BILL ANALYSIS
AB 293
Page 1
Date of Hearing: April 6, 1999
Chief Counsel: Harry M. Dorfman
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mike Honda, Chair
AB 293 (Wesson) - As Amended: April 5, 1999
SUMMARY : Makes it a misdemeanor to sell a laser pointer to a
minor, aim a laser pointer at specified uniformed persons (e.g.,
a uniformed police officer), or direct the beam into another
person's eyes, an animal's eyes, or into a moving vehicle.
Specifically, this bill :
1)Prohibits selling a laser pointer to a person under age 18,
unless that minor is accompanied by a parent, guardian, or
other person 18 years of age or older.
2)Prohibits a person under 18 years of age from possessing a
laser pointer, unless accompanied by a parent, guardian, or
other person 18 years of age or older, or except as necessary
for a valid instructional or school-related purpose on school
premises.
3)Provides that no person possess a laser pointer on any school
premises unless such possession is for a valid instructional
or other school-related purpose, including employment.
4)Defines laser pointer as "any hand held laser beam device or
demonstration product that emits light amplified by the
stimulated emission of radiation that is visible to the human
eye."
5)Prohibits aiming or directing a laser pointer, for the purpose
of intimidating, harassing, or distracting, at the following
people:
a) A uniformed police officer;
b) A uniformed security guard;
c) A uniformed school safety officer;
d) A uniformed traffic enforcement officer;
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e) A uniformed member of a paid or volunteer fire
department;
f) A uniformed emergency medical technician;
g) A uniformed mobile intensive care paramedic, or other
uniformed city, state, or federal peace officer,
investigator or emergency service worker; and,
h) The marked service vehicle used by any of the above
individuals.
6)Prohibits any person from directing the beam from a laser
pointer directly or indirectly into another person's eyes, an
animal's eyes, or into a moving vehicle with the intent to
harass or annoy the person, animal, or occupants of the moving
vehicle.
7)A first violation of #1, #2 or #3 above is punishable by a $50
fine or four hours of community service. A second or
subsequent violation is punishable by a $100 fine or eight
hours of community service.
8)A first violation of #2 or #3 above is an infraction, and a
second or subsequent violation of #2 or #3 above is a
misdemeanor, punishable by up to six months in jail, a $1,000
fine, or both.
EXISTING LAW:
1)Provides that any person who "willfully and maliciously
discharges a laser at an aircraft, whether in motion or in
flight, while occupied, is guilty of? a misdemeanor?or a
felony." (Penal Code Section 247.5.)
2)Defines "laser" to be "a device that utilizes the natural
oscillations of atoms or molecules between energy levels for
generating coherent electromagnetic radiation in the
ultraviolet, visible, or infrared region of the spectrum, and
when discharged exceeds one milliwatt continuous wave."
(Penal Code Section 247.5.)
3)Makes it a misdemeanor to shine a light or other bright device
at an aircraft with the intent to interfere with the aircraft.
(Penal Code Section 248.)
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4)Makes it a misdemeanor to draw or exhibit a laser scope that
projects a colored target on a person, with the specific
intent to cause a reasonable person apprehension of fear of
bodily harm. (Penal Code Section 417.25.)
5)Every person who has charge or custody of an animal, as an
owner or otherwise, and who subjects the animal to needless
suffering or inflicts unnecessary cruelty upon the animal, or
in any manner abuses the animal, is guilty of an alternate
misdemeanor/felony. A misdemeanor violation is punishable by
up to six months in jail, or a $20,000 fine, or both; a felony
violation is punishable by 16 months, 2 or 3 years in prison,
a $20,000 fine, or both. (Penal Code Section 597(b).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement. According to the author, "Current law
does not adequately address the new health and public safety
concerns created by the growing number of cheap laser pointers
being purchased by minors.
"Once primarily used as high-priced lecture aids in board
rooms and at conferences, laser pointers have become
inexpensive enough that nearly anybody can afford them. At
between $5 to $20 per piece, cheap laser pointers are
increasingly being purchased by minors to annoy and distract
people in a game called "spotting." While "spotting" at
sporting events, film shoots, and movie theaters appears to be
nothing more than a humorous nuisance, there are potentially
more serious consequences. For example, laser pointers can
cause temporary blindness, creating particularly dangerous
situations for individuals driving motor vehicles or operating
heavy machinery. In addition, the beam of light emitted from
a laser pointer is essentially the same as the beam emitted by
a firearm's laser sighting.
