Bill Text: CA AB2673 | 2009-2010 | Regular Session | Amended

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Bill Title: Crimes: unlawful disclosure of communications.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-20 - In committee: Set, first hearing. Failed passage. [AB2673 Detail]

Download: California-2009-AB2673-Amended.html

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BILL NUMBER: AB 2673	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2010

INTRODUCED BY   Assembly Member Nielsen

                        FEBRUARY 19, 2010

    An act to amend Section 637 of the Penal Code, relating
to crimes.   An act to amend Section 3000.03 of the
Penal Code, relating to parole. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2673, as amended, Nielsen. Crimes: unlawful disclosure of
communications. 
   Existing law provides that the Department of Corrections and
Rehabilitation shall not return to prison, place a parole hold on, or
report any parole violation to the Board of Parole Hearings
regarding any parolee to whom all of specified criteria apply. 

   This bill would add additional criteria to prohibit the release of
an inmate to parole with the limitations described above, if the
person is affiliated with a criminal street gang, as determined in
any of specified ways.  
   Existing law generally makes it a crime for a person not a party
to a telegraphic or telephonic communication addressed to another
person to willfully disclose that communication without consent of
that other person.  
   This bill would make a technical, nonsubstantive change to this
provision. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

   SECTION 1.    Section 3000.03 of the   Penal
Code   is amended to read: 
   3000.03.  Notwithstanding any other provision of law, the
Department of Corrections and Rehabilitation shall not return to
prison, place a parole hold on pursuant to Section 3056, or report
any parole violation to the Board of Parole Hearings regarding any
person to whom all of the following criteria apply:
   (a) The person is not required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1.
   (b) The person was not committed to prison for a serious felony as
defined in Sections 1192.7 and 1192.8, or a violent felony, as
defined in Section 667.5, and does not have a prior conviction for a
serious felony, as defined in Section 1192.7 and 1192.8, or a violent
felony, as defined in Section 667.5.
   (c) The person was not committed to prison for a sexually violent
offense as defined in subdivision (b) of Section 6600 of the Welfare
and Institutions Code and does not have a prior conviction for a
sexually violent offense as defined in subdivision (b) of Section
6600 of the Welfare and Institutions Code.
   (d) The person was not found guilty of a serious disciplinary
offense, as defined in regulation by the department, during his or
her current term of imprisonment.
   (e) The person is not a validated prison gang member or associate,
as defined in regulation by the department. 
   (f) The person is not required to register pursuant to Section
186.30.  
   (g) The person has not been identified by the Department of
Justice as being affiliated with a criminal street gang pursuant to
the CALGANG program.  
   (h) The person has not been identified by a local law enforcement
agency as being affiliated with a criminal street gang. 

   (f) 
    (i)  The person did not refuse to sign any written
notification of parole requirements or conditions, including, but not
limited to, the written notification of requirements pursuant to
Section 3067. 
   (g) 
    (j)  The person was evaluated by the department using a
validated risk assessment tool and was not determined to pose a high
risk to reoffend. 
  SECTION 1.    Section 637 of the Penal Code is
amended to read:
   637.  Every person not a party to a telegraphic or telephonic
communication who willfully discloses the contents of a telegraphic
or telephonic message, or any part thereof, addressed to another
person, without the permission of that person, unless directed so to
do by the lawful order of a court, is punishable by imprisonment in
the state prison, or in the county jail not exceeding one year, or by
fine not exceeding five thousand dollars ($5,000), or by both fine
and imprisonment.