Bill Text: CA AB1639 | 2019-2020 | Regular Session | Amended
Bill Title: Tobacco and cannabis products.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2020-07-27 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HEALTH. [AB1639 Detail]
Download: California-2019-AB1639-Amended.html
Amended
IN
Assembly
August 13, 2019 |
Amended
IN
Assembly
July 02, 2019 |
Introduced by Assembly Members Gray, Cunningham, |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would make every person under 21 years of age who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance guilty, upon conviction, of an infraction to be punished by a fine of $100 if they are at least 18 years of age, but less than 21 years of age, or with drug or tobacco cessation education and community service, as specified, if they are under 18 years of age. By creating a new crime, the bill would impose a state-mandated local program.
This bill would require, for each conviction of a person for a violation of those provisions
committed while the person was under 18 years of age, but 13 years of age or older, the court to suspend the person’s driving privilege for one year, or if the person convicted does not yet have the privilege to drive, to order the Department of Motor Vehicles to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive.
(4)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.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 22952 of the Business and Professions Code is amended to read:22952.
The State Department of Public Health shall do all of the following:SEC. 2.
Section 22956 of the Business and Professions Code is amended to read:22956.
A person engaging in the retail sale of tobacco products shall check the identification of a tobacco purchaser using age verification software or an age verification device to establish the age of the purchaser if the purchaser reasonably appears to be under 27 years of age.SEC. 3.
Section 22958 of the Business and Professions Code is amended to read:22958.
(a) (1) An enforcing agency may assess civil penalties against any person, firm, or corporation that sells, gives, or in any way furnishes to another person who is under 21 years of age, any tobacco, cigarette, cigarette papers, any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, according to the following schedule:SEC. 4.
Section 22962 of the Business and Professions Code is amended to read:22962.
(a) For purposes of this section, the following terms have the following meanings:SEC. 5.
Section 22964.5 is added to the Business and Professions Code, to read:22964.5.
(a) No person under 21 years of age may enter into a tobacco store.SEC. 6.
Section 119408 is added to the Health and Safety Code, to read:119408.
(a) An electronic cigarette manufacturer shall not advertise, promote, or package electronic cigarettes in a manner that does either of the following:(f)
(g)
(h)
(i)
SEC. 7.
Section 119409 is added to the Health and Safety Code, to read:119409.
(a) A tobacco retailer licensed under Division 8.6 (commencing with Section 22970) of the Business and Professions Code and an online retailer shall not sell flavored electronic cigarettes, except as provided in subdivision (b).SEC. 8.
Section 119410 is added to the Health and Safety Code, to read:119410.
(a) On or before January 1, 2021, the State Department of Public Health and the State Department of Education shall report to the Legislature, the Senate Committee on Health, and the Assembly Committee on Governmental Organization on all of the following:SEC. 9.
Section 308 of the Penal Code is amended to read:308.
(a) (1) (A) (i) Every firm or corporation that knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigarette, or cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, is subject to either a criminal action for a misdemeanor or a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of four hundred dollars ($400) for the first offense, one thousand dollars ($1,000) for the second offense, and two thousand dollars ($2,000) for the third offense.(d)Every person under 21 years of age who purchases, receives, or possesses any tobacco, cigarette, cigarette papers, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking of tobacco, products prepared from tobacco, or any controlled substance shall, upon conviction, be punished or adjudicated as follows:
(1)Persons under 18 years of age are guilty of an infraction and shall be required to:
(A)Upon a finding that a first offense has been committed, complete 4 hours of drug education or counseling or tobacco cessation education or counseling and up to 10 hours of community service over a period not to exceed 60 days.
(B)Upon a finding that a second offense or subsequent offense has been committed, complete 6 hours of drug education or counseling or tobacco cessation education or counseling and up to 20 hours of community service over a period not to exceed 90 days.
(2)Persons at least 18 years of age, but less than 21 years of age are guilty of an infraction and punishable by a fine of not more than one hundred dollars ($100).
(e)Notwithstanding subdivision (d), a person under 21 years of age who purchases, receives, or possesses any tobacco, cigarette, or cigarette papers, or any other preparation of tobacco, any other instrument or paraphernalia that is designed for the smoking of tobacco, or products prepared from tobacco
is immune from prosecution for that purchase, receipt, or possession while participating in either of the following:
(1)An enforcement activity that complies with the guidelines adopted pursuant to subdivisions (c) and (d) of Section 22952 of the Business and Professions Code.
(2)An activity conducted by the State Department of Public Health, a local health department, or a law enforcement agency for the purpose of determining or evaluating youth tobacco purchase rates.
(f)
(g)
(h)
(a)(1)For each conviction of a person for a violation of subdivision (d) of Section 308 of the Penal Code committed while the person was under 18 years of age, but 13 years of age or older, the court shall suspend the person’s driving privilege for one year. If the person convicted does not yet have the privilege to drive, the court shall order the department to delay issuing the privilege to drive for one year subsequent to the time the person becomes legally eligible to drive. However, if there is no further conviction for a violation of subdivision (d) of Section 308 of the Penal Code in a 12-month period after the conviction, the court, upon petition of the person affected, may modify the order imposing the delay of the privilege. For each successive offense, the court shall
suspend the person’s driving privilege for those possessing a license or delay the eligibility for those not in possession of a license at the time of their conviction for one additional year.
(2)As used in this section, the term “conviction” includes the findings in juvenile proceedings specified in Section 13105.
(b)Whenever the court suspends driving privileges pursuant to subdivision (a), the court in which the conviction is had shall require all driver’s licenses held by the person to be surrendered to the court. The court shall within 10 days following the conviction transmit a certified abstract of the conviction, together with any driver’s licenses surrendered, to the department.
(c)(1)After a court has issued an order suspending or delaying driving privileges pursuant to subdivision
(a), the court, upon petition of the person affected, may review the order and may impose restrictions on the person’s privilege to drive based upon a showing of a critical need to drive.
(2)As used in this section, “critical need to drive” means the circumstances that are required to be shown for the issuance of a junior permit pursuant to Section 12513.
(3)The restriction shall remain in effect for the balance of the period of suspension or restriction in this section. The court shall notify the department of any modification within 10 days of the order of modification.
(d)Suspension, restriction, or delay of driving privileges pursuant to this section shall be in addition to any penalty imposed upon conviction of a violation of subdivision (d) of Section 308 of the Penal
Code.
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.