| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2691Introduced by Assembly Member Quirk-SilvaFebruary 14, 2024 An act to amend Section 23645 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 2691, as introduced, Quirk-Silva. Firearms.Existing law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Existing law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense. 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 23645 of the Penal Code is amended to read:23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).(b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000).(c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this the state.(2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this the state. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2691Introduced by Assembly Member Quirk-SilvaFebruary 14, 2024 An act to amend Section 23645 of the Penal Code, relating to firearms.LEGISLATIVE COUNSEL'S DIGESTAB 2691, as introduced, Quirk-Silva. Firearms.Existing law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Existing law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense. 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 March 21, 2024 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 21, 2024 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2691 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member Quirk-SilvaFebruary 14, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Quirk-Silva | |
| 18 | 18 | February 14, 2024 | |
| 19 | 19 | ||
| 20 | - | An act to amend Section 23645 of the Penal Code, relating to firearms. | |
| 20 | + | An act to amend Section 23645 of the Penal Code, relating to firearms. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2691, as | |
| 26 | + | AB 2691, as introduced, Quirk-Silva. Firearms. | |
| 27 | 27 | ||
| 28 | - | Existing law defines specified behavior as disorderly conduct and prohibits that behavior. Under existing law, disorderly conduct includes, among other things, the intentional distribution of certain images of another person taken under circumstances in which the person understands that the image shall remain private, the distribution of which causes serious emotional distress. Under existing law, disorderly conduct is punishable as a misdemeanor.This bill would make a person guilty of sexual harassment if the person intentionally posts, distributes, or creates, or threatens to post, distribute, or create, an intimate digital depiction of another individual without consent of that individual. The bill would define intimate digital depiction as an image or video of an individual that has been created or altered using digital manipulation and that depicts, among other things, an identifiable individual engaging in sexually explicit conduct. The bill would require this crime to be punished as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony for 16 months or for 2 or 3 years. By creating a new crime, 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 no reimbursement is required by this act for a specified reason.Existing law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Existing law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense. This bill would make technical, nonsubstantive changes to these provisions. | |
| 29 | - | ||
| 30 | - | Existing law defines specified behavior as disorderly conduct and prohibits that behavior. Under existing law, disorderly conduct includes, among other things, the intentional distribution of certain images of another person taken under circumstances in which the person understands that the image shall remain private, the distribution of which causes serious emotional distress. Under existing law, disorderly conduct is punishable as a misdemeanor. | |
| 31 | - | ||
| 32 | - | This bill would make a person guilty of sexual harassment if the person intentionally posts, distributes, or creates, or threatens to post, distribute, or create, an intimate digital depiction of another individual without consent of that individual. The bill would define intimate digital depiction as an image or video of an individual that has been created or altered using digital manipulation and that depicts, among other things, an identifiable individual engaging in sexually explicit conduct. The bill would require this crime to be punished as a misdemeanor by imprisonment in the county jail not exceeding one year or as a felony for 16 months or for 2 or 3 years. By creating a new crime, 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 no reimbursement is required by this act for a specified reason. | |
| 28 | + | Existing law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Existing law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense. This bill would make technical, nonsubstantive changes to these provisions. | |
| 37 | 29 | ||
| 38 | 30 | Existing law requires any firearm sold, transferred, or manufactured in this state to include certain firearm safety devices and the packaging of any firearm and any descriptive material that accompany any firearm to bear a label with a specified warning statement. Existing law makes a violation of these provisions punishable by a fine on the first offense, a fine and prohibition from the manufacturing or selling of firearms in this state for 30 days on the second offense, and a permanent prohibition from the manufacturing or selling of firearms in this state on the third offense. | |
| 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. Section | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 23645 of the Penal Code is amended to read:23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).(b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000).(c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this the state.(2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this the state. | |
| 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. Section | |
| 44 | + | SECTION 1. Section 23645 of the Penal Code is amended to read:23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).(b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000).(c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this the state.(2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this the state. | |
| 57 | 45 | ||
| 58 | - | SECTION 1. Section | |
| 46 | + | SECTION 1. Section 23645 of the Penal Code is amended to read: | |
| 59 | 47 | ||
| 60 | 48 | ### SECTION 1. | |
| 61 | 49 | ||
| 62 | - | ||
| 50 | + | 23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).(b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000).(c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this the state.(2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this the state. | |
| 63 | 51 | ||
| 64 | - | ||
| 52 | + | 23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).(b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000).(c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this the state.(2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this the state. | |
| 65 | 53 | ||
| 66 | - | ||
| 54 | + | 23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000).(b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000).(c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this the state.(2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this the state. | |
| 67 | 55 | ||
| 68 | 56 | ||
| 69 | 57 | ||
| 70 | - | ||
| 58 | + | 23645. (a) Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000). | |
| 71 | 59 | ||
| 72 | - | (b) A | |
| 60 | + | (b) On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in this the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000). | |
| 73 | 61 | ||
| 74 | - | (c) | |
| 62 | + | (c) (1) On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in this the state. | |
| 75 | 63 | ||
| 76 | - | (1) The uncovered genitals, pubic area, anus, or postpubescent nipple of an identifiable individual. | |
| 77 | - | ||
| 78 | - | (2) The display or transfer of bodily sexual fluids onto any part of the body of an identifiable individual from the body of an identifiable individual. | |
| 79 | - | ||
| 80 | - | (3) An identifiable individual engaging in sexually explicit conduct. | |
| 81 | - | ||
| 82 | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 83 | - | ||
| 84 | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 85 | - | ||
| 86 | - | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 87 | - | ||
| 88 | - | ### SEC. 2. | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | ||
| 93 | - | ||
| 94 | - | (a)Any violation of Section 23635 or Section 23640 is punishable by a fine of one thousand dollars ($1,000). | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (b)On a second violation of any of those sections, a licensed firearm manufacturer shall be ineligible to manufacture, or a licensed firearm dealer shall be ineligible to sell, firearms in the state for 30 days, and shall be punished by a fine of one thousand dollars ($1,000). | |
| 99 | - | ||
| 100 | - | ||
| 101 | - | ||
| 102 | - | (c)(1)On a third violation of any of those sections, a firearm manufacturer shall be permanently ineligible to manufacture firearms in the state. | |
| 103 | - | ||
| 104 | - | ||
| 105 | - | ||
| 106 | - | (2)On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in the state. | |
| 64 | + | (2) On a third violation of any of those sections, a licensed firearm dealer shall be permanently ineligible to sell firearms in this the state. |