Bill Text: CA AB179 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Contempt: criminal street gangs.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-02-01 - Died pursuant to Art. IV, Sec. 10(c) of the Constitution. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB179 Detail]

Download: California-2011-AB179-Introduced.html

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BILL NUMBER: AB 179	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Gorell and Williams

                        JANUARY 24, 2011

   An act to add Chapter 5 (commencing with Section 653.77) to Title
15 of Part 1 of the Penal Code, relating to electronic monitoring.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 179, as introduced, Gorell. Electronic monitoring: removing or
disabling: offense.
   Existing law provides various programs of in-home detention and
monitoring that include wearing global positioning system (GPS)
devices, as specified. Existing law permits, and with respect to
certain sex offenders requires, the use of electronic monitoring by
county probation departments and the Department of Corrections and
Rehabilitation to electronically monitor the whereabouts of persons
on probation and parole respectively.
   This bill would provide that unauthorized removal, as specified,
of an electronic, GPS, or other monitoring device affixed for
purposes of a criminal sentence, juvenile court disposition, parole,
or probation is an offense punishable by imprisonment in a county
jail for one year, or a $1,000 fine, or both, if the underlying
offense was a misdemeanor, or by imprisonment in the state prison for
16 months, 2 year, or 3 years if the underlying offense is a felony.

   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.
State-mandated local program: yes.


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

  SECTION 1.  Chapter 5 (commencing with Section 653.77) is added to
Title 15 of Part 1 of the Penal Code, to read:
      CHAPTER 5.  DISABLING ELECTRONIC MONITORING DEVICES


   653.77.  (a) Any person who willfully removes or disables an
electronic, global positioning system (GPS), or other monitoring
device affixed to his or her person, or the person of another,
knowing that the device was affixed as a condition of a criminal
sentence, juvenile court disposition, parole, or probation, is guilty
of a public offense.
   (b) (1) Any person subject to an electronic, GPS, or other
monitoring device based on a misdemeanor conviction or a juvenile
adjudication for a misdemeanor offense, who willfully violates
subdivision (a) is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to one year, by a fine of up to
one thousand dollars ($1,000), or both that fine and imprisonment.
   (2) Except as provided in subdivision (e), any person who
willfully removes or disables an electronic, GPS, or other monitoring
device affixed to another person where that device was affixed to
the other person based upon a misdemeanor conviction, or based upon a
juvenile adjudication for a misdemeanor offense, is guilty of a
misdemeanor, punishable by imprisonment in a county jail for up to
one year, by a fine of up to one thousand dollars ($1,000), or both
that fine and imprisonment.
   (c) (1) Any person subject to an electronic, GPS, or other
monitoring device based on a felony conviction, juvenile adjudication
for a felony offense, or terms of parole for a felony offense, who
willfully violates subdivision (a) is guilty of a felony, punishable
by imprisonment in the state prison for 16 months, two year, or three
years.
   (2) Except as provided in subdivision (e), any person who
willfully removes or disables an electronic, GPS, or other monitoring
device affixed to another person where that device was affixed to
the other person based on a felony conviction or a juvenile
conviction for a felony offense is guilty of a felony, punishable by
imprisonment in the state prison for 16 months or three years.
   (d) Nothing in this section shall be construed to prevent
punishment pursuant to any other provision of law that imposes a
greater or more severe punishment, including, but not limited to,
Section 594.
   (e) This section shall not apply to the removal or disabling of an
electronic, GPS, or other monitoring device 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. This section shall also not apply
where the removal or disabling of the electronic, GPS, or other
monitoring device is authorized, or required, by a court of law, 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.
  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.