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HomeMy WebLinkAboutNB 5 AB2023 STATUS RPT 02-05-90DATE: TO: FROM: r r 1 January 30, 1990 William A. Huston, City Manager Administrative Services Department SUBJECT: AB2023 STATUS REPORT RECOMMENDATION: Receive and file. DISCUSSION: NEW BUSINESS N0. 5 2-5-90 Inter - Com Council requested a status report on subject legislation. After extensive amendments, Assemblyman Ferguson's bill passed the Assembly January 29, 1990, and is now in the Senate. It will probably be referred to the Senate Judiciary Committee. Details regarding the legislation's history and a copy of the amended text are attached. Royleen A. White, Director Community and Administrative Services RAW:kd Attachments CA AB 2023 AUTHOR: arguson TITLE: Crimes LOCATION: SENATE SUMMARY: Prohibits the sale of harmful matter, as defined, which contains those specified photographs or pictorial representations, through coin-operated vending machines, which are not supervised by an adult and which are located in a public place, other than a public place from which minors are excluded, or any other vending machine which is not designed to restrict access to minors and which is located in a puublic place, other than a public place from which minors are excluded. STATUS: 03/10/89 INTRODUCED. 03/27/89 To ASSEMBLY Committee on PUBLIC SAFETY. 04/13/89 From ASSEMBLY Committee on PUBLIC SAFETY with author's amendments. Read second time. Amended. Re-referred to Committee. 05/02/89 From ASSEMBLY Committee on PUBLIC SAFETY: Failed passage. Reconsideration granted. 01/03/90 From ASSEMBLY Committee on PUBLIC SAFETY with author's amendments. Read second time and amended. Re-referred to Committee. 01/09/90 From ASSEMBLY Committee on PUBLIC SAFETY: Do pass. Re-referred to Committee on WAYS AND MEANS. 01/18/90 In ASSEMBLY. Joint Rule 61 suspended. 01/24/90 From ASSEMBLY Committee on WAYS AND MEANS: Do pass as amended. 01/29/90 In ASSEMBLY. Rules suspended. Read second time. To third reading. Read third time. Passed ASSEMBLY. *****To SENATE. In bill text, brackets have special meaning: < > contains added text, and [ ] contains deleted text. CA AB 2023 01/30/90 Page 1 AMENDED IN ASSEMBLY JANUARY 29, 1990 AMENDED IN ASSEMBLY JANUARY 31 1990 AMENDED IN ASSEMBLY APRIL 13, 1989 ASSEMBLY BILL No. 2023 Introduced by Assembly Members Ferguson, Allen, Bader, Baker, Bradley, Chacon, Condit, Eaves, Filante, Frazee, Hansen, Harvey, Johnson, La Follette, Leslie, Nolan, Pringle, Seastrand, Statham, Woodruff, and Wyman (Coauthors: Senators Doolittle, Cecil Green, Kopp, Nielsen, and Russell) March 10, 1989 An act to amend[ Section 313.1]< Sections 313.1 and 313.4> of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST AB 2023, as amended, Ferguson. Crimes. Existing law provides that any person who knowingly displays, sells, or offers to sell, in any coin -or slug -operated vending machine or mechanically or electronically controlled vending machine which is located in a public place, other than a public place from which minors are excluded, any harmful matter displaying to the public view photographs or pictorial representations of the commission of specified sexual acts or a photograph of a sexual organ, as specified, is guilty of a misdemeanor. [This] < This> bill would also prohibit the< knowing display or> sale of<, > < or the offering to sell,> harmful matter, as defined, which contains [ those] specified photographs or pictorial representations, through coin-operated vending machines which are not supervised by an adult and which are located in a public place, other than a public place from which minors are excluded, or any other vending machine which is )t designed to restrict access to minors and which is located in a _sblic place, other than a public place from which minors are excluded. Thus, the bill would impose a state -mandated local program by creating new crimes. < The bill would also make a conforming change.> CA AB 2023 01/30/90 Page 2 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. vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: [ SECTION 1. Section 313.1 of the Penal Code is] < SECTION 1. Section 313.1 of the Penal Code is amended to read:> 313.1. (a) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly sells, rents, distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any =eans, including, but not limited to, live or recorded telephone .ssages, any harmful matter to the minor shall be punished as .,pecified in Section 313.4. It does not constitute a violation of this section for a telephone corporation, as defined by Section 234 of the Public Utilities Code, to carry or transmit messages described in this chapter or perform related activities in providing telephone services. (b) Every person who misrepresents himself< or herself> to be the parent or guardian of a minor and thereby causes the minor to be admitted to an exhibition of any harmful matter shall be punished as specified in Section 313.4. (c) Any person who knowingly displays, sells, or offers to sell in any coin -.or slug -operated vending machine or mechanically or electronically controlled vending machine which is located in a public place, other than a public place from which minors are excluded, any harmful matter displaying to the public view photographs or pictorial representations of the commission of any of the following acts shall be punished as specified in Section 313.4: sodomy, oral copulation, sexual intercourse, masturbation, bestiality, or a photograph of an exposed penis in an erect and turgid state. (d) <Any person who knowingly displays, sells, or offers to sell in> < any coin-operated vending machine which is not supervised by an adult > id which is located in a public place, other than a public place from> aich minors are excluded, or any other vending machine which is not > < designed to restrict access to minors and which is located in a public> < place, other than a public place from which minors are excluded, any > < harmful matter, as defined in subdivision (a) of Section 313, which > < contains photographs or pictorial representations of the commission of> CA AB 2023 01/30/90 Page 3 � _pie acts of sodomy, oral copulation, sexual intercourse, masturbation,> < or bestiality, or which contains a photograph of an exposed penis in > < an erect and turgid state or of the lewd exhibition of female > < genitalia, is guilty of a misdemeanor.