BILL NUMBER: SB 1062	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 18, 2010
	AMENDED IN SENATE  APRIL 27, 2010

INTRODUCED BY   Senator Strickland

                        FEBRUARY 16, 2010

   An act to amend  Section 7480 of   Sections
7480, 70372, 70   375 and 70625 of, and to repeal Section
70401 of,  the Government Code, to amend Section 668 of the
Harbors and Navigation Code, to amend Sections 266h, 266i, 273.6,
290.06, 786, 1203e, 1233.1, 1328d, 1417.6, 12021, 13821, 13885,
13885.1, 13885.2, 13885.4, 13885.6, and 13885.8 of, and to repeal
Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of, the
Penal Code, to amend Section 40000.7 of the Vehicle Code, and to
repeal Section 58 of Chapter 28 of the Third Extraordinary Session of
the Statutes of 2009, relating to public safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1062, as amended, Strickland. Public safety omnibus bill.
   (1) Existing law provides the circumstances in which a local or
state government agency may procure the financial records of an
individual in the course of a criminal or civil investigation and
specifies certain instances where the dissemination of financial
records may be required by an order by a judge. Under existing law, a
court may order the production of relevant records in the possession
of a real estate recordholder upon the ex parte application by a
peace officer stating the records are relevant to an ongoing felony
fraud investigation.
   This bill would state that the provisions of existing law
regarding the procurement of financial records by the government do
not prohibit the production of real estate documents upon the ex
parte application of a peace officer during the course of the felony
fraud investigation. 
   (2) Existing law, the Trial Court Facilities Act of 2002, provides
for the transfer of the responsibility of a county to provide
necessary and suitable court facilities by authorizing the transfer
of the responsibility from a county to the Judicial Council. The act,
in order to facilitate the transfer of facilities, establishes the
Transitional State Court Facilities Construction Fund in the State
Treasury to finance the bonded indebtedness associated with certain
court facilities transferred to the Judicial Council pursuant to the
act.  
   This bill would repeal the provision establishing the Transitional
State Court Facilities Construction Fund and would delete provisions
of existing law providing for a reduction in court construction
penalties for the amounts collected for transmission to that fund.
 
   (2) 
    (3)  Under existing law, persons convicted of specified
drug offenses are subject to a separate consecutive 3-year term of
imprisonment for each prior conviction of an offense in a list of
similar drug offenses.
   This bill would expand these lists of drug offenses. 
   (3) 
    (4)  Existing law requires every person required to
register as a sex offender to be subject to assessment by the
State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO).
Existing law requires probation departments to do a SARATSO
assessment on every eligible person for whom it prepares a probation
report.
   This bill would require probation departments to perform an
assessment on eligible persons whether or not it prepares a probation
report on that person, and would require that the assessment be done
prior to the person's sentencing. By requiring additional SARATSO
assessments by probation departments, this bill would impose a
state-mandated local program. 
   (4) 
    (5)  Existing law requires persons placed on probation
to be under the supervision of a county probation officer. Existing
law requires the probation department to compile a Facts of Offense
Sheet, which includes the probationer's criminal history and the
results of his or her SARATSO assessment, for every person who has
been referred to the department who has been convicted of an offense
that requires registration under the Sex Offender Registration Act.
Existing law requires that the Facts of Offense Sheet be included in
the probation officer's report and requires the probation officer to
send a copy of the Facts of Offense Sheet to the Department of
Justice Sex Offender Tracking Program. Existing law requires that the
Facts of Offense Sheet be made part of the registered sex offender's
file maintained by the Department of Justice Sex Offender Tracking
Program.
   This bill would delete the requirement that the probation officer
send a copy of the Facts of Offense Sheet to the Department of
Justice Sex Offender Tracking Program and instead require the
probation officer to send the Facts of Offense Sheet to the
Department of Justice High Risk Sex Offender Program. 
   (6) Existing law requires the Facts of Offense Sheet to be
included in the probation officer's report and permits the defendant
to move the court to correct the Facts of Offense Sheet. Existing law
requires that a probation officer's report include the results of
the SARATSO assessment.  
   This bill would delete the requirement that the probation officer'
s report include the Facts of Offense Sheet and would delete the
provision authorizing the defendant to move the court to correct the
Facts of Offense Sheet. This bill would allow the defendant to move
the court to correct the score of his or her SARATSO assessment in
the probation officer's report.  
   (5) 
    (7)  Under existing law  ,  the pimping of, or
the pandering of, a minor is a felony. Existing law imposes a higher
triad of sentences if the minor is under 16 years of age than if the
minor is over 16 years of age but does not specify the possible
sentences if the minor is exactly 16 years of age.
   This bill would clarify that if the minor victim is exactly 16
years of age or older, the lower triad of sentences applies. 

   (6) 
    (8)  Existing law makes it a crime to possess a firearm
if the person knows he or she is prohibited from doing so by the
provisions of specified protective orders.
   This bill would apply these provisions to a protective order
sought by an officer of a postsecondary educational institution where
a student has suffered a credible threat of violence. 
   (7) 
    (9)  Two existing provisions of law both enact the
California Community Corrections Performance Incentives Act. One of
these provisions includes a victim representative on a local advisory
panel created by the act.
   This bill would repeal the version of the act that does not
include the victim representative in its provisions. 
   (8) 
    (10)  Existing law authorizes each county to establish a
Community Corrections Performance Incentives Fund (CCPIF) and
authorizes the state to annually allocate money into the State
Corrections Performance Incentives Fund to be used for purposes
relating to improving local probation supervision practices and
capacities. Existing law requires the Director of Finance, in
consultation with the Department of Corrections and Rehabilitation,
the Joint Legislative Budget Committee, the Chief Probation Officers
of California, and the Administrative Office of the Courts, to
calculate the amount of money to be appropriated from the state fund
into the CCPIF. Under existing law  ,  the calculation is
based on costs avoided by the Department of Corrections and
Rehabilitation because of a reduction in the percentage of adult
probationers sent to prison for probation failure. Under existing law
 ,  this calculation includes a statewide probation failure
rate, calculated as the total number of adult felony probationers
statewide sent to prison in the previous year as a percentage of the
statewide adult felony population as of June 30 of the year that the
calculation is being performed, and the probation failure rate for
each county, calculated as the number of adult probationers sent to
prison from each county in the previous year as a percentage of the
county's adult felony probation population as of June 30 of the year
that the calculation is being performed.
   This bill would require that the statewide and county probation
failure rates be calculated as the number of adult felony
probationers sent to prison statewide, and by each county, in the
previous year as a percentage of the statewide or county's average
adult felony probation population for that year. 
   (9) 
    (11)  Under existing law, the service of a subpoena by
mail or messenger is effected if and when the recipient acknowledges
receipt of the subpoena. Under existing law  , 
acknowledgment may be made by telephone, mail, or in person.
   This bill would include  any form of electronic
communication   e-mail or an online form provided by the
sender of the subpoena  as an acceptable means of acknowledging
the receipt of a subpoena for purposes of affecting service  ,
and would require the sender of the subpoena to retain any
acknowledgment received by these methods until the court date for
which the subpoena was issued, or a later date if specified by the
court  . 
   (10) 
    (12)  Existing law, subject to the availability of
funds, establishes the Sexual Habitual Offender Program in the
Department of Justice and requires that it evaluate the number of
arrests and convictions of sex offenses and the length of sentences
for repeat offenders. Existing law defines a "sexual habitual
offender" for purposes of the act as a person who has been convicted
of 2 or more violent offenses against a person involving force or
violence which include at least one sex offense, or as a person who
has committed a crime which requires registration under the Sex
Offender Registration Act and who has additional felony or
misdemeanor arrests on his or her criminal record, as specified.
