| 1 | 1 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1363Introduced by Senator WilkFebruary 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 DIGESTSB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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 Devices23060. (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 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. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1363Introduced by Senator WilkFebruary 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 DIGESTSB 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 1363 |
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| 14 | 14 | | |
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| 15 | 15 | | Introduced by Senator WilkFebruary 16, 2024 |
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| 17 | 17 | | Introduced by Senator Wilk |
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| 18 | 18 | | February 16, 2024 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to add Division 12 (commencing with Section 23060) to Title 3 of Part 6 of the Penal Code, relating to weapons. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 1363, as introduced, Wilk. Personal safety devices. |
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| 27 | 27 | | |
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| 28 | 28 | | 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. |
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| 30 | 30 | | 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. |
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| 31 | 31 | | |
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| 32 | 32 | | 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. |
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| 33 | 33 | | |
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| 34 | 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. |
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| 35 | 35 | | |
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| 36 | 36 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 39 | 39 | | |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | 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 Devices23060. (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 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. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | 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 Devices23060. (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. |
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| 50 | 50 | | SECTION 1. Division 12 (commencing with Section 23060) is added to Title 3 of Part 6 of the Penal Code, to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | DIVISION 12. Personal Safety Devices23060. (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. |
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| 56 | 56 | | DIVISION 12. Personal Safety Devices23060. (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. |
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| 58 | 58 | | DIVISION 12. Personal Safety Devices |
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| 60 | 60 | | DIVISION 12. Personal Safety Devices |
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| 62 | 62 | | 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. |
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| 66 | 66 | | 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. |
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| 68 | 68 | | (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. |
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| 70 | 70 | | (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. |
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| 72 | 72 | | (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. |
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| 74 | 74 | | 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. |
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| 76 | 76 | | 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. |
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| 78 | 78 | | 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. |
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| 80 | 80 | | ### SEC. 2. |
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