CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 216

Introduced by Assembly Member Ramos

January 11, 2021

An act to add Section 366 to the Penal Code, relating to peace officers.


LEGISLATIVE COUNSEL'S DIGEST


AB 216, as introduced, Ramos. Peace officers: firearms: establishment serving the public.
Existing law makes it a misdemeanor for an innkeeper or common carrier of passengers to refuse to receive or entertain any guest or to refuse to receive or carry any passenger without just cause or excuse. Existing law makes it a misdemeanor to deny admittance to accommodations to a blind, deaf, or disabled person and that person’s specially trained guide dog, signal dog, or service dog.
This bill would make it unlawful for an establishment serving the public to prohibit or otherwise restrict a peace officer from carrying a weapon on the establishment’s premises that the peace officer is authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties while carrying the weapon. The bill would make a first offense punishable as an infraction by a fine not exceeding $500, and as a misdemeanor for a 2nd or subsequent violation, punishable by imprisonment in a county jail not exceeding 6 months, by a fine not exceeding $1,000, or by both that fine and imprisonment. By creating a new crime, this bill would impose 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 366 is added to the Penal Code, to read:

366.
 (a) It is unlawful for an establishment serving the public to prohibit or otherwise restrict a peace officer from carrying a weapon on the establishment’s premises that the peace officer is otherwise authorized to carry, regardless of whether the peace officer is engaged in the actual discharge of the officer’s duties while carrying the weapon.
(b) A violation of subdivision (a) is an infraction for a first offense, punishable by a fine not to exceed five hundred dollars ($500). A second or subsequent violation of subdivision (a) is a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Peace officer” means any peace officer made exempt from the prohibition on carrying a concealed firearm by Section 25450.
(2) “Establishment serving the public” means any of the following:
(A) A hotel, motel, or other place of lodging.
(B) A restaurant or other place where food is offered for sale to the public.
(C) A retail business or other commercial establishment or event, including, but not limited to, an exhibition, show, fair, festival, display, or other similar event that is accessible by members of the public.
(D) An office building to which the general public is invited.
(E) A sports venue. For purposes of this section, a “sports venue” means an arena, coliseum, stadium, or other type of facility that is primarily used or is planned for primary use for one or more professional or amateur sports or athletic events and for which a fee is charged or is planned to be charged for admission to the sports or athletic event, other than occasional civic, charitable, or promotional events.
(F) Any other place of public accommodation, amusement, convenience, or resort to which the general public or any classification of persons from the general public is regularly, normally, or customarily invited.

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.