   This bill would recast the Sexual Habitual Offender Program as the
High Risk Sex Offender Program. This bill would delete the
requirement that the program evaluate the number of arrests and
convictions of sex offenses and the length of sentences for repeat
offenders and would instead require the program to receive Facts of
Offenses Sheets and use the scores of sex offenders reported on the
sheets for identifying, assessing, monitoring, and containing sex
offenders at high risk of reoffending. This bill would delete the
definition of a "sexual habitual offender" for purposes of the
program and replace it with "high risk sex offender" and would define
a high risk sex offender as any person who is required to register
under the Sex Offender Registration Act and who has been assessed
with a score equivalent to "high risk" on the SARATSO, or who has
been identified as being at a high risk of reoffending by the
Department of Justice based on the person's SARATSO score when
considered in combination with unspecified empirically based risk
factors. 
   (11) 
    (13)  Existing law requires the Department of Justice to
establish and maintain a comprehensive file of existing information
maintained by law enforcement agencies, the Department of Corrections
and Rehabilitation, the Department of Motor Vehicles, and the
Department of Justice. Existing law allows the Department of Justice
to request existing information from these agencies regarding sexual
habitual offenders and requires these agencies, when requested, to
provide copies of the information.
   This bill would expand the requirement that the Department of
Justice maintain files of existing information maintained by the
above agencies to include the State Department of Mental Health and
probation departments. This bill would require the State Department
of Mental Health and probation departments, in addition to the
agencies already subject to the requirement, to provide existing
information to the Department of Justice upon request regarding high
risk sex offenders. By requiring probation departments to submit
existing information upon the request of the Department of Justice,
this bill would impose a state-mandated local program. 
   (12) 
    (14)  Under existing law, the Department of Justice is
required to provide a summary profile of a sexual habitual offender
to each law enforcement agency when an individual registers in, or
moves to, the area in which the law enforcement agency is located.
   This bill would delete this requirement and instead require the
Department of Justice to provide a bulletin to law enforcement
agencies on each high risk sex offender via the California Sex
Offender Registry and the California Law Enforcement Web (CLEW).

   (13) 
    (15)  This bill would make various technical
corrections. 
   (14) 
    (16)  The bill would provide that any section of any
act, other than SB 1330, enacted by the Legislature during the 2010
calendar year that takes effect on or before January 1, 2011, and
that affects a provision of this act would prevail over this act.

   (15) 
    (17)  By imposing additional duties of local probation
departments, this bill would impose a state-mandated local program.

   (16) 
    (18)  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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 7480 of the Government Code, as amended by
Section 1 of Chapter 234 of the Statutes of 2008, is amended to read:

   7480.  Nothing in this chapter shall prohibit any of the
following:
   (a) The dissemination of any financial information that is not
identified with, or identifiable as being derived from, the financial
records of a particular customer.
   (b) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, access cards,
or other orders drawn upon any bank, credit union, or savings
association in this state, the police or sheriff's department or
district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or
a long-term care ombudsman when investigating the financial abuse of
an elder or dependent adult, may request a bank, credit union, or
savings association to furnish, and a bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
   (1) The number of items dishonored.
   (2) The number of items paid that created overdrafts.
   (3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
   (4) The dates and amounts of deposits and debits and the account
balance on these dates.
   (5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
   (6) The date the account opened and, if applicable, the date the
account closed.
   (7) Surveillance photographs and video recordings of persons
accessing the crime victim's financial account via an automated
teller machine (ATM) or from within the financial institution for
dates on which illegal acts involving the account were alleged to
have occurred. Nothing in this paragraph does any of the following:
   (A) Requires a financial institution to produce a photograph or
video recording if it does not possess the photograph or video
recording.
   (B) Affects any existing civil immunities as provided in Section
47 of the Civil Code or any other provision of law.
   (8) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account
statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
   (c) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, access cards,
or other orders drawn upon any bank, credit union, or savings
association doing business in this state, the police or sheriff's
department or district attorney, a county adult protective services
office when investigating the financial abuse of an elder or
dependent adult, or a long-term care ombudsman when investigating the
financial abuse of an elder or dependent adult, may request, with
the consent of the accountholder, the bank, credit union, or savings
association to furnish, and the bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
   (1) The number of items dishonored.
   (2) The number of items paid that created overdrafts.
   (3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
   (4) The dates and amounts of deposits and debits and the account
balance on these dates.
   (5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
   (6) The date the account opened and, if applicable, the date the
account closed.
   (7) Surveillance photographs and video recordings of persons
accessing the crime victim's financial account via an automated
teller machine (ATM) or from within the financial institution for
dates on which illegal acts involving this account were alleged to
have occurred. Nothing in this paragraph does any of the following:
   (A) Requires a financial institution to produce a photograph or
video recording if it does not possess the photograph or video
recording.
   (B) Affects any existing civil immunities as provided in Section
47 of the Civil Code or any other provision of law.
   (8) A bank, credit union, or savings association doing business in
this state that provides the requesting party with copies of one or
more complete account statements prepared in the regular course of
business shall be deemed to be in compliance with paragraphs (1),
(2), (3), and (4).
   (d) For purposes of subdivision (c), consent of the accountholder
shall be satisfied if an accountholder provides to the financial
institution and the person or entity seeking disclosure, a signed and
dated statement containing all of the following:
   (1) Authorization of the disclosure for the period specified in
subdivision (c).
   (2) The name of the agency or department to which disclosure is
authorized and, if applicable, the statutory purpose for which the
information is to be obtained.
   (3) A description of the financial records that are authorized to
be disclosed.
   (e) (1) The Attorney General, a supervisory agency, the Franchise
Tax Board, the State Board of Equalization, the Employment
Development Department, the Controller or an inheritance tax referee
when administering the Prohibition of Gift and Death Taxes (Part 8
(commencing with Section 13301) of Division 2 of the Revenue and
Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, a
long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, a county welfare department when
investigating welfare fraud, a county auditor-controller or director
of finance when investigating fraud against the county, or the
Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the
Commissioner of Corporations, from requesting of an office or branch
of a financial institution, and the office or branch from responding
to a request, as to whether a person has an account or accounts at
that office or branch and, if so, any identifying numbers of the
account or accounts.
   (2) No additional information beyond that specified in this
section shall be released to a county welfare department without
either the accountholder's written consent or a judicial writ, search
warrant, subpoena, or other judicial order.
   (3) A county auditor-controller or director of finance who
unlawfully discloses information he or she is authorized to request
under this subdivision is guilty of the unlawful disclosure of
confidential data, a misdemeanor, which shall be punishable as set
forth in Section 7485.
   (f) The examination by, or disclosure to, any supervisory agency
of financial records that relate solely to the exercise of its
supervisory function. The scope of an agency's supervisory function
shall be determined by reference to statutes that grant authority to
examine, audit, or require reports of financial records or financial
institutions as follows:
   (1) With respect to the Commissioner of Financial Institutions by
reference to Division 1 (commencing with Section 99), Division 1.5
(commencing with Section 4800), Division 2 (commencing with Section
5000), Division 5 (commencing with Section 14000), Division 7
(commencing with Section 18000), Division 15 (commencing with Section
31000), and Division 16 (commencing with Section 33000), of the
Financial Code.
   (2) With respect to the Controller by reference to Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure.
   (3) With respect to the Administrator of Local Agency Security by
reference to Article 2 (commencing with Section 53630) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.
   (g) The disclosure to the Franchise Tax Board of (1) the amount of
any security interest that a financial institution has in a
specified asset of a customer or (2) financial records in connection
with the filing or audit of a tax return or tax information return
that are required to be filed by the financial institution pursuant
to Part 10 (commencing with Section 17001), Part 11 (commencing with
Section 23001), or Part 18 (commencing with Section 38001), of the
Revenue and Taxation Code.
   (h) The disclosure to the State Board of Equalization of any of
the following:
   (1) The information required by Sections 6702, 6703, 8954, 8957,
30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122,
41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404, 46406, 50134,
50136, 55203, 55205, 60404, and 60407 of the Revenue and Taxation
Code.
