "laser scope" means a portable
battery-powered device capable of being attached to a firearm and
capable of projecting a laser light on objects at a distance.
   (c) As used in this section, "laser pointer" means any hand held
laser beam device or demonstration laser product that emits a single
point of light amplified by the stimulated emission of radiation that
is visible to the human eye.
  SEC. 2.  Section 417.26 is added to the Penal Code, to read:
   417.26.  (a) Any person who aims or points a laser scope as
defined in subdivision (b) of Section 417.25, or a laser pointer, as
defined in subdivision (c) of that section, at a peace officer with
the specific intent to cause the officer apprehension or fear of
bodily harm and who knows or reasonably should know that the person
at whom he or she is aiming or pointing is a peace officer, is guilty
of a misdemeanor punishable by imprisonment in a county jail for a
term not exceeding six months.
   (b) Any person who commits a second or subsequent violation of
subdivision (a) shall be punished by imprisonment in a county jail
for not more than one year.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.