BILL ANALYSIS                                                                                                                                                                                                    







                      SENATE COMMITTEE ON PUBLIC SAFETY
                           Senator Gloria Romero, Chair              S
                             2007-2008 Regular Session               B

                                                                     8
                                                                     3
                                                                     9
          SB 839 (Calderon)                                           
          As Amended April 19, 2007 
          Hearing date: April 24, 2007
          Health and Safety Code, Vehicle Code
          SM:mc

                                       FIREWORKS  

                                       HISTORY

          Source:  California Department of Forestry and Fire Protection

          Prior Legislation: AB 2310 (Torrico) - failed on Senate floor
                        AB 2039 (Tran) - referred to Assembly Government  
                         Operations Committee,    never heard
                        AB 923 (Chavez) - 2006, referred to Assembly  
                         Government Operations Committee, never heard
                       AB 1295 (Bermudez) - 2005, held in Assembly  
                       Appropriations

          Support: Unknown

          Opposition:None known


                                      KEY ISSUES
           
          SHOULD PENALTIES FOR POSSESSION AND TRANSPORTATION OF DANGEROUS  
          FIREWORKS BE REVISED, AS SPECIFIED?

          SHOULD A FUND BE ESTABLISHED FROM THE PROCEEDS OF ALL FINES AND  
          FEES COLLECTED IN RELATION TO DANGEROUS FIREWORKS VIOLATIONS AND  
          THIS FUND BE EARMARKED FOR ENFORCEMENT OF DANGEROUS FIREWORKS  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageB

          LAWS?

                                                                (CONTINUED)




          SHOULD COMMERCIAL DRIVERS WHO TRANSPORT 10,000 POUNDS GROSS WEIGHT  
          OF DANGEROUS FIREWORKS WITHOUT AUTHORITY TO DO SO HAVE THEIR  
          COMMERCIAL DRIVER'S LICENSE SUSPENDED FOR THREE YEARS?

          SHOULD THE STATE FIRE MARSHAL BE AUTHORIZED TO LEVY A FEE ON SALE OF  
          SAFE AND SANE FIREWORKS TO FUND ENFORCEMENT OF DANGEROUS FIREWORKS  
          LAWS?



                                       PURPOSE

          The purpose of this bill is to (1) revise penalties related to  
          dangerous fireworks violations, as specified; (2) authorize the  
          State Fire Marshal to appoint arson bomb investigators, as  
          specified; (3) require the State Fire Marshal to evaluate data  
          collection methods relating to fires, damages and injuries  
          related to fireworks; (4) require the State Fire Marshal to  
          develop a model ordinance for streamlined enforcement of  
          fireworks laws; (5) require the State Fire Marshal to give  
          notice to businesses regarding transportation of fireworks, as  
          specified; (6) create a State Fire Marshal Fireworks Enforcement  
          and Disposal Fund, as specified; (7) to require the state Fire  
          Marshal to acquire and use statewide mobile dangerous fireworks  
          destruction units to collect and destroy seized dangerous  
          fireworks; (8) to authorize the State Fire Marshal to impose a  
          fee on safe and sane fireworks, as specified; and (9) to  
          allocate fines and fees, as specified, between local authorities  
          and the Fireworks Enforcement and Disposal Fund, to be used for  
          costs of handling and destroying dangerous fireworks.
           
          Existing law  states that the State Fire Marshal, his or her  
          salaried deputies, or any chief of a fire department, or his or  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageC

          her authorized representatives, any fire protection agency, or  
          any other public agency authorized by statute to enforce the  
          State Fire Marshal's regulations, may seize any fireworks  
          described in this part.  The State Fire Marshal, any chief of a  
          fire department, any fire protection agency, or any other public  
          agency authorized to enforce the State Fire Marshal's  
          regulations may charge any person, firm, or corporation, whose  
          fireworks are seized pursuant to this section, an amount which  
          is sufficient to cover the cost of transporting, storing, and  
          handling the seized fireworks.  When the State Fire Marshal,  
          other enforcing officer or agency described in this section, or  
          a court determines that a person's firm's or corporation's  
          fireworks are illegally or erroneously seized, or if legal  
          proceedings do not result in a conviction for violation of any  
          provision of this part, any funds collected pursuant to this  
          section shall be refunded, or if charged but unpaid, canceled.   
          (Health and Safety Code  12721.)