   (2) The financial records in connection with the filing or audit
of a tax return required to be filed by the financial institution
pursuant to Part 1 (commencing with Section 6001), Part 2 (commencing
with Section 7301), Part 3 (commencing with Section 8601), Part 13
(commencing with Section 30001), Part 14 (commencing with Section
32001), and Part 17 (commencing with Section 37001), of Division 2 of
the Revenue and Taxation Code.
   (3) The amount of any security interest a financial institution
has in a specified asset of a customer, if the inquiry is directed to
the branch or office where the interest is held.
   (i) The disclosure to the Controller of the information required
by Section 7853 of the Revenue and Taxation Code.
   (j) The disclosure to the Employment Development Department of the
amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the
branch or office where the interest is held.
   (k) The disclosure by a construction lender, as defined in Section
3087 of the Civil Code, to the Registrar of Contractors, of
information concerning the making of progress payments to a prime
contractor requested by the registrar in connection with an
investigation under Section 7108.5 of the Business and Professions
Code.
   (l) Upon receipt of a written request from a local child support
agency referring to a support order pursuant to Section 17400 of the
Family Code, a financial institution shall disclose the following
information concerning the account or the person named in the
request, whom the local child support agency shall identify, whenever
possible, by social security number:
   (1) If the request states the identifying number of an account at
a financial institution, the name of each owner of the account.
   (2) Each account maintained by the person at the branch to which
the request is delivered, and, if the branch is able to make a
computerized search, each account maintained by the person at any
other branch of the financial institution located in this state.
   (3) For each account disclosed pursuant to paragraphs (1) and (2),
the account number, current balance, street address of the branch
where the account is maintained, and, to the extent available through
the branch's computerized search, the name and address of any other
person listed as an owner.
   (4) Whenever the request prohibits the disclosure, a financial
institution shall not disclose either the request or its response, to
an owner of the account or to any other person, except the officers
and employees of the financial institution who are involved in
responding to the request and to attorneys, employees of the local
child support agencies, auditors, and regulatory authorities who have
a need to know in order to perform their duties, and except as
disclosure may be required by legal process.
   (5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
in response to a request pursuant to this subdivision, (B) failing
to notify the owner of an account, or complying with a request under
this paragraph not to disclose to the owner, the request or
disclosure under this subdivision, or (C) failing to discover any
account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
   (6) The local child support agency may request information
pursuant to this subdivision only when the local child support agency
has received at least one of the following types of physical
evidence:
   (A) Any of the following, dated within the last three years:
   (i) Form 599.
   (ii) Form 1099.
   (iii) A bank statement.
   (iv) A check.
   (v) A bank passbook.
   (vi) A deposit slip.
   (vii) A copy of a federal or state income tax return.
   (viii) A debit or credit advice.
   (ix) Correspondence that identifies the child support obligor by
name, the bank, and the account number.
   (x) Correspondence that identifies the child support obligor by
name, the bank, and the banking services related to the account of
the obligor.
   (xi) An asset identification report from a federal agency.
   (B) A sworn declaration of the custodial parent during the 12
months immediately preceding the request that the person named in the
request has had or may have had an account at an office or branch of
the financial institution to which the request is made.
   (7) Information obtained by a local child support agency pursuant
to this subdivision shall be used only for purposes that are directly
connected with the administration of the duties of the local child
support agency pursuant to Section 17400 of the Family Code.
   (m) (1) As provided in paragraph (1) of subdivision (c) of Section
666 of Title 42 of the United States Code, upon receipt of an
administrative subpoena on the current federally approved interstate
child support enforcement form, as approved by the federal Office of
Management and Budget, a financial institution shall provide the
information or documents requested by the administrative subpoena.
   (2) The administrative subpoena shall refer to the current federal
Office of Management and Budget control number and be signed by a
person who states that he or she is an authorized agent of a state or
county agency responsible for implementing the child support
enforcement program set forth in Part D (commencing with Section 651)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
A financial institution may rely on the statements made in the
subpoena and has no duty to inquire into the truth of any statement
in the subpoena.
   (3) If the person who signs the administrative subpoena directs a
financial institution in writing not to disclose either the subpoena
or its response to any owner of an account covered by the subpoena,
the financial institution shall not disclose the subpoena or its
response to the owner.
   (4) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
or providing documents in response to a subpoena pursuant to this
subdivision, (B) failing to notify any owner of an account covered by
the subpoena or complying with a request not to disclose to the
owner, the subpoena or disclosure under this subdivision, or (C)
failing to discover any account owned by the person named in the
subpoena pursuant to a computerized search of the records of the
financial institution.
   (n) The dissemination of financial information and records
pursuant to any of the following:
   (1) Compliance by a financial institution with the requirements of
Section 2892 of the Probate Code.
   (2) Compliance by a financial institution with the requirements of
Section 2893 of the Probate Code.
   (3) An order by a judge upon a written ex parte application by a
peace officer showing specific and articulable facts that there are
reasonable grounds to believe that the records or information sought
are relevant and material to an ongoing investigation of a felony
violation of Section 186.10 or of any felony subject to the
enhancement set forth in Section 186.11.
   (A) The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
   (B) The ex parte application and any subsequent judicial order
shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner.
   (C) The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the financial
institution.
   (D) Nothing in this subdivision shall preclude the financial
institution from notifying a customer of the receipt of the order for
production of records unless a court orders the financial
institution to withhold notification to the customer upon a finding
that the notice would impede the investigation.
   (E) Where a court has made an order pursuant to this paragraph to
withhold notification to the customer under this paragraph, the peace
officer or law enforcement agency who obtained the financial
information shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
   (4) An order by a judge issued pursuant to subdivision (c) of
Section 532f of the Penal Code.
   (5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for any of the following:
   (A) Disclosing information to a probate court pursuant to Sections
2892 and 2893.
   (B) Disclosing information in response to a court order pursuant
to paragraph (3).
   (C) Complying with a court order under this subdivision not to
disclose to the customer, the order, or the dissemination of
information pursuant to the court order.
   (o) Disclosure by a financial institution to a peace officer, as
defined in Section 830.1 of the Penal Code, pursuant to the
following:
   (1) Paragraph (1) of subdivision (a) of Section 1748.95 of the
Civil Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 1748.95 of the Civil Code.
   (2) Paragraph (1) of subdivision (a) of Section 4002 of the
Financial Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 4002 of the Financial Code.
   (3) Paragraph (1) of subdivision (a) of Section 22470 of the
Financial Code, provided that any financial institution that is a
finance lender has first complied with the requirements of paragraph
(2) of subdivision (a) and subdivision (b) of Section 22470 of the
Financial Code.
   (p) When the governing board of the Public Employees' Retirement
System or the State Teachers' Retirement System certifies in writing
to a financial institution that a benefit recipient has died and that
transfers to the benefit recipient's account at the financial
institution from the retirement system occurred after the benefit
recipient's date of death, the financial institution shall furnish
the retirement system with the name and address of any coowner,
cosigner, or any other person who had access to the funds in the
account following the date of the benefit recipient's death, or if
the account has been closed, the name and address of the person who
closed the account.
   (q) When the retirement board of a retirement system established
under the County Employees Retirement Law of 1937 certifies in
writing to a financial institution that a retired member or the
beneficiary of a retired member has died and that transfers to the
account of the retired member or beneficiary of a retired member at
the financial institution from the retirement system occurred after
the date of death of the retired member or beneficiary of a retired
member, the financial institution shall furnish the retirement system
with the name and address of any coowner, cosigner, or any other
person who had access to the funds in the account following the date
of death of the retired member or beneficiary of a retired member, or
if the account has been closed, the name and address of the person
who closed the account.
   (r) When the Franchise Tax Board certifies in writing to a
financial institution that (1) a taxpayer filed a tax return that
authorized a direct deposit refund with an incorrect financial
institution account or routing number that resulted in all or a
portion of the refund not being received, directly or indirectly, by
the taxpayer; (2) the direct deposit refund was not returned to the
Franchise Tax Board; and (3) the refund was deposited directly on a
specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the
financial institution shall furnish to the Franchise Tax Board the
name and address of any coowner, cosigner, or any other person who
had access to the funds in the account following the date of direct
deposit refund, or if the account has been closed, the name and
address of the person who closed the account.