"Current law prohibits aiming a laser at an aircraft, in
motion or in flight. Current law also prohibits aiming a
firearm's laser scope at another person in a threatening
manner. However, these two laws do not adequately address the
growing health and public safety concerns associated with
cheap laser pointers and their potential misuse. AB 293 will
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address these concerns by limiting minors' access to laser
pointers and restricting their use in hazardous manners, while
allowing them to be used for the original purpose for which
they are designed."
2)Is "Laser Pointer" as Defined Consistent with the Definition
of "Laser Pointer" in AB 221 (Wildman) and the Definition of
"Laser" in Penal Code Section 247.5? Consistent definitions
avoid interpretation issues when the courts search for
statutory ambiguities during litigation. "Laser pointer" as
defined appears to be a sub-set of "Laser" as defined in Penal
Code Section 247.5. However, the definition in this bill
differs from the definition used in AB 221 ("any hand held
laser beam device or demonstration laser product that emits a
single point of light amplified by the stimulated emission of
radiation that is visible to the human eye"), heard by this
Committee on March 23, 1999. These definitions should be
harmonized by adding "a single point of" to the definition of
"laser pointer" in this bill.
3)Does the Definition of "Laser Pointer" Need to Exclude
"Entertainment Lasers" Which May Not Pose Any of the Risks
Addressed by the Bill? Megapower Technologies, based out of
Carlsbad, has pointed out that "entertainment lasers" are now
on the market which project a pattern rather than a point.
Therefore, these products cannot be mistaken for a laser
sight, but this bill's broad language may include such
innocuous entertainment products in its prohibitions.
Further, the bill could define that the laser pointer must
project the beam of light in a point no larger than a
specified diameter rather than a pattern or picture. This
change would protect legitimate interests of entertainment
laser manufacturers. The author may wish to consider such
amendments.
4)18-Year-Olds Can Be Trusted to Monitor 17-Year-Olds? This
bill allows a youth under age 18 to buy or possess a laser
pointer if accompanied by a parent, guardian, or person age 18
or older. Experience teaches that many 18-year-olds are not
much more mature than their 17-year-old associates. A
mischievous or malicious 17-year-old will not get much
supervision from his 18-year-old colleague. Then again,
determined youths will get their hands on laser pointers
somehow, but the preventive aim of the bill is advanced if
parents or guardians are the only ones whose supervision
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enables a minor to buy or possess a laser pointer.
5)The Protection Given to Animals May be Necessary. This bill
forbids directing the beam from a laser pointer into an
animal's eyes with the intent to harass or annoy the animal.
No material has been presented to demonstrate that animals
have been made to suffer in this fashion routinely.
Nevertheless, some children or adults will shine lights and
beams in the eyes of dogs, cats or other pets; seeing eye
dogs; police dogs; racehorses; zoo animals; circus animals; or
theme park animals. If the offender owns or has custody of
the animal and torments the animal with a laser, Penal Code
Section 597(b) could apply to such conduct. A person who
torments an animal belonging to another person is not covered
by Penal Code Section 597(b). This bill includes the case
where a stranger shines a laser pointer into the eyes of an
owner's dog or cat with the intent to annoy or harass.
6)Related Legislation. AB 221 makes it a misdemeanor to project
a colored target on a person in a threatening manner with
specific intent to cause a reasonable person apprehension or
fear of bodily harm, punishable up to 30 days in jail.
7)Prior Legislation. AB 2101 (Bowler), Chapter 218, Statutes of
1998, made it illegal to shine "a light or other bright
device" at an aircraft, with the intent to interfere, if the
light is of an intensity capable of interfering with the
aircraft. Prior to AB 2101, law only included helicopters
rather than all aircraft.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Highway Patrolman
California Organization of Police and Sheriffs
Fresno Unified School District
Los Angeles Unified School District
Peace Officers Research Association of California
Sacramento City Unified School District
San Bernardino County Sheriff's Department
San Francisco Unified School District
Opposition
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California Alliance for Consumer Protection
California Attorneys for Criminal Justice
California Public Defenders Association
Region 8 States Council of the United Food and Commercial
Workers
Analysis Prepared by : Harry Dorfman / PUB. S. / (916) 319-3744