Bill Text: CA AB2333 | 2011-2012 | Regular Session | Enrolled

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Bill Title: BB devices.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-09-28 - Consideration of Governor's veto pending. [AB2333 Detail]

Download: California-2011-AB2333-Enrolled.html

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BILL NUMBER: AB 2333	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 20, 2012
	PASSED THE ASSEMBLY  AUGUST 22, 2012
	AMENDED IN SENATE  AUGUST 6, 2012
	AMENDED IN SENATE  JUNE 18, 2012
	AMENDED IN ASSEMBLY  APRIL 26, 2012
	AMENDED IN ASSEMBLY  APRIL 18, 2012

INTRODUCED BY   Assembly Member Solorio

                        FEBRUARY 24, 2012

   An act to add Section 19920 to the Penal Code, relating to BB
devices.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2333, Solorio. BB devices.
   Existing law provides that furnishing a BB device to a minor
without the express or implied consent of the minor's parent or legal
guardian is a misdemeanor.
   This bill would provide that any person who keeps a BB device
within any premises that is under the person's custody or control,
who knows or reasonably should know that a minor is likely to gain
access to that BB device without the permission of the minor's parent
or legal guardian, and a minor obtains access to that BB device and
thereafter carries the BB device off-premises and openly displays or
exposes the BB device in a public place in violation of provisions of
existing law, may be subject to a written warning for the first
instance, a civil fine of $100 for the 2nd instance, and a civil fine
of $200 for the 3rd or subsequent instance. The bill would provide
that a written warning or civil fine issued or imposed pursuant to
these provisions may be imposed and administered only by a local
governmental entity acting under the authority of a city, county, or
city and county.


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

  SECTION 1.  Section 19920 is added to the Penal Code, to read:
   19920.  (a) Any person who keeps a BB device within any premises
that are under the person's custody or control, who knows or
reasonably should know that a minor is likely to gain access to that
BB device without the permission of the minor's parent or legal
guardian, and a minor obtains access to that BB device and thereafter
carries the BB device off-premises and openly displays or exposes
the BB device in a public place in violation of Section 20170, may be
subject to the following by a local governmental entity:
   (1) For the first instance, a local governmental entity may issue
a written warning.
   (2) For the second instance, a local governmental entity may
impose a civil fine not to exceed one hundred dollars ($100).
   (3) For a third or subsequent instance, a local governmental
entity may impose a civil fine not to exceed two hundred dollars
($200).
   (b) A written warning or civil fine issued or imposed pursuant to
this section may only be imposed and administered by a local
governmental entity acting under the authority of, and at the
discretion of, a city, county, or city and county.
   (c) If a local governmental entity chooses to impose a fine
pursuant to this section, it shall provide notice to the person to be
fined of the alleged violation, including a description of the
conditions that gave rise to the allegation.
   (d) As used in this section, "off-premises" means premises other
than the premises where the BB device was stored.