Bill Text: CA AB347 | 2013-2014 | Regular Session | Amended
Bill Title: Arson: registration.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB347 Detail]
Download: California-2013-AB347-Amended.html
BILL NUMBER: AB 347 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 13, 2013
An act to amend Section 457.1 of the Penal Code, relating to
arson.
LEGISLATIVE COUNSEL'S DIGEST
AB 347, as amended, Achadjian. Arson: registration.
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 make technical, nonsubstantive changes to
those provisions. require the Department of Justice
to make all of these statements, photographs, and fingerprints
available to all chief fire officials of a legally organized fire
department or fire protection district in the
state.
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 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 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), 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
register, in accordance with 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 Corrections and Rehabilitation, Division of
Juvenile Facilities, shall register, in accordance with 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 event 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 register, in
accordance with 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 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 does not 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.
(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 Parole Hearings, the Department of
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 , or chief
fire official of a legally organized fire department or fire
protection district in the state .
(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.
(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.
(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.