  SEC. 2.  Section 7480 of the Government Code, as amended by Section
2 of Chapter 234 of the Statutes of 2008, is amended to read:
   7480.  Nothing in this chapter prohibits any of the following:
   (a) The dissemination of any financial information that is not
identified with, or identifiable as being derived from, the financial
records of a particular customer.
   (b) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, or other
orders drawn upon any bank, credit union, or savings association in
this state, the police or sheriff's department or district attorney,
a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, or a long-term care
ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings
association to furnish, and a bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
   (1) The number of items dishonored.
   (2) The number of items paid that created overdrafts.
   (3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
   (4) The dates and amounts of deposits and debits and the account
balance on these dates.
   (5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
   (6) The date the account opened and, if applicable, the date the
account closed.
   (7) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account
statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
   (c) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, or other
orders drawn upon any bank, credit union, or savings association
doing business in this state, the police or sheriff's department or
district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or
a long-term care ombudsman when investigating the financial abuse of
an elder or dependent adult, may request, with the consent of the
accountholder, the bank, credit union, or savings association to
furnish, and the bank, credit union, or savings association shall
furnish, a statement setting forth the following information with
respect to a customer account specified by the requesting party for a
period 30 days prior to, and up to 30 days following, the date of
occurrence of the alleged illegal act involving the account:
   (1) The number of items dishonored.
   (2) The number of items paid that created overdrafts.
   (3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
   (4) The dates and amounts of deposits and debits and the account
balance on these dates.
   (5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
   (6) The date the account opened and, if applicable, the date the
account closed.
   (7) A bank, credit union, or savings association doing business in
this state that provides the requesting party with copies of one or
more complete account statements prepared in the regular course of
business shall be deemed to be in compliance with paragraphs (1),
(2), (3), and (4).
   (d) For purposes of subdivision (c), consent of the accountholder
shall be satisfied if an accountholder provides to the financial
institution and the person or entity seeking disclosure, a signed and
dated statement containing all of the following:
         (1) Authorization of the disclosure for the period specified
in subdivision (c).
   (2) The name of the agency or department to which disclosure is
authorized and, if applicable, the statutory purpose for which the
information is to be obtained.
   (3) A description of the financial records that are authorized to
be disclosed.
   (e) (1) The Attorney General, a supervisory agency, the Franchise
Tax Board, the State Board of Equalization, the Employment
Development Department, the Controller or an inheritance tax referee
when administering the Prohibition of Gift and Death Taxes (Part 8
(commencing with Section 13301) of Division 2 of the Revenue and
Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, a
long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, a county welfare department when
investigating welfare fraud, a county auditor-controller or director
of finance when investigating fraud against the county, or the
Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the
Commissioner of Corporations, from requesting of an office or branch
of a financial institution, and the office or branch from responding
to a request, as to whether a person has an account or accounts at
that office or branch and, if so, any identifying numbers of the
account or accounts.
   (2) No additional information beyond that specified in this
section shall be released to a county welfare department without
either the accountholder's written consent or a judicial writ, search
warrant, subpoena, or other judicial order.
   (3) A county auditor-controller or director of finance who
unlawfully discloses information he or she is authorized to request
under this subdivision is guilty of the unlawful disclosure of
confidential data, a misdemeanor, which shall be punishable as set
forth in Section 7485.
   (f) The examination by, or disclosure to, any supervisory agency
of financial records that relate solely to the exercise of its
supervisory function. The scope of an agency's supervisory function
shall be determined by reference to statutes that grant authority to
examine, audit, or require reports of financial records or financial
institutions as follows:
   (1) With respect to the Commissioner of Financial Institutions by
reference to Division 1 (commencing with Section 99), Division 1.5
(commencing with Section 4800), Division 2 (commencing with Section
5000), Division 5 (commencing with Section 14000), Division 7
(commencing with Section 18000), Division 15 (commencing with Section
31000), and Division 16 (commencing with Section 33000) of the
Financial Code.
   (2) With respect to the Controller by reference to Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure.
   (3) With respect to the Administrator of Local Agency Security by
reference to Article 2 (commencing with Section 53630) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.
   (g) The disclosure to the Franchise Tax Board of (1) the amount of
any security interest that a financial institution has in a
specified asset of a customer or (2) financial records in connection
with the filing or audit of a tax return or tax information return
that are required to be filed by the financial institution pursuant
to Part 10 (commencing with Section 17001), Part 11 (commencing with
Section 23001), or Part 18 (commencing with Section 38001) of the
Revenue and Taxation Code.
   (h) The disclosure to the State Board of Equalization of any of
the following:
   (1) The information required by Sections 6702, 6703, 8954, 8957,
30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122,
41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404, 46406, 50134,
50136, 55203, 55205, 60404, and 60407 of the Revenue and Taxation
Code.
   (2) The financial records in connection with the filing or audit
of a tax return required to be filed by the financial institution
pursuant to Part 1 (commencing with Section 6001), Part 2 (commencing
with Section 7301), Part 3 (commencing with Section 8601), Part 13
(commencing with Section 30001), Part 14 (commencing with Section
32001), and Part 17 (commencing with Section 37001) of Division 2 of
the Revenue and Taxation Code.
   (3) The amount of any security interest a financial institution
has in a specified asset of a customer, if the inquiry is directed to
the branch or office where the interest is held.
   (i) The disclosure to the Controller of the information required
by Section 7853 of the Revenue and Taxation Code.
   (j) The disclosure to the Employment Development Department of the
amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the
branch or office where the interest is held.
   (k) The disclosure by a construction lender, as defined in Section
3087 of the Civil Code, to the Registrar of Contractors, of
information concerning the making of progress payments to a prime
contractor requested by the registrar in connection with an
investigation under Section 7108.5 of the Business and Professions
Code.
   (l) Upon receipt of a written request from a local child support
agency referring to a support order pursuant to Section 17400 of the
Family Code, a financial institution shall disclose the following
information concerning the account or the person named in the
request, whom the local child support agency shall identify, whenever
possible, by social security number:
   (1) If the request states the identifying number of an account at
a financial institution, the name of each owner of the account.
   (2) Each account maintained by the person at the branch to which
the request is delivered, and, if the branch is able to make a
computerized search, each account maintained by the person at any
other branch of the financial institution located in this state.
   (3) For each account disclosed pursuant to paragraphs (1) and (2),
the account number, current balance, street address of the branch
where the account is maintained, and, to the extent available through
the branch's computerized search, the name and address of any other
person listed as an owner.
   (4) Whenever the request prohibits the disclosure, a financial
institution shall not disclose either the request or its response, to
an owner of the account or to any other person, except the officers
and employees of the financial institution who are involved in
responding to the request and to attorneys, employees of the local
child support agencies, auditors, and regulatory authorities who have
a need to know in order to perform their duties, and except as
disclosure may be required by legal process.
   (5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
in response to a request pursuant to this subdivision, (B) failing
to notify the owner of an account, or complying with a request under
this paragraph not to disclose to the owner, the request or
disclosure under this subdivision, or (C) failing to discover any
account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
   (6) The local child support agency may request information
pursuant to this subdivision only when the local child support agency
has received at least one of the following types of physical
evidence:
   (A) Any of the following, dated within the last three years:
   (i) Form 599.
   (ii) Form 1099.
   (iii) A bank statement.
   (iv) A check.
   (v) A bank passbook.
   (vi) A deposit slip.
   (vii) A copy of a federal or state income tax return.
   (viii) A debit or credit advice.
   (ix) Correspondence that identifies the child support obligor by
name, the bank, and the account number.
   (x) Correspondence that identifies the child support obligor by
name, the bank, and the banking services related to the account of
the obligor.
