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| 1 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2879Introduced by Assembly Member ChuFebruary 21, 2020 An act to amend Section 375 of the Penal Code, relating to injurious matter. LEGISLATIVE COUNSEL'S DIGESTAB 2879, as introduced, Chu. Injurious matter: exposure.Existing law makes it a misdemeanor to throw, drop, pour, deposit, release, discharge, or expose matter that is injurious to person or property, or that is nauseous, sickening, irritating, or offensive to the senses, in a place of public assemblage. If the person employs a substance that may produce serious illness or permanent injury, the crime is punishable as a felony.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 375 of the Penal Code is amended to read:375. (a) It shall be is unlawful to throw, drop, pour, deposit, release, discharge discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge discharge, or expose in, upon upon, or about any a theater, restaurant, place of business, place of amusement amusement, or any a place of public assemblage, any a liquid, gaseous gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive to any of the senses.(b) It shall be is unlawful to manufacture or prepare, or to possess any a liquid, gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge discharge, or expose the same in, upon upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.(c) Any A person violating any of the provisions hereof this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.(d) Any A person who, in violating any of the provisions of subdivision (a), willfully employs or uses any a liquid, gaseous gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2879Introduced by Assembly Member ChuFebruary 21, 2020 An act to amend Section 375 of the Penal Code, relating to injurious matter. LEGISLATIVE COUNSEL'S DIGESTAB 2879, as introduced, Chu. Injurious matter: exposure.Existing law makes it a misdemeanor to throw, drop, pour, deposit, release, discharge, or expose matter that is injurious to person or property, or that is nauseous, sickening, irritating, or offensive to the senses, in a place of public assemblage. If the person employs a substance that may produce serious illness or permanent injury, the crime is punishable as a felony.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly May 04, 2020 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly May 04, 2020 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2879 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member ChuFebruary 21, 2020 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Chu | |
| 18 | 18 | February 21, 2020 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 375 of the Penal Code, relating to injurious matter. | |
| 20 | + | An act to amend Section 375 of the Penal Code, relating to injurious matter. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2879, as | |
| 26 | + | AB 2879, as introduced, Chu. Injurious matter: exposure. | |
| 27 | 27 | ||
| 28 | - | Existing law requires every person or agency dealing with crimes or criminals to maintain records for the correct reporting of statistical data and to report statistical data to the Department of Justice when requested by the Attorney General. Subject to the availability of adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report information related to hate crimes to the Department of Justice.This bill would require a law enforcement agency to complete a supplemental hate crime or hate incident report form for each suspected hate crime or hate incident. The bill would require that the form indicate the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime. By creating new reporting requirements for local law enforcement agencies, the 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, 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 the statutory provisions noted above.Existing law makes it a misdemeanor to throw, drop, pour, deposit, release, discharge, or expose matter that is injurious to person or property, or that is nauseous, sickening, irritating, or offensive to the senses, in a place of public assemblage. If the person employs a substance that may produce serious illness or permanent injury, the crime is punishable as a felony.This bill would make technical, nonsubstantive changes to these provisions. | |
| 29 | - | ||
| 30 | - | Existing law requires every person or agency dealing with crimes or criminals to maintain records for the correct reporting of statistical data and to report statistical data to the Department of Justice when requested by the Attorney General. Subject to the availability of adequate funding, existing law requires the Attorney General to direct local law enforcement agencies to report information related to hate crimes to the Department of Justice. | |
| 31 | - | ||
| 32 | - | This bill would require a law enforcement agency to complete a supplemental hate crime or hate incident report form for each suspected hate crime or hate incident. The bill would require that the form indicate the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime. By creating new reporting requirements for local law enforcement agencies, the bill would impose a state-mandated local program. | |
| 33 | - | ||
