Bill Text: CA AB322 | 2009-2010 | Regular Session | Enrolled
Bill Title: Less lethal weapons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2010-01-14 - Consideration of Governor's veto stricken from file. [AB322 Detail]
Download: California-2009-AB322-Enrolled.html
BILL NUMBER: AB 322 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JUNE 15, 2009
INTRODUCED BY Assembly Member Silva
FEBRUARY 18, 2009
An act to amend Sections 171b, 171.5, 245.5, 626.10, 11160, and
12650 of the Penal Code, relating to less lethal weapons.
LEGISLATIVE COUNSEL'S DIGEST
AB 322, Silva. Less lethal weapons.
Existing law generally regulates dangerous weapons, including stun
guns and tasers, and establishes offenses committed with stun guns
and tasers.
This bill would replace the term "taser" with "less lethal weapon"
for these purposes.
By expanding the scope of existing crimes, this bill would impose
a state-mandated local program.
This bill would incorporate additional changes to Section 626.10
of the Penal Code, proposed by AB 870, contingent on the prior
enactment of that bill.
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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 171b of the Penal Code is amended to read:
171b. (a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of, or Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the
Government Code, any of the following is guilty of a public offense
punishable by imprisonment in a county jail for not more than one
year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any less lethal weapon, as defined in Section 12601, or stun
gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A person who possesses weapons in, or transports weapons into,
a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply
to any person who brings or possesses any weapon specified therein
within any courtroom if he or she is a party to an action pending
before the court.
(3) A person holding a valid license to carry the firearm pursuant
to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2
of Part 4.
(4) A person who has permission to possess that weapon granted in
writing by a duly authorized official who is in charge of the
security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in
lawful possession of, that building with respect to those portions of
the building that are not owned or leased by the state or local
government.
(6) A person licensed or registered in accordance with, and acting
within the course and scope of, Chapter 11.5 (commencing with
Section 7512) or Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code who has been hired by
the owner or manager of the building if the person has permission
pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any
weapon that may otherwise be lawfully transferred, into a gun show
conducted pursuant to Sections 12071.1 and 12071.4.
(B) A person who, for purposes of an authorized public exhibition,
brings any weapon that may otherwise be lawfully possessed, into a
gun show conducted pursuant to Sections 12071.1 and 12071.4.
(c) As used in this section, "state or local public building"
means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the
state or local government, if state or local public employees are
regularly present for the purposes of performing their official
duties. A state or local public building includes, but is not limited
to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is
referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this
code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be
used, by state or local employees as a place of residence.
SEC. 2. Section 171.5 of the Penal Code is amended to read:
171.5. (a) For purposes of this section:
(1) "Airport" means an airport, with a secured area, that
regularly serves an air carrier holding a certificate issued by the
United States Secretary of Transportation.
(2) "Passenger vessel terminal" means only that portion of a
harbor or port facility, as described in Section 105.105(a)(2) of
Title 33 of the Code of Federal Regulations, with a secured area that
regularly serves scheduled commuter or passenger operations.
(3) "Sterile area" means a portion of an airport defined in the
airport security program to which access generally is controlled
through the screening of persons and property, as specified in
Section 1540.5 of Title 49 of the Code of Federal Regulations, or a
portion of any passenger vessel terminal to which, pursuant to the
requirements set forth in Sections 105.255(a)(1), 105.255(c)(1), and
105.260(a) of Title 33 of the Code of Federal Regulations, access is
generally controlled in a manner consistent with the passenger vessel
terminal's security plan and the MARSEC level in effect at the time.
(b) It is unlawful for any person to knowingly possess, within any
sterile area of an airport or a passenger vessel terminal, any of
the items listed in subdivision (c).
(c) The following items are unlawful to possess as provided in
subdivision (b):
(1) Any firearm.
(2) Any knife with a blade length in excess of four inches, the
blade of which is fixed, or is capable of being fixed, in an
unguarded position by the use of one or two hands.
