Today's Law As Amended


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AB-2709 Crimes: balloons.(2015-2016)



As Amends the Law Today


SECTION 1.

 Section 653.1 of the Penal Code is amended to read:

653.1.
 (a) A person shall not sell or distribute any balloon that is constructed of electrically conductive material, and filled with a gas lighter than air without:
(1) Affixing an object of sufficient weight to the balloon or its appurtenance to counter the lift capability of the balloon.
(2) Affixing a statement on the balloon, or ensuring that a statement is so affixed, that warns the consumer about the risk if the balloon comes in contact with electrical power lines.
(3) A printed identification of the manufacturer of the balloon.
(b) A person shall not sell or distribute any balloon filled with a gas lighter than air that is attached to an electrically conductive string, tether, streamer, or other electrically conductive appurtenance.
(c) A person shall not sell or distribute any balloon that is constructed of electrically conductive material and filled with a gas lighter than air and that is attached to another balloon constructed of electrically conductive material and filled with a gas lighter than air.
(a) (d)  No A  person or group shall not  release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, air  as part of a public or civic event, promotional activity, or product advertisement.
(b) (e)  Any person who violates this section shall be  subdivision (a), (b), (c), or (d) is  guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates this section  subdivision (a), (b), (c), or (d)  who has been previously convicted twice of violating this section shall be  subdivision (a), (b), (c), or (d) is  guilty of a misdemeanor.
(c) (f)  This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.
(g) This section shall remain in effect only until January 1, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2018, deletes or extends that date.

SEC. 2.

 Section 653.1 is added to the Penal Code, to read:

653.1.
 (a) A person shall not sell or distribute any balloon that is constructed of electrically conductive material or any balloon that is attached to an electrically conductive string, tether, streamer, or other electrically conductive material.
(b) A person or group shall not release, outdoors, balloons made of electrically conductive material.
(c) Any person who violates subdivision (a) is guilty of an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). Any person who violates subdivision (a) who has been previously convicted of violating subdivision (a) shall be guilty of a misdemeanor.
(d) Any person who violates subdivision (b) is guilty of an infraction punishable by a fine not exceeding two hundred fifty dollars ($250).
(e) This section shall not apply to manned hot air balloons, balloons used in governmental or scientific research projects, or any balloons that are not designed to be buoyant in ambient air when filled with any gas.
(f) This section shall become operative on January 1, 2018.
SEC. 3.
 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.