Bill Text: CA SB722 | 2015-2016 | Regular Session | Introduced

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

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Bill Title: Sex offenders: GPS monitoring: removal.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Vetoed) 2016-04-25 - Last day to consider Governors veto pursuant to Joint Rule 58.5. [SB722 Detail]

Download: California-2015-SB722-Introduced.html

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BILL NUMBER: SB 722	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bates
   (Coauthor: Assembly Member Wagner)

                        FEBRUARY 27, 2015

   An act to add Section 645.5 to the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 722, as introduced, Bates. Sex offenders: GPS monitoring:
removal.
   Existing law, as amended by Proposition 83 of the November 7,
2006, statewide general election, requires every inmate who has been
convicted of an offense that requires him or her to register as a sex
offender or any attempt to commit any of those offenses and who is
committed to prison and released on parole to be monitored by a
global positioning system for life.
   This bill would make it a felony for a person to willfully remove
or disable an electronic, global positioning system, or other
monitoring device, if the device was affixed as part of a criminal
sentence or juvenile court disposition for certain specified sex
offenses, punishable by imprisonment in the state prison for 16
months, or 2 or 3 years. 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: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 645.5 is added to the Penal Code, to read:
   645.5.  (a) A person who willfully removes or disables an
electronic, global positioning system, or other monitoring device
affixed to his or her person or the person of another, if the device
was affixed as a result of a criminal sentence or juvenile court
disposition for any offense specified in subdivision (c) of Section
667.61, is guilty of a felony, punishable by imprisonment in the
state prison for 16 months, or two or three years.
   (b) This section does not apply to the removal or disabling of a
monitoring device 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 device. This section does not apply if the
removal or disabling of the device is authorized or required by a
court, by law enforcement, or by any other entity that is responsible
for placing the device upon the person or that has the authority and
responsibility to monitor the device.
  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.