| 34 | - | 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. | |
| 35 | - | ||
| 36 | - | 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 the statutory provisions noted above. | |
| 28 | + | Existing law makes it a misdemeanor to throw, drop, pour, deposit, release, discharge, or expose matter that is injurious to person or property, or that is nauseous, sickening, irritating, or offensive to the senses, in a place of public assemblage. If the person employs a substance that may produce serious illness or permanent injury, the crime is punishable as a felony.This bill would make technical, nonsubstantive changes to these provisions. | |
| 37 | 29 | ||
| 38 | 30 | Existing law makes it a misdemeanor to throw, drop, pour, deposit, release, discharge, or expose matter that is injurious to person or property, or that is nauseous, sickening, irritating, or offensive to the senses, in a place of public assemblage. If the person employs a substance that may produce serious illness or permanent injury, the crime is punishable as a felony. | |
| 39 | 31 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | 32 | This bill would make technical, nonsubstantive changes to these provisions. | |
| 43 | - | ||
| 44 | - | ||
| 45 | 33 | ||
| 46 | 34 | ## Digest Key | |
| 47 | 35 | ||
| 48 | 36 | ## Bill Text | |
| 49 | 37 | ||
| 50 | - | The people of the State of California do enact as follows:SECTION 1. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 375 of the Penal Code is amended to read:375. (a) It shall be is unlawful to throw, drop, pour, deposit, release, discharge discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge discharge, or expose in, upon upon, or about any a theater, restaurant, place of business, place of amusement amusement, or any a place of public assemblage, any a liquid, gaseous gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive to any of the senses.(b) It shall be is unlawful to manufacture or prepare, or to possess any a liquid, gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge discharge, or expose the same in, upon upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.(c) Any A person violating any of the provisions hereof this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.(d) Any A person who, in violating any of the provisions of subdivision (a), willfully employs or uses any a liquid, gaseous gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 51 | 39 | ||
| 52 | 40 | The people of the State of California do enact as follows: | |
| 53 | 41 | ||
| 54 | 42 | ## The people of the State of California do enact as follows: | |
| 55 | 43 | ||
| 56 | - | SECTION 1. | |
| 44 | + | SECTION 1. Section 375 of the Penal Code is amended to read:375. (a) It shall be is unlawful to throw, drop, pour, deposit, release, discharge discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge discharge, or expose in, upon upon, or about any a theater, restaurant, place of business, place of amusement amusement, or any a place of public assemblage, any a liquid, gaseous gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive to any of the senses.(b) It shall be is unlawful to manufacture or prepare, or to possess any a liquid, gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge discharge, or expose the same in, upon upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.(c) Any A person violating any of the provisions hereof this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.(d) Any A person who, in violating any of the provisions of subdivision (a), willfully employs or uses any a liquid, gaseous gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 57 | 45 | ||
| 58 | - | SECTION 1. The Legislature finds and declares all of the following:(a) In 2018, the California State Auditor reported, through a 2018 audit of four major law enforcement agencies, that there were misidentifications and underreporting of hate crimes.(b) The audit recommended the implementation and use of a supplemental report form to ensure the accurate identification and reporting of hate crimes.(c) Hate crimes and hate incidents are major concerns in California. Properly addressing hate crimes and hate incidents will help to ensure the safety of all communities throughout the state.(d) Hate crimes are often difficult to prosecute. Having detailed information about the hate crime can help aid in the prosecution of the hate crime. | |
| 59 | - | ||
| 60 | - | SECTION 1. The Legislature finds and declares all of the following: | |
| 46 | + | SECTION 1. Section 375 of the Penal Code is amended to read: | |
| 61 | 47 | ||
| 62 | 48 | ### SECTION 1. | |
| 63 | 49 | ||
| 64 | - | (a) In | |
| 50 | + | 375. (a) It shall be is unlawful to throw, drop, pour, deposit, release, discharge discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge discharge, or expose in, upon upon, or about any a theater, restaurant, place of business, place of amusement amusement, or any a place of public assemblage, any a liquid, gaseous gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive to any of the senses.(b) It shall be is unlawful to manufacture or prepare, or to possess any a liquid, gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge discharge, or expose the same in, upon upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.(c) Any A person violating any of the provisions hereof this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.(d) Any A person who, in violating any of the provisions of subdivision (a), willfully employs or uses any a liquid, gaseous gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 65 | 51 | ||