           This bill  would authorize the State Fire Marshal to appoint  
          arson bomb investigators and employees as may be required to  
          carry out the provisions of fireworks statutes, as specified.


           This bill  provides that on or before July 1, 2008, the State  
          Fire Marshal shall identify and evaluate methods to capture more  
          detailed data relating to fires, damages, and injuries caused by  
          both dangerous fireworks and safe and sane fireworks.  These  
          evaluation methods shall include a cost analysis related to  
          capturing and reporting the data.  
           
           This bill  provides that the Office of the State Fire Marshal  
          shall consult with public safety agencies and other stakeholders  
          as deemed necessary by the State Fire Marshal and develop a  
          model ordinance that permits local jurisdictions to adopt a  
          streamlined enforcement and administrative fine procedures  
          related to the possession of fireworks.  These procedures shall  
          be limited to civil fines and as authorized pursuant to Section  
          53069.4 of the Government Code.  The model ordinance shall  
          include provisions for reimbursing the Office of the State Fire  
          Marshal for the costs associated with the disposal of seized  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageD

          fireworks.
           
          Existing law  states any person who violates fireworks statutes,  
          as specified, or any regulations issued pursuant to existing  
          law, is guilty of a misdemeanor, punishable by a fine of not  
          less than $500 nor more than $1,000; by imprisonment in the  
          county jail for not exceeding one year; or both.  (Health and  
          Safety Code  12700.)

           This bill  provides, except as to a person who holds and is  
          operating within the scope of a valid license, as specified:

                 A person who possesses a gross weight, including  
               packaging, of less than 25 pounds of unaltered dangerous  
               fireworks, as defined, is guilty of a public offense  
               punishable by a fine of not less than $500 or more than  
               $1,000, or by imprisonment in the county jail for up to one  
               year, or both.  
                  Upon a second or subsequent conviction, a person shall  
               be punished by a fine of not less than $1,000 or by  
               imprisonment in the county jail not exceeding one year or  
               both.
              
           Existing law states any person who violates existing law  
          involving any dangerous fireworks item, as defined, or any  
          combination of any dangerous fireworks items, having the total  
          net weight of explosive material of 7,500 grains or more, is  
          guilty of a public offense, and upon conviction thereof shall be  
          punished by imprisonment in the state prison or in the county  
          jail for not more than one year; by a fine of not more than  
          $5,000; or by both the fine and imprisonment.  (Health and  
          Safety Code  12702(c).)

           This bill  provides, except as to a person who holds and is  
          operating within the scope of a valid license, as specified:
             
                  A person who possesses a gross weight, including  
               packaging, of not less than 25 pounds or more than 100  
               pounds of unaltered dangerous fireworks, as defined, is  
               guilty of a public offense, punishable by a fine of not  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageE

               less than $1,000 or more than $5,000, and by imprisonment  
               in the county jail for up to one year.   
                 A person who possesses a gross weight, including  
               packaging, of not less than 100 pounds or more than 5,000  
               pounds of unaltered dangerous fireworks, as defined, is  
               guilty of a public offense, punishable by a fine of not  
               less than $5,000 or more than $10,000, and by imprisonment  
               in the county jail for not exceeding one year, or by 16  
               months, 2 or 3 years in the state prison.
                 A person who possesses a gross weight, including  
               packaging, of more than 5,000 pounds of unaltered dangerous  
               fireworks, as defined, is guilty of a public offense,  
               punishable by a fine of not less than $10,000 or more than  
               $50,000, and by either imprisonment in the county jail for  
               not exceeding one year or by 16 months, 2 or 3 years in the  
               state prison.

           Existing law  provides that:

                 Any person who violates fireworks statutes, as  
               specified, by selling, giving, or delivering any dangerous  
               fireworks to any person under 18 years of age is guilty of  
               a misdemeanor and upon a first conviction shall be punished  
               by a fine of not less than $500 nor more than $1,000; by  
               imprisonment in the county jail for not exceeding one year;  
               or both.  (Health and Safety Code  12702(a).)