(3) Any box cutter or straight razor.
(4) Any metal military practice hand grenade.
(5) Any metal replica hand grenade.
(6) Any plastic replica hand grenade.
(7) Any imitation firearm as defined in Section 417.4.
(8) Any frame, receiver, barrel, or magazine of a firearm.
(9) Any unauthorized tear gas weapon.
(10) Any less lethal weapon, as defined in Section 12601, or stun
gun, as defined in Section 244.5.
(11) Any instrument that expels a metallic projectile, such as a
BB or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(12) Any ammunition as defined in Section 12316.
(d) Subdivision (b) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(2) A person who has authorization to possess a weapon specified
in subdivision (c), granted in writing by an airport security
coordinator who is designated as specified in Section 1542.3 of Title
49 of the Code of Federal Regulations, and who is responsible for
the security of the airport.
(3) A person, including an employee of a licensed contract guard
service, who has authorization to possess a weapon specified in
subdivision (c) granted in writing by a person discharging the duties
of Facility Security Officer or Company Security Officer pursuant to
an approved United States Coast Guard facility security plan, and
who is responsible for the security of the passenger vessel terminal.
(e) A violation of this section is punishable by imprisonment in a
county jail for a period not exceeding six months, or by a fine not
exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.
(f) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission that is punishable in different ways by
this and any other provision of law shall not be punished under more
than one provision.
(g) Nothing in this section is intended to affect existing state
or federal law regarding the transportation of firearms on airplanes
in checked luggage, or the possession of the items listed in
subdivision (c) in areas that are not "sterile areas."
SEC. 3. Section 245.5 of the Penal Code is amended to read:
245.5. (a) Every person who commits an assault with a deadly
weapon or instrument, other than a firearm, or by any means likely to
produce great bodily injury upon the person of a school employee,
and who knows or reasonably should know that the victim is a school
employee engaged in the performance of his or her duties, when that
school employee is engaged in the performance of his or her duties,
shall be punished by imprisonment in the state prison for three,
four, or five years, or in a county jail not exceeding one year.
(b) Every person who commits an assault with a firearm upon the
person of a school employee, and who knows or reasonably should know
that the victim is a school employee engaged in the performance of
his or her duties, when the school employee is engaged in the
performance of his or her duties, shall be punished by imprisonment
in the state prison for four, six, or eight years, or in a county
jail for not less than six months and not exceeding one year.
(c) Every person who commits an assault upon the person of a
school employee with a stun gun, as defined in Section 244.5, or a
less lethal weapon, as defined in Section 12601, and who knows or
reasonably should know that the person is a school employee engaged
in the performance of his or her duties, when the school employee is
engaged in the performance of his or her duties, shall be punished by
imprisonment in a county jail for a term not exceeding one year or
by imprisonment in the state prison for two, three, or four years.
This subdivision shall not be construed to preclude or in any way
limit the applicability of Section 245 in any criminal prosecution.
(d) As used in the section, "school employee" means any person
employed as a permanent or probationary certificated or classified
employee of a school district on a part-time or full-time basis,
including a substitute teacher. "School employee," as used in this
section, also includes a student teacher, or a school board member.
"School," as used in this section, has the same meaning as that term
is defined in Section 626.
SEC. 4. Section 626.10 of the Penal Code is amended to read:
626.10. (a) Any person, except a duly appointed peace officer as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, a razor with an unguarded blade, a less
lethal weapon, as defined in Section 12601, or a stun gun, as defined
in subdivision (a) of Section 244.5, any instrument that expels a
metallic projectile such as a BB or a pellet, through the force of
air pressure, CO2 pressure, or spring action, or any spot marker gun,
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year, or by imprisonment in the
state prison.
(b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 21/2 inches upon the grounds
of, or within, any private university, the University of California,
the California State University, or the California Community Colleges
is guilty of a public offense, punishable by imprisonment in a
county jail not exceeding one year, or by imprisonment in the state
prison.