| 66 | - | (b) | |
| 52 | + | 375. (a) It shall be is unlawful to throw, drop, pour, deposit, release, discharge discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge discharge, or expose in, upon upon, or about any a theater, restaurant, place of business, place of amusement amusement, or any a place of public assemblage, any a liquid, gaseous gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive to any of the senses.(b) It shall be is unlawful to manufacture or prepare, or to possess any a liquid, gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge discharge, or expose the same in, upon upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.(c) Any A person violating any of the provisions hereof this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.(d) Any A person who, in violating any of the provisions of subdivision (a), willfully employs or uses any a liquid, gaseous gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 67 | 53 | ||
| 68 | - | (c) Hate crimes and hate incidents are major concerns in California. Properly addressing hate crimes and hate incidents will help to ensure the safety of all communities throughout the state. | |
| 69 | - | ||
| 70 | - | (d) Hate crimes are often difficult to prosecute. Having detailed information about the hate crime can help aid in the prosecution of the hate crime. | |
| 71 | - | ||
| 72 | - | SEC. 2. Section 13024 is added to the Penal Code, to read:13024. (a) For purposes of this section, the following definitions apply:(1) Bias motivation has the same meaning as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 422.87.(2) Hate crime has the same meaning as provided in Section 422.55.(3) Hate incident means a noncriminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:(A) Disability.(B) Gender.(C) Nationality.(D) Race or ethnicity.(E) Religion.(F) Sexual orientation.(G) Association with a person or group with one or more of the actual or perceived characteristics listed in subparagraphs (A) to (F), inclusive.(b) A law enforcement agency shall complete, for each suspected hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime.(c) Hate incident reporting as required by this section is for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes and does not authorize any penalty merely for a hate incident. | |
| 73 | - | ||
| 74 | - | SEC. 2. Section 13024 is added to the Penal Code, to read: | |
| 75 | - | ||
| 76 | - | ### SEC. 2. | |
| 77 | - | ||
| 78 | - | 13024. (a) For purposes of this section, the following definitions apply:(1) Bias motivation has the same meaning as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 422.87.(2) Hate crime has the same meaning as provided in Section 422.55.(3) Hate incident means a noncriminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:(A) Disability.(B) Gender.(C) Nationality.(D) Race or ethnicity.(E) Religion.(F) Sexual orientation.(G) Association with a person or group with one or more of the actual or perceived characteristics listed in subparagraphs (A) to (F), inclusive.(b) A law enforcement agency shall complete, for each suspected hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime.(c) Hate incident reporting as required by this section is for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes and does not authorize any penalty merely for a hate incident. | |
| 79 | - | ||
| 80 | - | 13024. (a) For purposes of this section, the following definitions apply:(1) Bias motivation has the same meaning as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 422.87.(2) Hate crime has the same meaning as provided in Section 422.55.(3) Hate incident means a noncriminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:(A) Disability.(B) Gender.(C) Nationality.(D) Race or ethnicity.(E) Religion.(F) Sexual orientation.(G) Association with a person or group with one or more of the actual or perceived characteristics listed in subparagraphs (A) to (F), inclusive.(b) A law enforcement agency shall complete, for each suspected hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime.(c) Hate incident reporting as required by this section is for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes and does not authorize any penalty merely for a hate incident. | |
| 81 | - | ||
| 82 | - | 13024. (a) For purposes of this section, the following definitions apply:(1) Bias motivation has the same meaning as provided in subparagraph (B) of paragraph (3) of subdivision (a) of Section 422.87.(2) Hate crime has the same meaning as provided in Section 422.55.(3) Hate incident means a noncriminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:(A) Disability.(B) Gender.(C) Nationality.(D) Race or ethnicity.(E) Religion.(F) Sexual orientation.(G) Association with a person or group with one or more of the actual or perceived characteristics listed in subparagraphs (A) to (F), inclusive.(b) A law enforcement agency shall complete, for each suspected hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime.(c) Hate incident reporting as required by this section is for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes and does not authorize any penalty merely for a hate incident. | |