                 Upon any second or subsequent conviction of the offense,  
               the person shall be punished by the penalties of a fine of  
               not less than $500 nor more than $1,000 and by imprisonment  
               in the county jail for one year.  The person shall not be  
               granted probation and the execution of the sentence imposed  
               upon the person shall not be suspended by the court.   
               (Health and Safety Code  12702(b).)

           This bill  provides:

                 A person who violates fireworks statutes, as specified,  
               by selling, giving, or delivering any dangerous fireworks  
               to any person under 18 years of age is guilty of a  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageF

               misdemeanor and upon a first conviction, the penalty would  
               remain the same as in existing law, i.e., by a fine of not  
               less than $500 nor more than $1,000; by imprisonment in the  
               county jail for not exceeding one year; or both. 
                 Upon a second or subsequent conviction of the offense,  
               the person shall be punished by an additional fine of  
               $5,000, or by imprisonment in the county jail for up to one  
               year, or both.  The person shall not be granted probation  
               and the execution of the sentence imposed upon the person  
               shall not be suspended by the court.

           This bill  requires that, except for a person who holds and is  
          operating within the scope of a valid license, as specified:

                 The State Fire Marshal shall, in conjunction with the  
               Department of Motor Vehicles, develop regulations and  
               procedures to temporarily suspend the commercial motor  
               vehicle license of a person who is operating a commercial  
               motor vehicle while transporting unaltered dangerous  
               fireworks, as defined, having a gross weight, including  
               packaging, of 10,000 pounds or more.
                 A driver of a commercial motor vehicle shall not operate  
               a commercial motor vehicle for three years if the driver is  
               convicted of transporting unaltered dangerous fireworks, as  
               defined, having a gross weight, including packaging, of  
               10,000 pounds or more, as specified.

           This bill  requires that the State Fire Marshal, at least once a  
          year and in consultation with the Attorney General, shall serve  
          notice to any individual or business known to supply fireworks  
          that any unauthorized shipments of fireworks into California  
          will result in an immediate report to federal authorities with a  
          request for any relevant federal prosecution.

           This bill  provides that fines and forfeitures imposed by or  
          collected in any court of this state, as a result of citations  
          issued by a public safety agency, for fireworks violations, as  
          specified, shall be deposited, as soon as practicable after the  
          receipt of the fine or forfeiture, with the county treasurer of  
          the county in which the court is situated.  Amounts deposited  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageG

          pursuant to this section shall be paid at least once a month as  
          follows:

                 Sixty-five percent to the Treasurer, by warrant of the  
               county auditor drawn upon the requisition of the clerk or  
               judge of the court, for deposit in the State Fire Marshal  
               Fireworks Enforcement and Disposal Fund, as defined, on  
               order of the Controller.  
                 Thirty-five percent to the local public safety agency in  
               the county in which the offense was committed to reimburse  
               the local public safety agency for expenses, including, but  
               not limited to, the costs for handling, processing,  
               photographing, and storing seized dangerous fireworks.
           
          This bill  provides that if a person charged with a violation  
          fireworks statutes, as specified, is released and the magistrate  
          fixes an amount of bail that in his or her judgment is  
          reasonable and sufficient for the appearance of the defendant,  
          the amount of that bail equals or exceeds the minimum fine  
          described in Section 12700, and the defendant pays the amount of  
          that bail, the magistrate may:

                   At the time the case is called for arraignment before  
                the magistrate, if the defendant does not appear, either  
                in person or by counsel, the magistrate may declare the  
                bail forfeited, and may, in his or her discretion, order  
                that no further proceedings shall be had in the case.
                   Upon the making of the order that no further  
                proceedings be had, all sums deposited as bail shall  
                immediately be paid into the county treasury for  
                distribution as specified.

           This bill  requires that, to carry out the disposal of dangerous  
          fireworks, the state Fire Marshal shall acquire and use  
          statewide mobile dangerous fireworks destruction units to  
          collect and destroy seized dangerous fireworks from local and  
          state agencies.

