Bill Text: CA AB2121 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 2121 (Prior Session Legislation)

Bill Title: Sex Offenders: parole: disabling monitoring device.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 603, Statutes of 2014. [AB2121 Detail]

Download: California-2013-AB2121-Chaptered.html

BILL NUMBER: AB 2121	CHAPTERED
	BILL TEXT

	CHAPTER  603
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 26, 2014
	PASSED THE SENATE  AUGUST 20, 2014
	PASSED THE ASSEMBLY  AUGUST 21, 2014
	AMENDED IN SENATE  JULY 1, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014

INTRODUCED BY   Assembly Member Gray

                        FEBRUARY 20, 2014

   An act to amend Section 3010.10 of the Penal Code, relating to sex
offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2121, Gray. Sex Offenders: parole: disabling monitoring device.

   Existing law, subject to exceptions, prohibits a person required
to register as a sex offender from removing or disabling an
electronic, global positioning system (GPS), or other monitoring
device, or permitting another to do so, if the device is a condition
of parole. A violation of these provisions requires the parole
authority to revoke the person's parole and to require incarceration
of the person in a county jail for 180 days.
   This bill would recast those provisions to prohibit the person
from removing, disabling, rendering inoperable, or knowingly
circumventing the operation of an electronic, GPS, or other
monitoring system that is required as a condition of parole, or
permitting another person to perform one of those prohibited acts,
except as provided. The bill would additionally require a person who
is required to register as a sex offender as a condition of parole to
report to his or her parole officer within one working day following
release from custody, or as instructed by a parole officer, for the
purpose of affixing an electronic, GPS, or other monitoring device to
his or her person. The bill would provide that parole revocation and
incarceration, as described above, are not mandatory for a violation
of the provisions requiring reporting to a parole officer if the
parole authority finds that in the interests of justice those
penalties are not appropriate in the particular case.
   By expanding the scope of provisions that, if violated, require
incarceration in local jail facilities, 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3010.10 of the Penal Code is amended to read:
   3010.10.  (a) A person who is required to register as a sex
offender pursuant to Section 290 as a condition of parole shall
report to his or her parole officer within one working day following
release from custody, or as instructed by a parole officer to have an
electronic, global positioning system (GPS), or other monitoring
device affixed to his or her person.
   (b) A person who is required to register as a sex offender
pursuant to Section 290 shall not remove, disable, render inoperable,
or knowingly circumvent the operation of, or permit another to
remove, disable, render inoperable, or knowingly circumvent the
operation of, an electronic, GPS, or other monitoring device affixed
to his or her person as a condition of parole, when he or she knows
that the device was affixed as a condition of parole.
   (c) (1) This section does not apply if the removal, disabling,
rendering inoperable, or circumvention of the electronic, GPS, or
other monitoring device is performed by a physician, emergency
medical services technician, or by any other emergency response or
medical personnel when doing so is necessary during the course of
medical treatment of the person subject to the electronic, GPS, or
other monitoring device.
   (2) This section does not apply if the removal, disabling,
rendering inoperable, or knowingly circumventing the operation of the
electronic, GPS, or other monitoring device is authorized or
required by a court, or by the law enforcement, probation, parole
authority, or other entity responsible for placing the electronic,
GPS, or other monitoring device upon the person, or that has, at the
time, the authority and responsibility to monitor the electronic,
GPS, or other monitoring device.
   (d) Unless the parole authority finds that in the interests of
justice it is not appropriate in a particular case, upon a violation
of subdivision (a), the parole authority shall revoke the person's
parole and require that he or she be incarcerated in a county jail
for 180 days.
   (e) Upon a violation of subdivision (b), the parole authority
shall revoke the person's parole and require that he or she be
incarcerated in a county jail for 180 days.
  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.