| 54 | + | 375. (a) It shall be is unlawful to throw, drop, pour, deposit, release, discharge discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge discharge, or expose in, upon upon, or about any a theater, restaurant, place of business, place of amusement amusement, or any a place of public assemblage, any a liquid, gaseous gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive to any of the senses.(b) It shall be is unlawful to manufacture or prepare, or to possess any a liquid, gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge discharge, or expose the same in, upon upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.(c) Any A person violating any of the provisions hereof this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.(d) Any A person who, in violating any of the provisions of subdivision (a), willfully employs or uses any a liquid, gaseous gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 83 | 55 | ||
| 84 | 56 | ||
| 85 | 57 | ||
| 86 | - | ||
| 58 | + | 375. (a) It shall be is unlawful to throw, drop, pour, deposit, release, discharge discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge discharge, or expose in, upon upon, or about any a theater, restaurant, place of business, place of amusement amusement, or any a place of public assemblage, any a liquid, gaseous gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive to any of the senses. | |
| 87 | 59 | ||
| 88 | - | ( | |
| 60 | + | (b) It shall be is unlawful to manufacture or prepare, or to possess any a liquid, gaseous, or solid substance substance, or matter of any kind which that is injurious to person or property, or is nauseous, sickening, irritating irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge discharge, or expose the same in, upon upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage. | |
| 89 | 61 | ||
| 90 | - | ( | |
| 62 | + | (c) Any A person violating any of the provisions hereof this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment. | |
| 91 | 63 | ||
| 92 | - | (3) Hate incident means a noncriminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim: | |
| 93 | - | ||
| 94 | - | (A) Disability. | |
| 95 | - | ||
| 96 | - | (B) Gender. | |
| 97 | - | ||
| 98 | - | (C) Nationality. | |
| 99 | - | ||
| 100 | - | (D) Race or ethnicity. | |
| 101 | - | ||
| 102 | - | (E) Religion. | |
| 103 | - | ||
| 104 | - | (F) Sexual orientation. | |
| 105 | - | ||
| 106 | - | (G) Association with a person or group with one or more of the actual or perceived characteristics listed in subparagraphs (A) to (F), inclusive. | |
| 107 | - | ||
| 108 | - | (b) A law enforcement agency shall complete, for each suspected hate crime or hate incident, a supplemental hate crime or hate incident report form that indicates the type of bias motivation and any other identifying information to assist in the prosecution of the hate crime. | |
| 109 | - | ||
| 110 | - | (c) Hate incident reporting as required by this section is for informational, crime prevention, law enforcement planning, trend analysis, and potential evidentiary purposes and does not authorize any penalty merely for a hate incident. | |
| 111 | - | ||
| 112 | - | 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. | |
| 113 | - | ||
| 114 | - | 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. | |
| 115 | - | ||
| 116 | - | 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. | |
| 117 | - | ||
| 118 | - | ### SEC. 3. | |
| 119 | - | ||
| 120 | - | ||
| 121 | - | ||
| 122 | - | ||
| 123 | - | ||
| 124 | - | (a)It is unlawful to throw, drop, pour, deposit, release, discharge, or expose, or to attempt to throw, drop, pour, deposit, release, discharge, or expose in, upon, or about a theater, restaurant, place of business, place of amusement, or a place of public assemblage, a liquid, gaseous, or solid substance, or matter of any kind that is injurious to person or property, or is nauseous, sickening, irritating, or offensive to any of the senses. | |
| 125 | - | ||
| 126 | - | ||
| 127 | - | ||
| 128 | - | (b)It is unlawful to manufacture or prepare, or to possess a liquid, gaseous, or solid substance, or matter of any kind that is injurious to person or property, or is nauseous, sickening, irritating, or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge, or expose the same in, upon, or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage. | |
| 129 | - | ||
| 130 | - | ||
| 131 | - | ||
| 132 | - | (c)A person violating this section shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment. | |
| 133 | - | ||
| 134 | - | ||
| 135 | - | ||
| 136 | - | (d)A person who, in violating subdivision (a), willfully employs or uses a liquid, gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating subdivision (a), willfully employs or uses tear gas, mustard gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. | |
| 64 | + | (d) Any A person who, in violating any of the provisions of subdivision (a), willfully employs or uses any a liquid, gaseous gaseous, or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas gas, or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be is guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170. |