Bill Text: CA AB1043 | 2011-2012 | Regular Session | Amended
Bill Title: Juveniles: sexting.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1043 Detail]
Download: California-2011-AB1043-Amended.html
BILL NUMBER: AB 1043 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 4, 2011
INTRODUCED BY Assembly Member Torres
FEBRUARY 18, 2011
An act to add Chapter 35 (commencing with Section 22949)
to Division 8 of the Business and Professions Code, relating to
cellular telephone equipment. An act to amend Section
601 of, and to add Section 729.4 to, the W elfare and
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 1043, as amended, Torres. Cellular telephones
equipment: matter depicting a minor engaging or simulating sexual
conduct. Juveniles: sexting.
Existing law provides that any person under the 18 years of age
who engages in certain noncriminal behavior, including persistently
or habitually refusing to obey the reasonable and proper orders or
directions of his or her parents, guardian, or custodian, is within
the jurisdiction of the juvenile court which may adjudge that person
a ward of the court. Under existing law, juvenile court proceedings
to declare a minor a ward of the court for noncriminal behavior are
commenced by the filing of a petition by the probation officer.
Existing law authorizes the juvenile court to order these minors to
perform community service for a total time not to exceed 20 hours, as
specified.
This bill would extend the juvenile court's jurisdiction to also
include minors who engaged in sexting, as defined, images of
themselves or other minors, thereby expanding the duties of the
probation officer and imposing a state-mandated local program. The
bill would, notwithstanding the provision described above, require a
court to order a minor who engaged in sexting to perform 24 or 40
hours of community service, as provided.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law regulates the conduct of various types of businesses
and also establishes the Department of Consumer Affairs, which is
under the control of a civil executive officer known as the Director
of Consumer Affairs. Existing law prohibits the knowing possession or
control of specified material depicting a person under 18 years of
age personally engaging in or simulating sexual conduct.
This bill would, on and after July 1, 20l2, require a retailer who
sells cellular telephone equipment or contracts for cellular
telephone service to provide customers in specified transactions with
a brochure, in a form approved by the Director, describing the
prohibition against controlling or possessing an image of a minor
engaging in, or simulating, sexual conduct, and would make a
violation of this requirement an infraction. The bill would require
the Director to notify retailers of the requirement to provide
customers with this brochure.
Because the bill would make the violation of its provisions by a
retailer a crime, it 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 601 of the Welfare
and Institutions Code is amended to read:
601. (a) Any person under the age of 18 years who meets any
of the following criteria is within the jurisdiction of the juvenile
court, which may adjudge the person to be a ward of the court:
persistently
(1) He or she persistently or
habitually refuses to obey the reasonable and proper orders or
directions of his or her parents, guardian, or custodian, or
who is beyond the control of that person, or who
is person.
(2) He or she is under the age of
18 years when he or she violated any ordinance of any city or county
of this state establishing a curfew based solely on age is
within the jurisdiction of the juvenile court which may adjudge the
minor to be a ward of the court .
(3) He or she engaged in sexting, as defined in Section 729.4,
images of himself or herself or another minor.
(b) If a minor has four or more truancies within one school year
as defined in Section 48260 of the Education Code or a school
attendance review board or probation officer determines that the
available public and private services are insufficient or
inappropriate to correct the habitual truancy of the minor, or to
correct the minor's persistent or habitual refusal to obey the
reasonable and proper orders or directions of school authorities, or
if the minor fails to respond to directives of a school attendance
review board or probation officer or to services provided, the minor
is then within the jurisdiction of the juvenile court which may
adjudge the minor to be a ward of the court. However, it is the
intent of the Legislature that no minor who is adjudged a ward of the
court pursuant solely to this subdivision shall be removed from the
custody of the parent or guardian except during school hours.
(c) To the extent practically feasible, a minor who is adjudged a
ward of the court pursuant to this section shall not be permitted to
come into or remain in contact with any minor ordered to participate
in a truancy program, or the equivalent thereof, pursuant to Section
602.
(d) Any peace officer or school administrator may issue a notice
to appear to a minor who is within the jurisdiction of the juvenile
court pursuant to this section.
SEC. 2. Section 729.4 is added to the
Welfare and Institutions Code , to read:
729.4. (a) For purposes of this section, "sexting" means
creating, sharing, forwarding, possessing, or soliciting or coercing
another to create, share, forward, or possess an image depicting
sexual conduct, as defined in subdivision (b) of Section 311.4 of the
Penal Code, using a handheld or other electronic device.
(b) (1) Notwithstanding Section 727.5, if a minor is found to be a
person described in Section 601 because he or she engaged in sexting
images of himself or herself or another minor, the court shall order
the minor to perform 24 hours of community service.
(2) If the court finds that the minor has repeatedly engaged in
sexting images of himself or herself or another minor, the court
shall order the minor to perform 40 hours of community service.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Chapter 35 (commencing with Section
22949) is added to Division 8 of the Business and Professions Code,
to read:
CHAPTER 35. CELLULAR TELEPHONE EQUIPMENT
22949. On and after July 1, 2012, a retailer shall not sell
cellular telephone equipment or a contract for cellular telephone
equipment service, or renew a contract for cellular telephone
service, unless the retailer provides the customer with a brochure,
in a form approved by the Director of Consumer Affairs, describing
the prohibition in Section 311.11 of the Penal Code against
possessing or controlling an image of a minor engaging in, or
simulating, sexual conduct.
22949.1. The Director of Consumer Affairs shall notify all
retailers in this state that engage in the type of business described
in Section 22949 of the requirements of that section.
22949.2. A violation of Section 22949 is an infraction,
punishable by a fine of two hundred fifty dollars ($250) for the
first violation and by a fine of five hundred dollars ($500) for each
subsequent violation.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B 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 XIII B of the California Constitution.
