Bill Text: CA AB2033 | 2011-2012 | Regular Session | Introduced
Bill Title: Arson.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-03-27 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2033 Detail]
Download: California-2011-AB2033-Introduced.html
BILL NUMBER: AB 2033 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 23, 2012
An act to amend Section 457.1 of the Penal Code, relating to
arson.
LEGISLATIVE COUNSEL'S DIGEST
AB 2033, as introduced, Achadjian. Arson.
Existing law requires a convicted arsonist, as specified, to
register with certain local officials in the area in which he or she
resides, and makes it a misdemeanor to fail to register. Existing law
also requires the registering law enforcement agency to forward
certain information about the person to the Department of Justice,
including a signed statement, and the person's fingerprints and
photograph. Under existing law, those statements, photographs, and
fingerprints are not open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
This bill would require the Department of Justice to make all of
these statements, photographs, and fingerprints available to all
chief fire officials of legally organized fire departments or fire
protection districts in the state.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 457.1 of the Penal Code is amended to read:
457.1. (a) As used in this section, "arson" means a violation of
Section 451, 451.5, or 453, and attempted arson, which includes, but
is not limited to, a violation of Section 455.
(b) (1) Every person described in paragraph
paragraphs (2), (3), and (4), for the periods specified
therein, shall, while residing in, or if the person has no residence,
while located in California, be required to, within 14 days of
coming into, or changing the person's residence or location within
any city, county, city and county, or campus wherein the person
temporarily resides, or if the person has no residence, is located:
(A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.
(B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.
(C) In addition to subparagraph (A) or (B) above,
register with the chief of police of a campus of the University of
California, the California State University, or community college
where the person is residing, or if the person has no residence,
where the person is located upon the campus or any of its facilities.
(2) Any person who, on or after November 30, 1994, is convicted in
any court in this state of arson or attempted arson shall be
required to register, in accordance with the provisions of this
section, for the rest of his or her life.
(3) Any person who, having committed the offense of arson or
attempted arson, and after having been adjudicated a ward of the
juvenile court on or after January 1, 1993, is discharged or paroled
from the Department of the Youth Authority
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall be required to register, in accordance with the
provisions of this section, until that person attains the age of 25
years, or until the person has his or her records sealed pursuant to
Section 781 of the Welfare and Institutions Code, whichever comes
first.
(4) Any person convicted of the offense of arson or attempted
arson on or after January 1, 1985, through November 29, 1994,
inclusive, in any court of this state, shall be required to register,
in accordance with the provisions of this section, for a period of
five years commencing, in the case where the person was confined for
the offense, from the date of their release from confinement, or in
the case where the person was not confined for the offense, from the
date of sentencing or discharge, if that person was ordered by the
court at the time that person was sentenced to register as an arson
offender. The law enforcement agencies shall make registration
information available to the chief fire official of a legally
organized fire department or fire protection district having local
jurisdiction where the person resides.
(c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of the Youth
Authority Corrections and Rehabilitation, Division of
Juvenile Facilities, where he or she was confined because of
the commission or attempted commission of arson, shall, prior to the
discharge, parole, or release, be informed of his or her duty to
register under this section by the official in charge of the place of
confinement. The official shall require the person to read and sign
the form as may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to him or her. The official in charge of the place of
confinement shall obtain the address where the person expects to
reside upon his or her discharge, parole, or release and shall report
the address to the Department of Justice. The official in charge of
the place of confinement shall give one copy of the form to the
person, and shall, not later than 45 days prior to the scheduled
release of the person, send one copy to the appropriate law
enforcement agency having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release; one copy to
the prosecuting agency that prosecuted the person; one copy to the
chief fire official of a legally organized fire department or fire
protection district having local jurisdiction where the person
expects to reside upon his or her discharge, parole, or release; and
one copy to the Department of Justice. The official in charge of the
place of confinement shall retain one copy. All forms shall be
transmitted in time so as to be received by the local law enforcement
agency and prosecuting agency 30 days prior to the discharge,
parole, or release of the person.
(d) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
required to register under this subdivision for offenses adjudicated
by a juvenile court attains the age of 25 years or has his or her
records sealed under the procedures set forth in Section 781 of the
Welfare and Institutions Code, whichever event occurs first. This
subdivision shall not be construed to require the destruction of
other criminal offender or juvenile records relating to the case that
are maintained by the Department of Justice, law enforcement
agencies, the juvenile court, or other agencies and public officials
unless ordered by the court under Section 781 of the Welfare and
Institutions Code.
(e) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the probation department
of the county in which he or she has been convicted, and the
probation officer shall require the person to read and sign the form
as may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where
the person expects to reside upon his or her release or discharge and
shall report within three days the address to the Department of
Justice. The probation officer shall give one copy of the form to the
person, and shall send one copy to the appropriate law enforcement
agency having local jurisdiction where the person expects to reside
upon his or her discharge or release, one copy to the prosecuting
agency that prosecuted the person, one copy to the chief fire
official of a legally organized fire department or fire protection
district having local jurisdiction where the person expects to reside
upon his or her discharge or release, and one copy to the Department
of Justice. The probation officer shall also retain one copy.
(f) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required by
the Department of Justice, and (2) the fingerprints and photograph of
the person. Within three days thereafter, the registering law
enforcement agency shall electronically forward the statement,
fingerprints, and photograph to the Department of Justice. The
Department of Justice shall make all of these statements,
fingerprints, and photographs available to all chief fire officials
of legally organized fire departments or fire protection districts in
the state.
(g) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address. The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency having local jurisdiction of the new place
of residence.
(h) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson and who
is required to register under this section who willfully violates
any of the provisions thereof is guilty of a misdemeanor and shall be
sentenced to serve a term of not less than 90 days nor more than one
year in a county jail. In no event does the court have the power to
absolve a person who willfully violates this section from the
obligation of spending at least 90 days of confinement in a county
jail and of completing probation of at least one year.
(i) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Prison Terms,
Parole Hearings, the Department of the Youth
Authority, Corrections and Rehabilitation, Division of
Juvenile Facilities, or the court, as the case may be, shall
order the parole or probation of that person revoked.
(j) The statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
(k) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution. This subdivision shall not apply to any person
temporarily released under guard from the institution where he or she
is confined.
( l ) (1) Nothing in this section
shall be construed to conflict with Section 1203.4 concerning
termination of probation and release from penalties and disabilities
of probation.
A
(2) A person required to register
under this section may initiate a proceeding under Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3 and, upon
obtaining a certificate of rehabilitation, shall be relieved of any
further duty to register under this section. This certificate shall
not relieve the petitioner of the duty to register under this section
for any offense subject to this section of which he or she is
convicted in the future.
Any
(3) Any person who is required to
register under this section due to a misdemeanor conviction shall be
relieved of the requirement to register if that person is granted
relief pursuant to Section 1203.4.
