Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1099

Introduced by Senator Moorlach

February 13, 2018

An act relating to peace officer training. An act to add Section 17511 to the Penal Code, relating to weapons.


LEGISLATIVE COUNSEL'S DIGEST


SB 1099, as amended, Moorlach. Peace officer training: unlawful assemblies. Weapons: possession.
Existing law makes it a misdemeanor for a person engaged in labor picketing, or other informational activities in a public place relating to a concerted refusal to work, to carry a concealed firearm, loaded firearm, or deadly weapon.
This bill would prohibit a person attending or participating in any demonstration, rally, protest, picket line, or public assembly from carrying or possessing specified items, including, among other things, firearms, baseball bats, or lengths of wood or lumber exceeding specified dimensions. The bill would make a violation of these provisions a misdemeanor. By creating a new crime, this bill would create 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.

Existing state law creates the Commission on Peace Officer Standards and Training that, among other things, establishes levels of standards and training for peace officers, as specified. Existing law requires the commission to implement courses of training related to various topics applicable to peace officers.

This bill would express the intent of the Legislature to enact legislation that would create standard policies for police response to unlawful assemblies.

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

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


SECTION 1.

 Section 17511 is added to the Penal Code, to read:

17511.
 (a) A person shall not carry or possess the following items or articles while attending or participating in any demonstration, rally, protest, picket line, or public assembly:
(1) Any length of lumber, wood, or wood lath. This paragraph shall not apply if both ends of the lumber, wood, or wood lath are blunt and the object is one-quarter inch or less in thickness and two inches or less in width, or, if not generally rectangular in shape, the object does not exceed three-quarter inches in its thickest dimension.
(2) Any length of metal or plastic pipe, whether hollow or solid. This paragraph shall not apply to hollow plastic piping if both ends of the piping are blunt and the piping does not exceed three-quarter inches in its thickest dimension and does not exceed one-eighth inch in wall thickness, and not filled with any material, liquid, gas, or solid, if used solely to support a sign, banner, placard, puppet or other similar expressive display.
(3) Any signs, posters, banners, plaques, or notices, whether or not mounted on a length of material permitted under paragraphs (1) or (2), unless that sign, poster, banner, plaque, or notice is constructed solely of soft material such as cloth, paper, soft plastic capable of being rolled or folded, or cardboard material no greater than one-quarter of an inch in thickness.
(4) Baseball or softball bats, regardless of composition or size. This paragraph shall not apply to items configured of cloth, cardboard, soft plastic, foam, or paper for expressive purposes.
(5) Any aerosol spray, tear gas, mace, pepper spray, or bear repellant.
(6) Any projectile launcher or other device, such as a catapult or wrist rocket, which is commonly used for the purpose of launching, hurling, or throwing any object, liquid, material, or other substance, whether through force of air pressure, spring action, or any other mechanism.
(7) Weapons such as firearms, knives, swords, sabers, or other bladed devices, axes, hatchets, ice picks, razor blades, box cutters, pellet or BB guns, conducted electrical weapons, including, but not limited to, tasers or stun guns, or any chain greater than twenty inches in length or greater than one-quarter inch in diameter, or any toy or replica firearms unless that toy or replica is fluorescent-colored or transparent.
(8) Balloons, bottles, or any other container such as water cannons or super soakers, filled with any flammable, biohazard or other noxious matter which is injurious, or nauseous, sickening, or irritating to any of the senses, with intent to throw, drop, pour, disperse, deposit, release, discharge, or expose the matter in, upon, or about any demonstration, rally, protest, picket line, or public assembly.
(9) Glass bottles, regardless of whether they are empty or filled.
(10) Open flame torches, lanterns, or other devices that utilize combustible materials such as gasoline, kerosene, propane, or other fuel sources.
(11) Shields made of metal, wood, hard plastic, or any combination thereof.
(12) Bricks, rocks, pieces of asphalt, concrete, pellets or ball bearings.
(b) This section shall only apply if the person, after being warned, refuses to dispose of the item or leave the demonstration, rally, protest, picket line, or public assembly.
(c) This section does not apply to a cane, walker, or other device necessary for providing mobility so that the person may participate in a public protest, demonstration, rally, picket line, or public assembly.
(d) This section does not preclude prosecution under any other law.
(e) A violation of this section shall be punishable as a misdemeanor.

SEC. 2.

  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.
SECTION 1.

It is the intent of the Legislature to enact legislation which creates standard policies for police response to unlawful assemblies.