   (xi) An asset identification report from a federal agency.
   (B) A sworn declaration of the custodial parent during the 12
months immediately preceding the request that the person named in the
request has had or may have had an account at an office or branch of
the financial institution to which the request is made.
   (7) Information obtained by a local child support agency pursuant
to this subdivision shall be used only for purposes that are directly
connected with the administration of the duties of the local child
support agency pursuant to Section 17400 of the Family Code.
   (m) (1) As provided in paragraph (1) of subdivision (c) of Section
666 of Title 42 of the United States Code, upon receipt of an
administrative subpoena on the current federally approved interstate
child support enforcement form, as approved by the federal Office of
Management and Budget, a financial institution shall provide the
information or documents requested by the administrative subpoena.
   (2) The administrative subpoena shall refer to the current federal
Office of Management and Budget control number and be signed by a
person who states that he or she is an authorized agent of a state or
county agency responsible for implementing the child support
enforcement program set forth in Part D (commencing with Section 651)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
A financial institution may rely on the statements made in the
subpoena and has no duty to inquire into the truth of any statement
in the subpoena.
   (3) If the person who signs the administrative subpoena directs a
financial institution in writing not to disclose either the subpoena
or its response to any owner of an account covered by the subpoena,
the financial institution shall not disclose the subpoena or its
response to the owner.
   (4) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
or providing documents in response to a subpoena pursuant to this
subdivision, (B) failing to notify any owner of an account covered by
the subpoena or complying with a request not to disclose to the
owner, the subpoena or disclosure under this subdivision, or (C)
failing to discover any account owned by the person named in the
subpoena pursuant to a computerized search of the records of the
financial institution.
   (n) The dissemination of financial information and records
pursuant to any of the following:
   (1) Compliance by a financial institution with the requirements of
Section 2892 of the Probate Code.
   (2) Compliance by a financial institution with the requirements of
Section 2893 of the Probate Code.
   (3) An order by a judge upon a written ex parte application by a
peace officer showing specific and articulable facts that there are
reasonable grounds to believe that the records or information sought
are relevant and material to an ongoing investigation of a felony
violation of Section 186.10 or of any felony subject to the
enhancement set forth in Section 186.11.
   (A) The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
   (B) The ex parte application and any subsequent judicial order
shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner.
   (C) The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the financial
institution.
   (D) Nothing in this subdivision shall preclude the financial
institution from notifying a customer of the receipt of the order for
production of records unless a court orders the financial
institution to withhold notification to the customer upon a finding
that the notice would impede the investigation.
   (E) Where a court has made an order pursuant to this paragraph to
withhold notification to the customer under this paragraph, the peace
officer or law enforcement agency who obtained the financial
information shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
   (4) An order by a judge issued pursuant to subdivision (c) of
Section 532f of the Penal Code.
   (5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for any of the following:
   (A) Disclosing information to a probate court pursuant to Sections
2892 and 2893.
   (B) Disclosing information in response to a court order pursuant
to paragraph (3).
   (C) Complying with a court order under this subdivision not to
disclose to the customer, the order, or the dissemination of
information pursuant to the court order.
   (o) Disclosure by a financial institution to a peace officer, as
defined in Section 830.1 of the Penal Code, pursuant to the
following:
   (1) Paragraph (1) of subdivision (a) of Section 1748.95 of the
Civil Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 1748.95 of the Civil Code.
   (2) Paragraph (1) of subdivision (a) of Section 4002 of the
Financial Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 4002 of the Financial Code.
   (3) Paragraph (1) of subdivision (a) of Section 22470 of the
Financial Code, provided that any financial institution that is a
finance lender has first complied with the requirements of paragraph
(2) of subdivision (a) and subdivision (b) of Section 22470 of the
Financial Code.
   (p) When the governing board of the Public Employees' Retirement
System or the State Teachers' Retirement System certifies in writing
to a financial institution that a benefit recipient has died and that
transfers to the benefit recipient's account at the financial
institution from the retirement system occurred after the benefit
recipient's date of death, the financial institution shall furnish
the retirement system the name and address of any coowner, cosigner,
or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the
account has been closed, the name and address of the person who
closed the account.
   (q) When the retirement board of a retirement system established
under the County Employees Retirement Law of 1937 certifies in
writing to a financial institution that a retired member or the
beneficiary of a retired member has died and that transfers to the
account of the retired member or beneficiary of a retired member at
the financial institution from the retirement system occurred after
the date of death of the retired member or beneficiary of a retired
member, the financial institution shall furnish the retirement system
the name and address of any coowner, cosigner, or any other person
who had access to the funds in the account following the date of
death of the retired member or beneficiary of a retired member, or if
the account has been closed, the name and address of the person who
closed the account.
   (r) When the Franchise Tax Board certifies in writing to a
financial institution that (1) a taxpayer filed a tax return that
authorized a direct deposit refund with an incorrect financial
institution account or routing number that resulted in all or a
portion of the refund not being received, directly or indirectly, by
the taxpayer; (2) the direct deposit refund was not returned to the
Franchise Tax Board; and (3) the refund was deposited directly on a
specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the
financial institution shall furnish to the Franchise Tax Board the
name and address of any coowner, cosigner, or any other person who
had access to the funds in the account following the date of direct
deposit refund, or if the account has been closed, the name and
address of the person who closed the account.
   (s) This section shall become operative on January 1, 2013.
   SEC. 3.    Section 70372 of the   Government
Code   is amended to read: 
   70372.  (a) (1) Except as otherwise provided in subdivision (b) of
Section 70375 and in this article, there shall be levied a state
court construction penalty, in the amount of five dollars ($5) for
every ten dollars ($10), or part of ten dollars ($10), upon every
fine, penalty, or forfeiture imposed and collected by the courts for
all criminal offenses, including, but not limited to, all offenses
involving a violation of a section of the Fish and Game Code, the
Health and Safety Code, or the Vehicle Code or any local ordinance
adopted pursuant to the Vehicle Code. This penalty is in addition to
any other state or local penalty, including, but not limited to, the
penalty provided by Section 1464 of the Penal Code and Section 76000.

   (2) The amount of the court construction penalty may be reduced by
a county as provided in subdivision (b) of Section 70375. 

   (3) 
    (2)    This construction penalty does not apply
to the following:
   (A) Any restitution fine.
   (B) Any penalty authorized by Section 1464 of the Penal Code or
Chapter 12 (commencing with Section 76000) of Title 8.
   (C) Any parking offense subject to Article 3 (commencing with
Section 40200) of Chapter 1 of Division 17 of the Vehicle Code.
   (D) The state surcharge authorized by Section 1465.7 of the Penal
Code. 
   (4) 
    (3)    Any bail schedule adopted pursuant to
Section 1269b of the Penal Code or adopted by the Judicial Council
pursuant to Section 40310 of the Vehicle Code may include the
necessary amount to pay the penalty established by this section, the
penalties authorized by Section 1464 of the Penal Code and Chapter 12
(commencing with Section 76000) of Title 8, and the surcharge
authorized by Section 1465.7 of the Penal Code for all matters where
a personal appearance is not mandatory and the bail is posted
primarily to guarantee payment of the fine. After a determination by
the court of the amount due, the clerk of the court shall collect the
penalty and transmit it immediately to the county treasury and the
county treasurer shall transmit these sums as provided in subdivision
(f).
   (b) In addition to the penalty provided by subdivision (a), for
every parking offense where a parking penalty, fine, or forfeiture is
imposed, an added state court construction penalty of four dollars
and fifty cents ($4.50) shall be included in the total penalty, fine,
or forfeiture. These moneys shall be taken from fines and
forfeitures deposited with the county treasurer prior to any division
pursuant to Section 1462.3 or 1463.009 of the Penal Code. In those
cities, districts, or other issuing agencies which elect to accept
parking penalties, and otherwise process parking violations pursuant
to Article 3 (commencing with Section 40200) of Chapter 1 of Division
17 of the Vehicle Code, that city, district, or issuing agency shall
observe the increased bail amounts as established by the court
reflecting the added penalty provided for by this subdivision. Each
agency that elects to process parking violations shall pay to the
county treasurer four dollars and fifty cents ($4.50) for the parking
penalty imposed by this subdivision for each violation that is not
filed in court. Those payments to the county treasurer shall be made
monthly, and the county treasurer shall transmit these sums as
provided in paragraph (2) of subdivision (f).
