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AB-476 Fireworks.(2007-2008)

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AB476:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 476

Introduced  by  Assembly Member De La Torre

February 20, 2007

An act to amend Sections 12700 and 12702 of the Health and Safety Code, relating to fireworks.


LEGISLATIVE COUNSEL'S DIGEST


AB 476, as introduced, De La Torre. Fireworks.
Existing law provides that it is a crime punishable by a fine of not less than $500 nor more than $1,000, or by imprisonment in a county jail not exceeding one year, or by both to violate the State Fireworks Law or the regulations issued pursuant thereto, as specified. Existing law provides that notwithstanding these provisions, any person who violates these provisions by selling, giving, or delivering any dangerous fireworks to a person under 18 years of age is punishable, for a 2nd or subsequent violation, by a fine of not less than $500 nor more than $1,000, or by imprisonment in a county jail not exceeding one year, or by both.
This bill would provide that a violation of the State Fireworks Law is punishable by a fine not exceeding $2,000 nor more than $5,000, imprisonment in a county jail not exceeding one year, or by both. This bill would also provide that a 2nd or subsequent violation involving selling, giving, or delivering any dangerous fireworks to a person under 18 years of age is punishable by a fine not exceeding $2,000 nor more than $5,000, imprisonment in a county jail not exceeding one year, or by both.
This bill would also provide that a motor vehicle used in the transportation of dangerous fireworks without a valid permit or license to transport explosives, is subject to impoundment and storage, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12700 of the Health and Safety Code is amended to read:

12700.
 Except as provided in Section 12702, any person who violates any provision of this part, or any regulations issued pursuant to this part, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) two thousand dollars ($2,000) nor more than five thousand dollars ($5,000), or by imprisonment in the a county jail for not exceeding one year, or by both such that fine and imprisonment.

SEC. 2.

 Section 12702 of the Health and Safety Code is amended to read:

12702.
 Notwithstanding the provisions of Section 12700:
(a)  Any person who violates this part by selling, giving, or delivering any dangerous fireworks to any person under 18 years of age is guilty of a misdemeanor and upon a first conviction shall be punished as prescribed in Section 12700.
(b)  Upon any second or subsequent conviction of the offense, the person shall be punished by the penalties of a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) and by imprisonment in the a county jail for one year. The person shall not be granted probation and the execution of the sentence imposed upon the person shall not be suspended by the court.
(c)  Any person who violates this part involving any dangerous fireworks item, as defined in Section 12505, or any combination of any dangerous fireworks items, having the total net weight of explosive material of 7,500 grains or more, is guilty of a public offense, and upon conviction thereof shall be punished by imprisonment in the state prison, or in the a county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both the fine and imprisonment.
(d) A motor vehicle used in the transportation of dangerous fireworks without a valid permit or license to transport explosives, as applicable, is subject to impoundment and storage at the registered owner’s expense for not less than one day nor more than 30 days. The State Fire Marshal shall, by regulation, establish procedures for the release of impounded vehicles, and the imposition of charges for the removal, impound, storage, and release of the vehicles. The procedures shall permit a registered owner of an impounded vehicle to receive notice of, and request, an expedited postimpoundent hearing before a neutral arbiter at which probable cause for the vehicle seizure shall be established by clear and convincing evidence.