Bill Text: CA SB57 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Electronic monitoring: removing or disabling GPS device: offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-12 - Chaptered by Secretary of State. Chapter 776, Statutes of 2013. [SB57 Detail]

Download: California-2013-SB57-Chaptered.html

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BILL NUMBER: SB 57	CHAPTERED
	BILL TEXT

	CHAPTER  776
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2013
	APPROVED BY GOVERNOR  OCTOBER 12, 2013
	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 3, 2013
	AMENDED IN ASSEMBLY  AUGUST 5, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  FEBRUARY 11, 2013

INTRODUCED BY   Senator Lieu

                        JANUARY 7, 2013

   An act to add Section 3010.10 to the Penal Code, relating to
electronic monitoring.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 57, Lieu. Electronic monitoring: removing or disabling GPS
device: offense.
   Existing law, as amended by Proposition 83, adopted at the
November 7, 2006, statewide general election, requires the Department
of Corrections and Rehabilitation to monitor sex offenders using a
global positioning system (GPS). With regard to all other offenders,
existing law permits the Department of Corrections and Rehabilitation
to use electronic or GPS monitoring to electronically monitor the
whereabouts of individuals on parole. Under existing law, a parolee
who fails to comply with the rules or conditions for the use of
electronic monitoring as a supervision tool may be found guilty of
violating the terms of his or her parole.
   This bill would prohibit a person who is required to register as a
sex offender and who is subject to parole supervision from removing,
as specified, an electronic, GPS, or other monitoring device affixed
as a condition of parole. Upon a violation of the provision, the
bill would require the parole authority to revoke the person's parole
and impose a mandatory, 180-day period of incarceration.
   Proposition 83 provides that any amendment of its provisions by
the Legislature requires a 2/3 vote of the membership of each house
unless the amendments expand the scope of its application or increase
the punishments or penalties provided, in which case the Legislature
may amend its provisions by a statute passed by a majority vote of
each house.
   Because this bill increases the punishments or penalties provided
in Proposition 83, this bill would require a majority vote.
   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.


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

  SECTION 1.  Section 3010.10 is added to the Penal Code, to read:
   3010.10.  (a) A person who is required to register as a sex
offender pursuant to Section 290 shall not remove or disable, or
permit another to remove or disable, an electronic, global
positioning system (GPS), or other monitoring device affixed to his
or her person as a condition of parole, when he or she knows that the
device was affixed as a condition of parole.
   (b) (1) This section shall not apply if the removal or disabling
of an electronic, GPS, or other monitoring device is performed 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.
   (2) This section shall not apply if the removal or disabling of
the electronic, GPS, or other monitoring device is authorized or
required by a court, 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.
   (c) Upon a violation of this section, the parole authority shall
revoke the person's parole and require that he or she be incarcerated
in the county jail for a period of 180 days.
  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.