           This bill  provides that if dangerous fireworks are seized  
          pursuant to a local ordinance that provides for administrative  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageH

          fines or penalties and these fines or penalties are collected,  
          the local government entity collecting the fines or penalties  
          shall forward 65 percent of the collected moneys to the  
          Controller for deposit in the State Fire Marshal Fireworks  
          Enforcement and Disposal Fund, as specified.

           This bill  requires that the State Fire Marshal establish  
          regulations to assess a fee for every dollar of Safe and Sane  
          fireworks sold in California to be deposited in the State Fire  
          Marshal Fireworks Enforcement and Disposal Fund and that, in  
          determining the appropriate amount of the fees, the State Fire  
          Marshal shall consult with the fireworks industry.

           This bill  would establish the State Fire Marshal Fireworks  
          Enforcement and Disposal Fund in the State Treasury.  

                 All of the moneys collected for fines related to  
               specified violations of fireworks laws shall be deposited  
               in the fund and shall be available, upon appropriation by  
               the Legislature, to the State Fire Marshal for the  
               exclusive use in statewide programs for the enforcement,  
               prosecution related to, disposal, and management of seized  
               dangerous fireworks, and for the education of public safety  
               agencies in the proper handling and management of dangerous  
               fireworks.
                 All of the moneys collected in relation to the sale of  
               safe and sane fireworks, as specified, shall be deposited  
               in the fund and is hereby appropriated, without regard to  
               fiscal years, to the State Fire Marshal for the exclusive  
               use in statewide programs for the enforcement, prosecution  
               related to, disposal, and management of seized dangerous  
               fireworks, and for the education of public safety agencies,  
               local fire departments, and fire protection agencies in the  
               proper handling and management of dangerous fireworks.


                RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION ("ROCA")  
                                    IMPLICATIONS
          
          California currently faces an extraordinary and severe prison  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageI

          and jail overcrowding crisis.  California's prison capacity is  
          nearly exhausted as prisons today are being operated with a  
          significant level of overcrowding.<1>  In addition, California's  
          jails likewise are significantly overcrowded.  Twenty California  
          counties are operating under jail population caps.  According to  
          the State Sheriffs' Association, "counties are currently  
          releasing 18,000 pre and post-sentenced inmates every month and  
          many counties are so overcrowded they do not accept misdemeanor  
          bookings in any form, . . . ."<2>  In January of this year the  
          Legislative Analyst's office summarized the trajectory of  
          California's inmate population over the last two decades:

              During the past 20 years, jail and prison  
              populations have increased significantly.  County  
              jail populations have increased by about 66  
              percent over that period, an amount that has been  
              limited by court-ordered population caps.  The  
              prison population has grown even more dramatically  
              during that period, tripling since the  
              mid-1980s.<3>

          The level of overcrowding, and the impact of the population  
          crisis on the day-to-day prison operations, is staggering:

              As of December 31, 2006, the California Department  
              of Corrections and Rehabilitation (CDCR) was  
              estimated to have 173,100 inmates in the state  
              prison system, based on CDCR's fall 2006  
              population projections.  However, . . . the  
              department only operates or contracts for a total  
              of 156,500 permanent bed capacity (not including  
              out-of-state beds, . . . ), resulting in a  
              shortfall of about 16,600 prison beds relative to  
              the inmate population.  The most significant bed  
              --------------------
          <1>  Analysis of the 2007-08 Budget Bill:  Judicial and Criminal  
          Justice, Legislative Analyst's Office (February 21, 2007).
          <2>  Memorandum from CSSA President Gary Penrod to Governor,  
          February 14, 2007.
          <3>  California's Criminal Justice System:  A Primer.   
          Legislative Analyst's Office (January 2007).



                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageJ

              shortfalls are for Level I, II, and IV inmates, as  
              well as at reception centers.  As a result of the  
              bed deficits, CDCR houses about 10 percent of the  
              inmate population in temporary beds, such as in  
              dayrooms and gyms.  In addition, many inmates are  
              housed in facilities designed for different  
              security levels.  For example, there are currently  
              about 6,000 high security (Level IV) inmates  
              housed in beds designed for Level III inmates.

