Bill Text: CA SB1363 | 2023-2024 | Regular Session | Introduced

California Senate Bill 1363

Introduced

Bill Title: Personal safety devices.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-02-29 - Referred to Com. on PUB S. [SB1363 Detail]

Download: California-2023-SB1363-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1363

Introduced by Senator Wilk

February 16, 2024

An act to add Division 12 (commencing with Section 23060) to Title 3 of Part 6 of the Penal Code, relating to weapons.

LEGISLATIVE COUNSEL'S DIGEST

SB 1363, as introduced, Wilk. Personal safety devices.

Existing law categorizes certain weapons, including metal knuckles and specified knives, as generally prohibited weapons, and prohibits the possession of those weapons. Existing law permits certain devices to be purchased, possessed, or used in specified circumstances, including a stun gun.

This bill would prohibit a stadium, concert venue, live performance or sporting venue, or arena where music, entertainment, or sporting events are being presented from prohibiting an individual from carrying a personal safety device, as defined, on their person. The bill would specify that these provisions do not include any device described as a personal safety device that would otherwise fall under the definition of any weapon otherwise prohibited by law. The bill would impose a $50 fine for each individual prohibited from carrying a personal safety device permitted to be carried under these provisions. By creating a new crime, this 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.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Division 12 (commencing with Section 23060) is added to Title 3 of Part 6 of the Penal Code, to read:

DIVISION 12. Personal Safety Devices

23060.

(a) A stadium, concert venue, live performance or sporting venue, or arena where music, entertainment, or sporting events are being presented shall not prohibit an individual from carrying a personal safety device on their person.

(b) A “personal safety device” is a small device that attaches to a key chain for the purposes of self-defense, including, but not limited to, personal alarms intended to signal a need for help. This shall not include pepper spray or any other weapon otherwise prohibited by law.

(c) This section shall not be interpreted to authorize the use of a device described as a personal safety device that would otherwise fall under the definition of any weapon prohibited under this code.

(d) A violation of this section shall be an infraction punishable by a fifty-dollar ($50) fine for each individual prohibited from carrying a personal safety device authorized under this section.

SEC. 2.

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.