> < (e) >Nothing in this section invalidates or prohibits the adoption of an ordinance by a city, county, or city and county which restricts the display of material which is harmful to minors, as defined in this chapter, in a public place, other than a public place from which minors are excluded, by requiring the placement of devices commonly known as blinder racks in front of the material, so that the lower two-thirds of the material is not exposed to view. (e) ] < (f) >Any person who sells or rents video recordings of harmful matter shall create an area within his or her business establishment for the placement of video recordings of harmful matter. This area �� shall be labeled adults only. The failure to create and label the area is an infraction, and is punishable by a fine not to exceed one hundred dollars ($100). The failure to place a video recording, regardless of its content, in this area shall not constitute an infraction. This subdivision shall not apply to public libraries as defined in Section 18710 of the Education Code. (f) ] < (g) >It shall be a defense in any prosecution for a violation of subdivision (a) by a person who knowingly distributed any harmful matter by the use of telephones or telephone facilities to any person under the age of 18 years that the defendant has taken either of the following measures to restrict access to the harmful matter by persons under 18 years of age: (1) Required the person receiving the harmful matter to use an authorized access or identification code, as provided by the information provider, before transmission of the harmful matter begins, where the defendant has previously issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was 18 years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of 18 years or that the code is no longer desired. (2) Required payment by credit card before transmission of the matter. (g) ] (h) >Any list of applicants or recipients compiled or maintained by .A information -access service provider for purposes of compliance with paragraph (1) of subdivision (f) is confidential and shall not be sold or otherwise disseminated except upon order of the court. < SEC. 2. Section 313.4 of the Penal Code is amended to read:> CA AB 2023 01/30/90 Page 4 313.4. Every person who violates Section 313.1, other than subdivision[ (e)]< (f)>, is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. However, if the person has been previously convicted of a violation of Section 313.1, other than subdivision (e), or of any section of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code, the person shall be punished by imprisonment in the state prison. [ amended to read: ] [ 313.1. (a) Every person who, with knowledge that a person is a ] [ minor, or who fails to exercise reasonable care in ascertaining the ] [ true age of a minor, knowingly distributes, sends, causes to be sent, ] [ exhibits, or offers to distribute or exhibit by any means, including, ] [ but not limited to, live or recorded telephone messages, any harmful ] [ matter to the minor is guilty of a misdemeanor. ] [ It does not constitute a violation of this section for a telephone ] [ corporation, as defined by Section 234 of the Public Utilities Code, ] [ to carry or transmit messages described in this chapter or perform ] [ related activities in providing telephone services. ] [ (b) Every person who misrepresents himself to be the parent or ] !ardian of a minor and thereby causes the minor to be admitted to an ] _xhibition of any harmful matter is guilty of a misdemeanor. ] (c) Any person who knowingly displays, sells, or offers to sell in ] any coin- or slug -operated vending machine or mechanically or ] electronically controlled] [vending machine which is located in a ] public place, other than a public place from which minors are ] excluded, any harmful matter displaying to the public view photographs] or pictorial representations of the commission of any of the following] acts is guilty of a misdemeanor: sodomy, oral copulation, sexual ] intercourse, masturbation, bestiality, or a photograph of an exposed ] penis in an erect and turgid state. ] (d) Any person who knowingly displays, sells, or offers to sell in ] any coin-operated vending machine which is not supervised by an adult ] and which is located in a public place, other than a public place from] which minors are excluded, or any other vending machine which is not ] designed to restrict access to minors and which is located in a public] place, other than a public place from which minors are excluded, any ] harmful matter, as defined in subdivision (a) of Section 313, which ] contains photographs or pictorial representations of the commission of] any of the following acts is guilty of a misdemeanor: sodomy, oral ] copulation, sexual intercourse, masturbation, bestiality, or a ] photograph of an exposed penis in an erect and turgid state.] (e) Nothing in this section invalidates or prohibits the adoption ] L f an ordinance by a city, county, or city and county which restricts ] [ the display of material which is harmful to minors, as defined in this] [ chapter, in a public place, other than a public place from which ] [ minors are excluded, by requiring the placement of devices commonly ] [ known as blinder racks in front of the material, so that the lower ] CA AB 2023 01/30/90 Page 5 L jo-thirds of the material is not exposed to view. ] [ (f) It shall be a defense in any prosecution for a violation of ] [ subdivision (a) by a person who knowingly distributed any harmful ] [ matter by the use of telephones or telephone facilities to any person ] [ under the age of 18 years that the defendant has taken either of the ] [ following measures to restrict access to the harmful matter by persons] [under 18 years of age: ] (1) Required the person receiving the harmful matter to use an ] authorized access or identification code, as provided by the ] information provider, before transmission of the harmful matter ] begins, where the defendant has previously issued the code by mailing ] it to the applicant after taking reasonable measures to ascertain that] the applicant was 18 years of age or older and has established a] [procedure to immediately cancel the code of any person after ] receiving notice, in writing or by telephone, that the code has been ] lost, stolen, or used by persons under the age of 18 years or that the] code is no longer desired. ] [ (2) Required payment by credit card before transmission of the ] [ matter. ] [ (g) Any list of applicants or recipients compiled or maintained by ] [_an information -access service provider for purposes of compliance with] ragraph (1) of subdivision (f) is confidential and shall not be sold] L otherwise disseminated except upon order of the court.] SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. END OF REPORT