              . . .  (S)ignificant overcrowding has both  
              operational and fiscal consequences.  Overcrowding  
              and the use of temporary beds create security  
              concerns, particularly for medium- and  
              high-security inmates.  Gyms and dayrooms are not  
              designed to provide security coverage as well as  
              in permanent housing units, and overcrowding can  
              contribute to inmate unrest, disturbances, and  
              assaults.  This can result in additional state  
              costs for medical treatment, workers'  
              compensation, and staff overtime.  In addition,  
              overcrowding can limit the ability of prisons to  
              provide rehabilitative, health care, and other  
              types of programs because prisons were not  
              designed with sufficient space to provide these  
              services to the increased population.  The  
              difficulty in providing inmate programs and  
              services is exacerbated by the use of program  
              space to house inmates.  Also, to the extent that  
              inmate unrest is caused by overcrowding,  
              rehabilitation programs and other services can be  
              disrupted by the resulting lockdowns.<4>

          As a result of numerous lawsuits, the state has entered into  
          several consent decrees agreeing to improve conditions in the  
          state's prisons.  As these cases have continued over the past  
          several years, prison conditions nonetheless have failed to  
          improve and, over the last year, the scrutiny of the federal  
          courts over California's prisons has intensified.


          ---------------------------
          <4>  Analysis 2007-08 Budget Bill, supra, fn. 1.



                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageK


          In February of 2006, the federal court appointed a receiver to  
          take over the direct management and operation of the prison  
          medical health care delivery system from the state.  Motions  
          filed in December of 2006 are now pending before three federal  
          court judges in which plaintiffs are seeking a court-ordered  
          limit on the prison population pursuant to the federal Prison  
          Litigation Reform Act.  Medical, mental health and dental care  
          programs at CDCR each are "currently under varying levels of  
          federal court supervision based on court rulings that the state  
          has failed to provide inmates with adequate care as required  
          under the Eighth Amendment to the U.S. Constitution.  The courts  
          found key deficiencies in the state's correctional programs,  
          including:  (1) an inadequate number of staff to deliver health  
          care services, (2) an inadequate amount of clinical space within  
          prisons, (3) failures to follow nationally recognized health  
                                      care guidelines for treating inmate-patients, and (4) poor  
          coordination between health care staff and custody staff."<5>

           This bill  does not appear to aggravate the prison and jail  
          overcrowding crisis outlined above.

                                      COMMENTS

          1.   Stated Need for This Bill  

          According to the author:

               The [State Fire Marshal] (SFM) is authorized by  
               statute to enforce regulations concerning illegal  
               fireworks and to see to their disposal.  However, the  
               SFM does not have the staffing nor funding necessary  
               to dispose of fireworks in a manner which complies  
               with federal and state  environmental protection laws .   


               Large numbers of fireworks are seized by fire  
               department and law enforcement agencies without any  
               criminal action being pursued.  The authority for cost  


               ----------------------
          <5>  Primer, supra, fn. 4.



                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageL

               recovery by a  local agency  is provided in statute but  
               very few agencies have pursued this option.  Current  
               law regarding the illegal importation, sale, and use  
               of illegal fireworks is confusing to public safety  
               (police and fire) officials as well as the judicial  
               system.  Public safety agencies are often unsure of  
               the charges that should be filed against people who  
               commit these crimes.  Local agencies have told the SFM  
               it is difficult to receive cooperation for prosecution  
               by the city or district attorneys because the law is  
               unclear and in most instances the crime is considered  
               a misdemeanor, making cost recovery more difficult.

               Based on information obtained from law enforcement  
               gang units, some organized gangs have reverted to the  
               sale of illegal fireworks to obtain money prior to  
               July 4th.  Revenue obtained by these illegal sales is  
               reported to be from eight to ten times the purchase  
               costs.  

               Often fireworks that are illegal in California are  
               legal in surrounding states therefore most of the  
               large quantities of fireworks imported illegally into  
               California are from these states.  In order to reduce  
               the flow of illegal fireworks into California it is  
               necessary to develop regulations to suspend a  
               commercial motor vehicle license of a person who is  
               transporting dangerous fireworks having a gross weight  
               of 10,000 pounds or more and if convicted, the license  
               shall be revoked for a period of three years.  

