Today's Law As Amended


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AB-476 Fireworks.(2007-2008)



As Amends the Law Today


SECTION 1.

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

12700.
 (a)  Except as provided in Section 12702 and subdivision (b), a  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 one two  thousand dollars ($1,000) or ($2,000) nor  more than two five  thousand dollars ($2,000), ($5,000),  or by imprisonment in the a  county jail for not exceeding one year, or by both that fine and imprisonment.
(b) A person who violates any provision of this part, or any regulations issued pursuant to this part, by possessing dangerous fireworks shall be subject to the following:
(1) A person who possesses a gross weight, including packaging, of less than 25 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one thousand dollars ($1,000) or more than two thousand dollars ($2,000), or by imprisonment in the county jail for not exceeding one year, or both that fine and imprisonment. Upon a second or subsequent conviction, a person shall be punished by a fine of not less than two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year or by both that fine and imprisonment.
(2) A person who possesses a gross weight, including packaging, of not less than 25 pounds or more than 100 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not less than two thousand dollars ($2,000) or more than ten thousand dollars ($10,000), or by both that fine and imprisonment.
(3) A person who possesses a gross weight, including packaging, of not less than 100 pounds or more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or a county jail for not more than one year, or by a fine of not less than ten thousand dollars ($10,000) or more than twenty thousand dollars ($20,000), or by both that fine and imprisonment.
(4) A person who possesses a gross weight, including packaging, of more than 5,000 pounds of unaltered dangerous fireworks, as defined in Section 12505, is guilty of a public offense, and upon conviction shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or a county jail for not more than one year, or by a fine of not less than twenty thousand dollars ($20,000) or more than one hundred thousand dollars ($100,000), or by both that fine and imprisonment.
(c) Subdivision (b) shall not apply to a person who holds and is operating within the scope of a valid license as described in Section 12516 or valid permit as described in Section 12522.

SEC. 2.

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

12702.
 Notwithstanding the provisions of  Section 12700:
(a)  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 subdivision (b) of  Section 12700.
(b)  Upon a any  second or subsequent conviction of the offense, the person shall be punished by an additional fine of ten thousand dollars ($10,000), or  the penalties of a fine of not less than two thousand dollars ($2,000) nor more than five thousand dollars ($5,000) and  by imprisonment in a county jail for up to one year or by both that fine and imprisonment.  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 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.