(c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 21/2 inches or a
razor with an unguarded blade upon the grounds of, or within, a
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, or any private university, state
university, or community college at the direction of a faculty member
of the private university, state university, or community college,
or a certificated or classified employee of the school for use in a
private university, state university, community college, or
school-sponsored activity or class.
(d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 21/2
inches, or a razor with an unguarded blade upon the grounds of, or
within, a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, or any private
university, state university, or community college for a lawful
purpose within the scope of the person's employment.
(e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than
21/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
(f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun upon the grounds of, or within, a
public or private school providing instruction in kindergarten or any
of grades 1 to 12, inclusive, if the person has the written
permission of the school principal or his or her designee.
(g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
(h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.
(i) Any person who, without the written permission of the college
or university president or chancellor or his or her designee, brings
or possesses a less lethal weapon, as defined in Section 12601, or a
stun gun, as defined in Section 12650, upon the grounds of or within,
a public or private college or university campus is guilty of a
misdemeanor.
SEC. 4.5. Section 626.10 of the Penal Code is amended to read:
626.10. (a) (1) Any person, except a duly appointed peace officer
as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2, a full-time paid peace officer of another state or the
federal government who is carrying out official duties while in this
state, a person summoned by any officer to assist in making arrests
or preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick,
knife having a blade longer than 21/2 inches, folding knife with a
blade that locks into place, razor with an unguarded blade, less
lethal weapon, as defined in Section 12601, or stun gun, as defined
in subdivision (a) of Section 244.5, any instrument that expels a
metallic projectile such as a BB or a pellet, through the force of
air pressure, CO2 pressure, or spring action, or any spot marker gun,
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year, or by imprisonment in the
state prison.
(2) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses a razor blade or a box cutter
upon the grounds of, or within, any public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, is guilty of a public offense, punishable by imprisonment
in a county jail not exceeding one year.
(b) Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in this state, a
person summoned by any officer to assist in making arrests or
preserving the peace while the person is actually engaged in
assisting any officer, or a member of the military forces of this
state or the United States who is engaged in the performance of his
or her duties, who brings or possesses any dirk, dagger, ice pick, or
knife having a fixed blade longer than 21/2 inches upon the grounds
of, or within, any private university, the University of California,
the California State University, or the California Community Colleges
is guilty of a public offense, punishable by imprisonment in a
county jail not exceeding one year, or by imprisonment in the state
prison.
(c) Subdivisions (a) and (b) do not apply to any person who brings
or possesses a knife having a blade longer than 21/2 inches, a razor
with an unguarded blade, a razor blade, or a box cutter upon the
grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, or
any private university, state university, or community college at the
direction of a faculty member of the private university, state
university, or community college, or a certificated or classified
employee of the school for use in a private university, state
university, community college, or school-sponsored activity or class.
(d) Subdivisions (a) and (b) do not apply to any person who brings
or possesses an ice pick, a knife having a blade longer than 21/2
inches, a razor with an unguarded blade, a razor blade, or a box
cutter upon the grounds of, or within, a public or private school
providing instruction in kindergarten or any of grades 1 to 12,
inclusive, or any private university, state university, or community
college for a lawful purpose within the scope of the person's
employment.
(e) Subdivision (b) does not apply to any person who brings or
possesses an ice pick or a knife having a fixed blade longer than
21/2 inches upon the grounds of, or within, any private university,
state university, or community college for lawful use in or around a
residence or residential facility located upon those grounds or for
lawful use in food preparation or consumption.
(f) Subdivision (a) does not apply to any person who brings an
instrument that expels a metallic projectile such as a BB or a
pellet, through the force of air pressure, CO2 pressure, or spring
action, or any spot marker gun, or any razor blade or box cutter upon
the grounds of, or within, a public or private school providing
instruction in kindergarten or any of grades 1 to 12, inclusive, if
the person has the written permission of the school principal or his
or her designee.