   (c) If multiple offenses are involved, the state court
construction penalty under subdivision (a) shall be based upon the
total fine or bail for each case. If a fine is suspended, in whole or
in part, the state court construction penalty under subdivision (a)
shall be reduced in proportion to the suspension.
   (d) If any deposited bail is made for an offense to which this
section applies, and for which a court appearance is not mandatory,
the person making the deposit shall also deposit a sufficient amount
to include the state court construction penalty prescribed by
subdivision (a) for forfeited bail. If bail is returned, the state
court construction penalty paid thereon pursuant to subdivision (a)
shall also be returned.
   (e) In any case where a person convicted of any offense, to which
this section applies, is in prison until the fine is satisfied, the
judge may waive all or any part of the state court construction
penalty, the payment of which would work a hardship on the person
convicted or his or her immediate family.
   (f) (1) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (a), the
county treasurer shall transmit the moneys to the Controller, to be
deposited as follows:
   (A) The total to be deposited pursuant to subdivision (a) shall be
multiplied by a fraction as follows:
   (i) The numerator is the amount imposed as of January 1, 1998, as
an additional penalty on every ten dollars ($10), or part of ten
dollars ($10), upon every fine, penalty, or forfeiture, if any, for
deposit into the local courthouse construction fund in that county
established pursuant to Sections 76000 and 76100. The numerator shall
be expressed in whole dollars and fractions of a dollar.
   (ii) The denominator is five dollars ($5).
   (B) The resulting amount shall be deposited in the Immediate and
Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
   (C) The remaining amount of the deposit shall be deposited in the
State Court Facilities Construction Fund.
   (2) Within 45 days after the end of the month that moneys are
deposited in the county treasury pursuant to subdivision (b), the
county treasurer shall transmit the moneys to the Controller to be
deposited as follows: one-third of the total amount shall be
deposited in the State Court Facilities Construction Fund and
two-thirds of the total amount shall be deposited in the Immediate
and Critical Needs Account of the State Court Facilities Construction
Fund, established in Section 70371.5.
   SEC. 4.    Section 70375 of the   Government
Code   is amended to read: 
   70375.  (a) This article shall take effect on January 1, 2003, and
the fund, penalty, and fee assessment established by this article
shall become operative on January 1, 2003, except as otherwise
provided in this article. 
   (b) In each county, the five-dollar ($5) penalty amount authorized
by subdivision (a) of Section 70372 shall be reduced by the amount
collected for transmission to the state for inclusion in the
Transitional State Court Facilities Construction Fund established
pursuant to Section 70401 to the extent it is funded by money from
the local courthouse construction fund.  
   (c) 
    (b)    The authority for all of the following
shall expire proportionally on the June 30th following the date of
transfer of responsibility for facilities from the county to the
Judicial Council, except so long as money is needed to pay for
construction provided for in those sections and undertaken prior to
the transfer of responsibility for facilities from the county to the
Judicial Council:
   (1) An additional penalty for a local courthouse construction fund
established pursuant to Section 76100.
   (2) A filing fee surcharge in the County of Riverside established
pursuant to Section 70622.
   (3) A filing fee surcharge in the County of San Bernardino
established pursuant to Section 70624.
   (4) A filing fee surcharge in the City and County of San Francisco
established pursuant to Section 70625. 
   (d) 
    (c)    For purposes of subdivision (c), the
term "proportionally" means that proportion of the fee or surcharge
that shall expire upon the transfer of responsibility for a facility
that is the same proportion as the square footage that facility bears
to the total square footage of court facilities in that county.
   SEC. 5.    Section 70401 of the   Government
Code   is repealed.  
   70401.  There is hereby established in the State Treasury the
Transitional State Court Facilities Construction Fund. For each
facility transferred to the state that is subject to bonded
indebtedness and for which a revenue source is also transferred to
the state, pursuant to subdivision (b) of Section 70325, a separate
account shall be established in the fund to receive and disburse
moneys for that facility. The county shall continue to collect and
transmit to the Controller for deposit in the fund the moneys
transferred to service the debt on the facility. The fund shall cease
to exist when all debt transferred to the state pursuant to Section
70325 has been paid. 
   SEC. 6.    Section 70625 of the   Government
Code  is amended to read: 
   70625.  (a) Notwithstanding any other law, for the purpose of
assisting the City and County of San Francisco in the acquisition,
rehabilitation, construction, and financing of courtrooms or of a
courtroom building or buildings containing facilities necessary or
incidental to the operation of the justice system, the Board of
Supervisors of the City and County of San Francisco may require the
amounts collected pursuant to subdivision (d) to be deposited in the
Courthouse Construction Fund established pursuant to Section 76100.
In the City and County of San Francisco, the moneys of the Courthouse
Construction Fund together with any interest earned thereon shall be
payable only for the foregoing purposes and at the time necessary
therefor, and for the purposes set forth in subdivision (b) and at
the time necessary therefor.
   (b) In conjunction with the acquisition, rehabilitation,
construction, or financing of courtrooms or of a courtroom building
or buildings referred to in subdivision (a), the City and County of
San Francisco may use the moneys of the Courthouse Construction Fund
(1) to rehabilitate existing courtrooms or an existing courtroom
building or buildings for other uses if
                new courtrooms or a courtroom building or buildings
are acquired, constructed, or financed or (2) to acquire,
rehabilitate, construct, or finance excess courtrooms or an excess
courtroom building or buildings if that excess is anticipated to be
needed at a later time.
   (c) Any excess courtrooms or excess courtroom building or
buildings that are acquired, rehabilitated, constructed, or financed
pursuant to subdivision (b) may be leased or rented for uses other
than the operation of the justice system until such time as the
excess courtrooms or excess courtroom building or buildings are
needed for the operation of the justice system. Any amounts received
as lease or rental payments pursuant to this subdivision shall be
deposited in the Courthouse Construction Fund.
   (d) In the City and County of San Francisco, a surcharge for the
purpose and for the time set forth in this section may be added to
the filing fees under Sections 70611, 70612, 70613, 70614, 70650,
70651, 70652, 70653, 70655, and 70670 in any civil, family, or
probate action in the superior court. The surcharge shall be in an
amount, not to exceed fifty dollars ($50), as set forth in a
resolution adopted by the Board of Supervisors of the City and County
of San Francisco. If a surcharge under this section is imposed on a
filing fee, the distribution that would otherwise be made to the
State Court Facilities Construction Fund under subdivision (c) of
Section 68085.3 or subdivision (c) of Section 68085.4 shall be
reduced as provided in Section 70603. The county shall notify in
writing the superior court and the Administrative Office of the
Courts of any change in a surcharge under this section. When the
amortized costs that are to be repaid from this fund have been
repaid, the county shall notify in writing the superior court and the
Administrative Office of Courts, and the surcharge under this
section shall terminate, as provided in subdivision  (c)
  (b)  of Section 70375.
   SEC. 3.   SEC. 7.   Section 668 of the
Harbors and Navigation Code is amended to read:
   668.  (a) Any person who violates subdivision (c) of Section 652,
Section 654, 654.05, 654.06, 655.7, 658.3, 659, 673, 674, or 754, or
any regulations adopted pursuant thereto, or any regulation adopted
pursuant to Section 655.3 relating to vessel equipment requirements,
is guilty of an infraction, punishable by a fine of not more than two
hundred fifty dollars ($250).
