BILL NUMBER: AB 1188	CHAPTERED  10/10/99

	CHAPTER   976
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   AUGUST 31, 1999
	PASSED THE SENATE   AUGUST 26, 1999
	AMENDED IN SENATE   AUGUST 17, 1999
	AMENDED IN SENATE   JULY 7, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Assembly Member Runner

                        FEBRUARY 26, 1999

   An act to add Section 12001.1 to the Penal Code, relating to
undetectable knives.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1188, Runner.  Undetectable knives.
   Existing law makes it a misdemeanor or a felony for any person in
this state to manufacture or cause to be manufactured, import into
the state, keep for sale, or offer or expose for sale, or to give,
lend, or possess any specified weapon, including, but not limited to,
any undetectable firearm.
   This bill would provide that any person in this state who
commercially manufactures or causes to be commercially manufactured,
or who knowingly imports into the state for commercial sale, keeps
for commercial sale, or offers or exposes for commercial sale any
undetectable knife, as defined, is guilty of a misdemeanor.  This
bill would also, as of a specified date, require California
commercial manufacturers of undetectable knives, as defined, that
utilize undetectable materials to include materials that will ensure
they are detectable by a metal detector set at standard calibration.
The bill would exempt from these provisions undetectable knives that
are manufactured or imported for sale to, or subsequently sold to,
law enforcement or military entities.  This bill would also exempt
from these provisions undetectable knives that are manufactured or
imported for sale to, or subsequently sold to, historical societies,
museums, and institutional collections.  By creating a new crime, the
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 12001.1 is added to the Penal Code, to read:
   12001.1.  (a) Any person in this state who commercially
manufactures or causes to be commercially manufactured, or who
knowingly imports into the state for commercial sale, keeps for
commercial sale, or offers or exposes for commercial sale, any
undetectable knife is guilty of a misdemeanor.  As used in this
section, an "undetectable knife" means any knife or other instrument
with or without a handguard that is capable of ready use as a
stabbing weapon that may inflict great bodily injury or death that is
commercially manufactured to be used as a weapon and is not
detectable by a metal detector set at standard calibration.
   (b) Notwithstanding any other provision of law, commencing January
1, 2000, all knives or other instrument with or without a handguard
that is capable of ready use as a stabbing weapon that may inflict
great bodily injury or death that are commercially manufactured in
this state that utilize materials that are not detectable by a metal
detector shall be manufactured to include materials that will ensure
they are detectable by a metal detector set at standard calibration.

   (c) This section shall not apply to the manufacture or importation
of undetectable knives for sale to a law enforcement or military
entity nor shall this section apply to the subsequent sale of these
knives to a law enforcement or military entity.
   (d) This section shall not apply to the manufacture or importation
of undetectable knives for sale to federal, state, and local
historical societies, museums, and institutional collections which
are open to the public, provided that the undetectable knives are
properly housed and secured from unauthorized handling, nor shall
this section apply to the subsequent sale of the knives to these
societies, museums, and collections.
  SEC. 2.  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.