(g) Any certificated or classified employee or school peace
officer of a public or private school providing instruction in
kindergarten or any of grades 1 to 12, inclusive, may seize any of
the weapons described in subdivision (a), and any certificated or
classified employee or school peace officer of any private
university, state university, or community college may seize any of
the weapons described in subdivision (b), from the possession of any
person upon the grounds of, or within, the school if he or she knows,
or has reasonable cause to know, the person is prohibited from
bringing or possessing the weapon upon the grounds of, or within, the
school.
(h) As used in this section, "dirk" or "dagger" means a knife or
other instrument with or without a handguard that is capable of ready
use as a stabbing weapon that may inflict great bodily injury or
death.
(i) Any person who, without the written permission of the college
or university president or chancellor or his or her designee, brings
or possesses a less lethal weapon, as defined in Section 12601, or a
stun gun, as defined in Section 12650, upon the grounds of or within,
a public or private college or university campus is guilty of a
misdemeanor.
SEC. 5. Section 11160 of the Penal Code is amended to read:
11160. (a) Any health practitioner employed in a health facility,
clinic, physician's office, local or state public health department,
or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical services
for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall
immediately make a report in accordance with subdivision (b):
(1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.
(2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
(b) Any health practitioner employed in a health facility, clinic,
physician's office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in
subdivision (a) to a local law enforcement agency as follows:
(1) A report by telephone shall be made immediately or as soon as
practically possible.
(2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision, and
Section 11160.2, and adopted by the agency or agencies designated by
the Director of Finance pursuant to Section 13820, or on a form
developed and adopted by another state agency that otherwise fulfills
the requirements of the standard form. The completed form shall be
sent to a local law enforcement agency within two working days of
receiving the information regarding the person.
(3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
(4) The report shall include, but shall not be limited to, the
following:
(A) The name of the injured person, if known.
(B) The injured person's whereabouts.
(C) The character and extent of the person's injuries.
(D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
(c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
(d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
(1) Murder, in violation of Section 187.
(2) Manslaughter, in violation of Section 192 or 192.5.
(3) Mayhem, in violation of Section 203.
(4) Aggravated mayhem, in violation of Section 205.
(5) Torture, in violation of Section 206.
(6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
(7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
(8) Battery, in violation of Section 242.
(9) Sexual battery, in violation of Section 243.4.
(10) Incest, in violation of Section 285.
(11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
(12) Assault with a stun gun or less lethal weapon, in violation
of Section 244.5.
(13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
(14) Rape, in violation of Section 261.
(15) Spousal rape, in violation of Section 262.
(16) Procuring any female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.
(17) Child abuse or endangerment, in violation of Section 273a or
273d.
(18) Abuse of spouse or cohabitant, in violation of Section 273.5.
(19) Sodomy, in violation of Section 286.
(20) Lewd and lascivious acts with a child, in violation of
Section 288.
(21) Oral copulation, in violation of Section 288a.
(22) Sexual penetration, in violation of Section 289.
(23) Elder abuse, in violation of Section 368.
(24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
(e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b). The written report shall be signed by the
selected member of the reporting team. Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
(f) The reporting duties under this section are individual, except
as provided in subdivision (e).
(g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making a
report pursuant to this section shall be subject to any sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require any employee required to make a report under this article to
disclose his or her identity to the employer.
(h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.
SEC. 6. Section 12650 of the Penal Code is amended to read:
12650. "Stun gun" as used in this chapter shall include any item,
except a less lethal weapon, as defined in Section 12601, used or
intended to be used as either an offensive or defensive weapon
capable of temporarily immobilizing a person by the infliction of an
electrical charge.
SEC. 6.5. Section 4.5 of this bill incorporates amendments to
Section 626.10 of the Penal Code proposed by both this bill and AB
870. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2010, (2) each bill amends
Section 626.10 of the Penal Code, and (3) this bill is enacted after
AB 870, in which case Section 4 of this bill shall not become
operative.
SEC. 7. 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.