   (b) (1) Any person who violates Section 655.2, or any regulation
adopted pursuant thereto, or, except as provided in subdivision (a),
any regulation adopted pursuant to Section 655.3, is guilty of a
misdemeanor and shall be punished by a fine of not more than one
hundred dollars ($100) or imprisonment in the county jail for not
more than five days, or by both that fine and imprisonment, for each
violation.
   (2) Any person who violates subdivision (a) or (b) of Section 658
is guilty of a misdemeanor and shall be punished by a fine of not
more than two hundred dollars ($200) for each violation.
   (3) Any person who violates subdivision (d) of Section 652,
Section 652.5, subdivision (a) of Section 655, Section 655.05, 656,
or 656.1, subdivision (d) or (e) of Section 658, Section 663.6 or
665, or any rules and regulations adopted pursuant to subdivision (b)
or (c) of Section 660, is guilty of a misdemeanor and shall be
punished by a fine of not more than one thousand dollars ($1,000) or
imprisonment in the county jail for not more than six months, or by
both that fine and imprisonment, for each violation.
   (c) (1) Any person convicted of a violation of Section 656.2 or
656.3 shall be punished by a fine of not less than one thousand
dollars ($1,000) or more than ten thousand dollars ($10,000), or by
imprisonment in the state prison or in the county jail for not more
than one year, or by both that fine and imprisonment.
   (2) In imposing the minimum fine required by this subdivision, the
court shall take into consideration the defendant's ability to pay
the fine and, in the interest of justice for reasons stated in the
record, may reduce the amount of that minimum fine to less than the
amount otherwise required by this subdivision.
   (d) Any person convicted of a violation of Section 658.5 shall be
punished by a fine of not more than one hundred dollars ($100).
   (e) Any person convicted of a first violation of subdivision (b),
(c), (d), or (e) of Section 655, or of a violation of Section 655.4,
shall be punished by a fine of not more than one thousand dollars
($1,000) or imprisonment in the county jail for not more than six
months, or by both that fine and imprisonment. If probation is
granted, the court, as a condition of probation, may require the
person to participate in, and successfully complete, an alcohol or
drug education, training, or treatment program, in addition to
imposing any penalties required by this code. In order to enable all
persons to participate in licensed programs, every person referred to
a program licensed pursuant to Section 11836 of the Health and
Safety Code shall pay that program's costs commensurate with that
person's ability to pay as determined by Section 11837.4 of the
Health and Safety Code.
   (f) Any person convicted of a second or subsequent violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of the first conviction of any of those subdivisions or subdivision
(f) of Section 655, or any person convicted of a violation of
subdivision (b), (c), (d), or (e) of Section 655 within seven years
of a separate conviction of subdivision (a) or (b) of Section 192.5
of the Penal Code, or a separate conviction of Section 23152 or 23153
of the Vehicle Code or Section 191.5 or subdivision (a) of Section
192.5 of the Penal Code, when the separate conviction resulted from
the operation of a motor vehicle, shall be punished by a fine of not
more than one thousand dollars ($1,000) or imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment. If probation is granted, the court, as a condition of
probation, may require the person to do either of the following, if
available in the county of the person's residence or employment:
   (1) Participate, for at least 18 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code, as
designated by the court. In order to enable all required persons to
participate, each person shall pay the program costs commensurate
with the person's ability to pay as determined pursuant to Section
11837.4 of the Health and Safety Code.
   (2) Participate, for at least 30 months subsequent to the
underlying conviction and in a manner satisfactory to the court, in a
program licensed pursuant to Chapter 9 (commencing with Section
11836) of Part 2 of Division 10.5 of the Health and Safety Code. A
person ordered to treatment pursuant to this paragraph shall apply to
the court or to a board of review, as designated by the court, at
the conclusion of the program to obtain the court's order of
satisfaction. Only upon the granting of that order of satisfaction by
the court may the program issue its certificate of successful
completion. A failure to obtain an order of satisfaction at the
conclusion of the program is a violation of probation. In order to
enable all required persons to participate, each person shall pay the
program costs commensurate with the person's ability to pay as
determined pursuant to Section 11837.4 of the Health and Safety Code.
No condition of probation required pursuant to this paragraph is a
basis for reducing any other probation requirement.
   (g) Any person convicted of a violation of subdivision (f) of
Section 655 shall be punished by imprisonment in the state prison, or
in the county jail for not less than 90 days or more than one year,
and by a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000). If probation is granted,
the court, as a condition of probation, may require the person to
participate in, and successfully complete, a program licensed
pursuant to Chapter 9 (commencing with Section 11836) of Part 2 of
Division 10.5 of the Health and Safety Code, if available in the
person's county of residence or employment, as designated by the
court. In order to enable all required persons to participate, each
person shall pay the program costs commensurate with the person's
ability to pay as determined pursuant to Section 11837.4 of the
Health and Safety Code.
   (h) (1) If any person is convicted of a violation of subdivision
(f) of Section 655 within seven years of a separate conviction of a
violation of subdivision (b), (c), (d), or (e) of Section 655 and is
granted probation, the court shall impose as a condition of probation
that the person be confined in the county jail for not less than
five days or more than one year and pay a fine of not less than two
hundred fifty dollars ($250) or more than five thousand dollars
($5,000).
   (2) If any person is convicted of a violation of subdivision (f)
of Section 655 within seven years of a separate conviction of a
violation of subdivision (f) of Section 655, of subdivision (a) or
(b) of Section 192.5 of the Penal Code, or Section 23152 or 23153 of
the Vehicle Code or Section 191.5 or subdivision (a) of Section 192.5
of the Penal Code, when the separate conviction resulted from the
operation of a motor vehicle, and is granted probation, the court
shall impose as a condition of probation that the person be confined
in the county jail for not less than 90 days or more than one year,
and pay a fine of not less than two hundred fifty dollars ($250) or
more than five thousand dollars ($5,000), and the court, as a
condition of probation, may order that the person participate in a
manner satisfactory to the court, in a program licensed pursuant to
Chapter 9 (commencing with Section 11836) of Part 2 of Division 10.5
of the Health and Safety Code, if available in the county of the
person's residence or employment. In order to enable all required
persons to participate, each person shall pay the program costs
commensurate with the person's ability to pay as determined pursuant
to Section 11837.4 of the Health and Safety Code.
   (i) The court shall not absolve a person who is convicted of a
violation of subdivision (f) of Section 655 within seven years of a
separate conviction of a violation of subdivision (b), (c), (d), (e),
or (f) of Section 655, of subdivision (a) or (b) of Section 192.5 of
the Penal Code, or Section 23152 or 23153 of the Vehicle Code or
Section 191.5 or subdivision (a) of Section 192.5 of the Penal Code,
when the separate conviction resulted from the operation of a motor
vehicle, from the minimum time in confinement provided in this
section and a fine of at least two hundred fifty dollars ($250),
except as provided in subdivision (h).
   (j) Except in unusual cases where the interests of justice demand
an exception, the court shall not strike a separate conviction of an
offense under subdivision (b), (c), (d), (e), or (f) of Section 655
or of subdivision (a) or (b) of Section 192.5 of the Penal Code, or
Section 23152 or 23153 of the Vehicle Code or Section 191.5 or
subdivision (a) of Section 192.5 of the Penal Code, when the separate
conviction resulted from the operation of a motor vehicle, for
purposes of sentencing in order to avoid imposing, as part of the
sentence or as a term of probation, the minimum time in confinement
and the minimum fine, as provided in this section. When a separate
conviction is stricken by the court for purposes of sentencing, the
court shall specify the reason or reasons for the striking order. On
appeal by the people from an order striking a separate conviction, it
shall be conclusively presumed that the order was made only for the
reasons specified in the order, and the order shall be reversed if
there is no substantial basis in the record for any of those reasons.

   (k) A person who flees the scene of the crime after committing a
violation of subdivision (a), (b), or (c) of Section 192.5 of the
Penal Code shall be subject to subdivision (c) of Section 20001 of
the Vehicle Code.
