Bill Text: CA SB1307 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: California Criminal Gang Register.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2012-05-24 - Held in committee and under submission. [SB1307 Detail]

Download: California-2011-SB1307-Introduced.html

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BILL NUMBER: SB 1307	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        FEBRUARY 23, 2012

   An act to amend Section 186.30 of the Penal Code, relating to
criminal street gangs.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1307, as introduced, Runner. Criminal street gangs:
registration.
   Existing law, as added by Proposition 21, approved by the voters
at the March 7, 2000, statewide primary election, requires persons
convicted of street gang crimes to register with the chief of police
or the sheriff, as applicable, regarding residence, within 10 days of
release from custody or within 10 days of arrival, as specified.
Existing law provides that these provisions may be amended by a 2/3
vote of each house of the Legislature.
   This bill would also require the person to register annually, and
upon changing his or her residence. The bill would make a violation
of the provisions requiring registration a misdemeanor.
   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: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 186.30 of the Penal Code is amended to read:
   186.30.  (a) Any person described in subdivision (b) shall
register with the chief of police of the city in which he or she
resides, or the sheriff of the county if he or she resides in an
unincorporated area, within 10 days of release from custody or within
10 days of his or her arrival in any city, county, or city and
county to reside there, whichever occurs first.  The person shall
register each year thereafter, and shall also register upon changing
his or her residence. 
   (b) Subdivision (a) shall apply to any person convicted in a
criminal court or who has had a petition sustained in a juvenile
court in this state for any of the following offenses:
   (1) Subdivision (a) of Section 186.22.
   (2) Any crime where the enhancement specified in subdivision (b)
of Section 186.22 is found to be true.
   (3) Any crime that the court finds is gang related at the time of
sentencing or disposition. 
   (c) A violation of this section is a misdemeanor. 
  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.