               This bill will reduce state costs associated with the  
               seizure, storage and destruction of illegal fireworks  
               by: 

               1)     increasing penalties and fines associated with  
                 the possession, use, sale, and transportation of  
                 illegal, dangerous fireworks; and 

               2)     establishing a long-term solution to the seized  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageM

                 fireworks problem by creating a fair enforcement and  
                 management program as is required by the United  
                 States Environmental Protection Agency (U.S. EPA),  
                 in order to eliminate a possible $700,000 debt to  
                 the federal government. 

               Strengthening the penalties would help reduce the flow  
               of illegal fireworks into the state, reduce the amount  
               of these dangerous fireworks being seized and stored  
               by local public safety agencies, and reduce the ever  
               increasing threat to public health and the environment  
               from the storage of these fireworks.  

               CAL FIRE and the SFM have been working with the author  
               and industry to create laws to protect lives and the  
               environment of California from the dangers of illegal  
               fireworks.  Together they have come up with amendments  
               to assure that goal is accomplished.  

          2.  What This Bill Would Do  

          Current law, which prohibits possession and sale of dangerous  
          fireworks, as defined, delineates penalties based on the net  
          weight of the explosive material contained in the fireworks.   
          According to the sponsor, to determine the net weight involves  
          cutting into the fireworks to remove the explosive powder, which  
          makes current law both dangerous and impractical to enforce.   
          This bill addresses that problem by revising the statutes which  
          regulate dangerous fireworks to refer to gross weight, including  
          packaging.  The sponsors estimate that 25 pounds gross weight of  
          fireworks would net no more than 7,500 grains of explosive  
          materials.  7,500 grains equals one pound.

          The sponsors also state that, although current law provides for  
          up to one year in jail for most offenses involving dangerous  
          fireworks, and potential prison time for possession or sale of  
          larger quantities, these offenses are rarely enforced as a  
          criminal matter.  This bill creates heavier fines for specific  
          offenses, detailed below, and directs that the proceeds of those  
          fines be divided with 35% going to the "local public safety  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageN

          agency in the county in which the offense was committed to  
          reimburse the local public safety agency for expenses,  
          including, but not limited to, the costs for handling,  
          processing, photographing, and storing seized dangerous  
          fireworks," and 65% going to a State Fire Marshal Fireworks  
          Enforcement and Disposal Fund, for use in enforcing fireworks  
          statutes.  

          This bill also requires the State Fire Marshal to establish  
          regulations, in consultation with the fireworks industry, to  
          assess a fee for every dollar of safe and sane fireworks sold.   
          These fees would also be distributed according to the allocation  
          formula, and for the purposes set forth above.































                                                                     (More)











          Penalties for offenses related to dangerous fireworks would be  
          revised as follows:

           Possession                 Current Penalty                   SB 839  
           
           
           ----------------------------------------------------------------- 
          |Up to  7500 grains   |Minimum $500 up to   |1st offense: Up to   |
          |explosive materials  |$1,000 fine and/or 1 |25 lbs gross weight, |
          |(Health & Safety     |yr jail              |same penalty         |
          |Code  12700.)       |                     |2d offense: minimum  |
          |                     |                     |$1,000 fine and up   |
          |                     |                     |to 1 yr jail, or     |
          |                     |                     |both.                |
          |---------------------+---------------------+---------------------|
          |7500 or more grains  |Up to 1 yr jail,     |25 lbs - 100 lbs     |
          |explosive material   |fine of $5,000, or   |gross weight:        |
          |(Health & Safety     |16 mos, 2 or 3 yrs   |minimum fine of      |
          |Code  12702(c).)    |state prison         |$1,000, up to        |
          |                     |                     |$5,000, and up to 1  |
          |                     |                     |yr jail.             |
          |---------------------+---------------------+---------------------|
          |                     |                     |100 lbs - 5,000 lbs. |
          |                     |                     |gross weight:        |
          |                     |                     |minimum fine $5,000, |
          |                     |                     |up to $10,000, up to |
          |                     |                     |1 yr. jail or 16     |
          |                     |                     |mos., 2 or 3 yrs     |
          |                     |                     |state prison         |
          |---------------------+---------------------+---------------------|
          |                     |                     |5,000 lbs - minimum  |
          |                     |                     |fine of $10,000 up   |
          |                     |                     |to $50,000, up to 1  |
          |                     |                     |yr jail or 16 mos.,  |
          |                     |                     |2, or 3 yrs state    |
          |                     |                     |prison.              |
           ----------------------------------------------------------------- 
           
