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AB-582 Retailers: sale of agricultural products: grown in California requirement: exception.(2019-2020)

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Date Published: 06/17/2020 09:00 PM
AB582:v96#DOCUMENT

Amended  IN  Senate  June 17, 2020
Amended  IN  Assembly  January 06, 2020
Amended  IN  Assembly  March 13, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 582


Introduced by Assembly Members Eduardo Garcia, Gipson, and Patterson Member Eduardo Garcia
(Coauthors: Assembly Members Flora, Gallagher, Lackey, Arambula, Bigelow, Gray, and Mathis)(Coauthors: Senators Bates, Borgeas, and Morrell)

February 14, 2019


An act to amend Section 20001 of the Vehicle Code, relating to vehicles. An act to add Chapter 8 (commencing with Section 58597) to Part 1 of Division 21 of the Food and Agricultural Code, relating to agricultural products.


LEGISLATIVE COUNSEL'S DIGEST


AB 582, as amended, Eduardo Garcia. Vehicle accidents: fleeing the scene of an accident. Retailers: sale of agricultural products: grown in California requirement: exception.
Existing law requires all California state-owned or state-run institutions, except public universities and colleges and school districts, to purchase agricultural products grown in California when the bid or price of the California-grown agricultural product does not exceed by more than 5% the lowest bid or price for an agricultural product produced outside the state and the quality of the products are comparable. Existing law establishes within the Department of Food and Agriculture a public and private collaboration known as the “Buy California Program” to encourage consumer nutritional and food awareness and to foster purchases of high-quality California agricultural products.
This bill would prohibit a retailer, as defined, from selling an agricultural product, as defined, to the general public unless the agricultural product is grown in the state. The bill would authorize a retailer to sell an agricultural product to the general public that is not grown in the state if the agricultural product is not available from farms located in the state. The bill would provide that a violation of these provisions is not subject to criminal penalty.

Existing law requires the driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person to immediately stop the vehicle at the scene of the accident and provide specified personal information to the injured person or the occupants of the other vehicle and to any traffic or police officer at the scene of the accident.

Under existing law, if a vehicle accident results in permanent, serious injury or death, a person who violates the requirement to stop is subject to punishment by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not less than 90 days nor more than one year, or by a specified fine, or both the imprisonment and fine. Existing law authorizes the court, in the interests of justice and for other reasons stated in the record, to reduce or eliminate the minimum imprisonment or fine requirements.

This bill would instead make a person who fails to immediately stop, as required, at the scene of an accident that resulted in a permanent, serious injury subject to punishment by imprisonment in a state prison for 2, 3, or 4 years, or in county jail for not less than 90 days nor more than one year, and a specified fine, and if the accident resulted in death, the person who violated those requirements would be punishable by imprisonment in a state prison for 3, 4, or 6 years, or in county jail for not less than 90 days nor more than one year, and a specified fine.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Chapter 8 (commencing with Section 58597) is added to Part 1 of Division 21 of the Food and Agricultural Code, to read:
CHAPTER  8. Retail Sellers of Agricultural Products

58597.
 (a) (1) Except as provided in paragraph (2), a retailer shall not sell an agricultural product to the general public unless the agricultural product is grown in the state.
(2)  A retailer may sell an agricultural product to the general public that is not grown in the state if the agricultural product is not available from farms located in the state.
(b) For purposes of this section, the following definitions apply:
(1) “Agricultural product” means a fresh or processed fruit, vegetable, or nut.
(2) “Retailer” means a person that purchases or acquires an agricultural product for resale at retail to the general public for consumption off the premises.
(c) A violation of this section is not subject to criminal penalty.

SECTION 1.

This act shall be known, and may be cited as, Gavin’s Law.

SEC. 2.Section 20001 of the Vehicle Code is amended to read:
20001.

(a)The driver of a vehicle involved in an accident resulting in injury to a person, other than that driver, or in the death of a person shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 and 20004.

(b)(1)If the accident described in subdivision (a) results in injury, other than a permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison, or in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that imprisonment and fine.

(2)If the accident described in subdivision (a) results in permanent, serious injury, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for two, three, or four years, or in county jail for not less than 90 days nor more than one year, and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

(3)Except as provided in subdivision (c), if the accident described in subdivision (a) results in death, a person who violates subdivision (a) shall be punished by imprisonment in the state prison for three, four, or six years, or in county jail for not less than 90 days nor more than one year, and by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000). However, the court, in the interests of justice and for reasons stated in the record, may reduce or eliminate the minimum imprisonment required by this paragraph.

(4)In imposing the minimum fine required by this subdivision, the court shall take into consideration the defendant’s ability to pay the fine and, in the interests of justice and for reasons stated in the record, may reduce the amount of that minimum fine to less than the amount otherwise required by this subdivision.

(c)A person who flees the scene of the crime after committing a violation of Section 191.5 of, or paragraph (1) of subdivision (c) of Section 192 of the Penal Code, upon conviction of any of those sections, in addition and consecutive to the punishment prescribed, shall be punished by an additional term of imprisonment of five years in the state prison. This additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. The court shall not strike a finding that brings a person within the provisions of this subdivision or an allegation made pursuant to this subdivision.

(d)As used in this section, “permanent, serious injury” means the loss or permanent impairment of function of a bodily member or organ.