BILL NUMBER: AB 937	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 26, 2009

   An act to add Section 12314 to the Penal Code, relating to
destructive devices.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 937, as introduced, Smyth. Destructive devices: registration.
   Existing law requires that violators of specified arson laws
register their names, addresses, and other specified information with
the police or sheriff in the jurisdiction where they are residing or
are located, within specified time limits, and with certain
conditions. Additionally, these violators must register with the
campus police chief of any public college or university where they
reside or are located. Failure to register is a misdemeanor. Under
existing law, certain administrative duties are imposed on county
probation departments and the Department of Justice relating to the
collection and dissemination of information from registrants.
   Existing law defines various crimes relating to the possession and
use of destructive devices.
   This bill would impose registration requirements parallel to those
applicable in arson cases on violators of certain laws regulating
the possession and use of destructive devices, as specified. Parallel
obligations would be imposed on public agencies relating to the
collection and dissemination of information from registrants.
   By creating a new crime and requiring county officers to undertake
additional duties, this bill would impose state-mandated local
programs.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 12314 is added to the Penal Code, to read:
   12314.  (a) As used in this section:
   (1) "Destructive device violation" means a violation of Section
12303, 12303.1, 12303.2, 12303.3, 12303.6, 12308, 12309, 12310, or
12312.
   (2) For a person with no residence, "residing" means "located."
   (b) (1) Every person described in paragraphs (2) and (3) who is
residing in California for 14 or more days shall, within 14 days of
entry, register as a convicted destructive device violator, and shall
reregister upon any change of residence or location within the
state, as provided in this section. Each of these persons shall
either register with the chief of police of the city where the person
is residing, or, if residing in an unincorporated area or city that
has no police department, register with the sheriff of the county
where the person is residing. In addition, each of these persons
shall 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 upon the campus or any of its
facilities.
   (2) Any person who, on or after January 1, 2010, is convicted in
any court in this state of a destructive device violation shall be
required to register, in accordance with the provisions of this
section, for the rest of his or her life.
   (3) Any person who has been adjudicated a ward of the juvenile
court pursuant to Section 602 of the Welfare and Institutions Code,
who has had a destructive device violation sustained in a petition
pursuant to Section 602 of the Welfare and Institutions Code, and who
is discharged or paroled from the Division of Juvenile Justice,
shall be required to register, in accordance with the provisions of
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 comes first.
   (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 Justice, where he or she was
confined because of a destructive device violation, 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 shall not be construed to 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 a destructive device violation
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 or the Division of
Juvenile Justice, 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.
   (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) 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.
   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.
   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.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.