          Providing to Minors        Current Penalty                   SB 839  




                                                                     (More)







                                                          SB 839 (Calderon)
                                                                      PageP

           
           
           ----------------------------------------------------------------- 
          |Any amount (Health & |1st offense: minimum |1st offense: same as |
          |Safety Code        |$500 up to $1,000    |current law          |
          |12702(a), (b).)      |fine and/or 1 yr     |2d offense: same     |
          |                     |jail                 |penalties as 1st     |
          |                     |2d offense: same     |offense plus an      |
          |                     |penalties but no     |additional fine of   |
          |                     |probation or         |$5,000 and no        |
          |                     |suspended sentence.  |probation or         |
          |                     |                     |suspended sentence   |
          |                     |                     |                     |
           ----------------------------------------------------------------- 
           
           Vehicle Code
          
          This bill also requires the Department of Motor Vehicles, in  
          conjunction with the State Fire Marshal to: 

               develop regulations and procedures to temporarily  
               suspend the commercial motor vehicle license of a  
               person who is operating a commercial motor vehicle  
               while transporting dangerous fireworks having a gross  
               weight of 10,000 pounds or more.  A driver of a  
               commercial motor vehicle shall not operate a  
               commercial motor vehicle for three years if the driver  
               is convicted of transporting dangerous fireworks  
               having a gross weight of 10,000 pounds or more.

          According to the sponsor, the possession of less than 100 pounds  
          of dangerous fireworks is likely intended for personal use.   
          Possession of more than 100 pounds, up to more than 10,000  
          pounds, increases the likelihood that the fireworks are intended  
          for resale on the black market, thus the proposed new penalties  
          are designed to increase as the likelihood of "transportation  
          and possession for sale" increases. 

          WOULD ADJUSTING PENALTIES RELATED TO DANGEROUS FIREWORKS LAWS TO  
          RELY MORE ON FINANCIAL PENALTIES THAN JAIL TIME MAKE THOSE LAWS  












                                                          SB 839 (Calderon)
                                                                      PageQ

          MORE ENFORCEABLE?

          SHOULD THE PROCEEDS OF FINES IMPOSED BE ALLOCATED BETWEEN STATE  
          AND LOCAL OFFICIALS EARMARKED FOR ENFORCEMENT OF ILLEGAL  
          FIREWORKS OFFENSES?

          3.   Bail Forfeiture Provision  

          This bill contains a proposal to allow judges, in cases where a  
          person is arrested for any violation of statute relating to  
          dangerous fireworks, and the person is subsequently released on  
          bail, where that bail amount is equal to or more than the  
          minimum fine required, to order the bail forfeited and, at the  
          court's discretion, "order that no further proceedings be had."   


          COULD THIS ENCOURAGE CRIMINAL DEFENDANTS TO JUMP BAIL?

          4.   Proposed Amendment  

          The bill adds this provision both to the Health and Safety Code  
          and to the Vehicle Code.  In the proposed Health and Safety Code  
          section, an exemption is specified for drivers who are  
          appropriately licensed to carry these fireworks.  The proposed  
          Vehicle Code section fails to provide this exemption.  The  
          author may wish to consider amending the bill to either delete  
          the proposed Vehicle Code section, since it is redundant to the  
          proposed Health and Safety Code section or amend the proposed  
          Vehicle Code section to also include the exemption.

          5.  Related Legislation  

          AB 476 (De La Torre) 2007/08 Session - Fireworks.  This bill  
          would make numerous changes to fireworks laws.  Pending in  
          Assembly Government Operations Committee, no hearing set.
                                   ***************
















                                                          SB 839 (Calderon)
                                                                      PageR