   (  l  ) Any person who violates Section 654.3 is guilty
of an infraction punishable by a fine of not more than five hundred
dollars ($500) for each separate violation.
   SEC. 4.   SEC. 8.   Section 266h of the
Penal Code is amended to read:
   266h.  (a) Except as provided in subdivision (b), any person who,
knowing another person is a prostitute, lives or derives support or
maintenance in whole or in part from the earnings or proceeds of the
person's prostitution, or from money loaned or advanced to or charged
against that person by any keeper or manager or inmate of a house or
other place where prostitution is practiced or allowed, or who
solicits or receives compensation for soliciting for the person, is
guilty of pimping, a felony, and shall be punishable by imprisonment
in the state prison for three, four, or six years.
   (b) Any person who, knowing another person is a prostitute, lives
or derives support or maintenance in whole or in part from the
earnings or proceeds of the person's prostitution, or from money
loaned or advanced to or charged against that person by any keeper or
manager or inmate of a house or other place where prostitution is
practiced or allowed, or who solicits or receives compensation for
soliciting for the person, when the prostitute is a minor, is guilty
of pimping a minor, a felony, and shall be punishable as follows:
   (1) If the person engaged in prostitution is a minor 16 years of
age or older, the offense is punishable by imprisonment in the state
prison for three, four, or six years.
   (2) If the person engaged in prostitution is under 16 years of
age, the offense is punishable by imprisonment in the state prison
for three, six, or eight years.
   SEC. 5.   SEC. 9.   Section 266i of the
Penal Code is amended to read:
   266i.  (a) Except as provided in subdivision (b), any person who
does any of the following is guilty of pandering, a felony, and shall
be punishable by imprisonment in the state prison for three, four,
or six years:
   (1) Procures another person for the purpose of prostitution.
   (2) By promises, threats, violence, or by any device or scheme,
causes, induces, persuades, or encourages another person to become a
prostitute.
   (3) Procures for another person a place as an inmate in a house of
prostitution or as an inmate of any place in which prostitution is
encouraged or allowed within this state.
   (4) By promises, threats, violence, or by any device or scheme,
causes, induces, persuades, or encourages an inmate of a house of
prostitution, or any other place in which prostitution is encouraged
or allowed, to remain therein as an inmate.
   (5) By fraud or artifice, or by duress of person or goods, or by
abuse of any position of confidence or authority, procures another
person for the purpose of prostitution, or to enter any place in
which prostitution is encouraged or allowed within this state, or to
come into this state or leave this state for the purpose of
prostitution.
   (6) Receives or gives, or agrees to receive or give, any money or
thing of value for procuring, or attempting to procure, another
person for the purpose of prostitution, or to come into this state or
leave this state for the purpose of prostitution.
   (b) Any person who does any of the acts described in subdivision
(a) with another person who is a minor is guilty of pandering, a
felony, and shall be punishable as follows:
   (1) If the other person is a minor 16 years of age or older, the
offense is punishable by imprisonment in the state prison for three,
four, or six years.
   (2) If the other person is under 16 years of age, the offense is
punishable by imprisonment in the state prison for three, six, or
eight years.
   SEC. 6.   SEC. 10.   Section 273.6 of
the Penal Code is amended to read:
   273.6.  (a) Any intentional and knowing violation of a protective
order, as defined in Section 6218 of the Family Code, or of an order
issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of
Civil Procedure, or Section 15657.03 of the Welfare and Institutions
Code, is a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000), or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
   (b) In the event of a violation of subdivision (a) that results in
physical injury, the person shall be punished by a fine of not more
than two thousand dollars ($2,000), or by imprisonment in a county
jail for not less than 30 days nor more than one year, or by both
that fine and imprisonment. However, if the person is imprisoned in a
county jail for at least 48 hours, the court may, in the interest of
justice and for reasons stated on the record, reduce or eliminate
the 30-day minimum imprisonment required by this subdivision. In
determining whether to reduce or eliminate the minimum imprisonment
pursuant to this subdivision, the court shall consider the
seriousness of the facts before the court, whether there are
additional allegations of a violation of the order during the
pendency of the case before the court, the probability of future
violations, the safety of the victim, and whether the defendant has
successfully completed or is making progress with counseling.
   (c) Subdivisions (a) and (b) shall apply to the following court
orders:
   (1) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
   (2) An order excluding one party from the family dwelling or from
the dwelling of the other.
   (3) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the order described in
subdivision (a).
   (4) Any order issued by another state that is recognized under
Part 5 (commencing with Section 6400) of Division 10 of the Family
Code.
   (d) A subsequent conviction for a violation of an order described
in subdivision (a), occurring within seven years of a prior
conviction for a violation of an order described in subdivision (a)
and involving an act of violence or "a credible threat" of violence,
as defined in subdivision (c) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison.
   (e) In the event of a subsequent conviction for a violation of an
order described in subdivision (a) for an act occurring within one
year of a prior conviction for a violation of an order described in
subdivision (a) that results in physical injury to a victim, the
person shall be punished by a fine of not more than two thousand
dollars ($2,000), or by imprisonment in a county jail for not less
than six months nor more than one year, by both that fine and
imprisonment, or by imprisonment in the state prison. However, if the
person is imprisoned in a county jail for at least 30 days, the
court may, in the interest of justice and for reasons stated in the
record, reduce or eliminate the six-month minimum imprisonment
required by this subdivision. In determining whether to reduce or
eliminate the minimum imprisonment pursuant to this subdivision, the
court shall consider the seriousness of the facts before the court,
whether there are additional allegations of a violation of the order
during the pendency of the case before the court, the probability of
future violations, the safety of the victim, and whether the
defendant has successfully completed or is making progress with
counseling.
   (f) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of orders described in
subdivisions (a), (b), (d), and (e).
   (g) (1) Every person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6, 527.8, or
527.85 of the Code of Civil Procedure, or Section 15657.03 of the
Welfare and Institutions Code, shall be punished under subdivision
(g) of Section 12021.
   (2) Every person subject to a protective order described in
paragraph (1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (f) of
Section 527.9 of the Code of Civil Procedure, or subdivision (h) of
Section 6389 of the Family Code.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), (b), (c), (d), or (e), the court shall impose
probation consistent with Section 1203.097, and the conditions of
probation may include, in lieu of a fine, one or both of the
following requirements:
   (1) That the defendant make payments to a battered women's shelter
or to a shelter for abused elder persons or dependent adults, up to
a maximum of five thousand dollars ($5,000), pursuant to Section
1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   (i) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under
subdivision (e), the court shall make a determination of the
defendant's ability to pay. In no event shall any order to make
payments to a battered women's shelter be made if it would impair the
ability of the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
   SEC. 7.   SEC. 11.   Section 290.06 of
the Penal Code is amended to read:
   290.06.  Effective on or before July 1, 2008, the SARATSO, as set
forth in Section 290.04, shall be administered as follows:
   (a) (1) The Department of Corrections and Rehabilitation shall
assess every eligible person who is incarcerated in state prison.
Whenever possible, the assessment shall take place at least four
months, but no sooner than 10 months, prior to release from
incarceration.
   (2) The department shall assess every eligible person who is on
parole if the person was not assessed prior to release from state
prison. Whenever possible, the assessment shall take place at least
four months, but no sooner than 10 months, prior to termination of
parole. The department shall record in a database the risk assessment
scores of persons assessed pursuant to this paragraph and paragraph
(1), and any risk assessment score that was submitted to the
department by a probation officer pursuant to Section 1203.
   (3) The State Department of Mental Health shall assess every
eligible person who is committed to that department. Whenever
possible, the assessment shall take place at least four months, but
no sooner than 10 months, prior to release from commitment. The State
Department of Mental Health shall record in a database the risk
assessment scores of persons assessed pursuant to this paragraph and
any risk assessment score that was submitted to the department by a
probation officer pursuant to Section 1203.
   (4) Commencing January 1, 2010, the Department of Corrections and
Rehabilitation and the State Department of Mental Health shall send
the scores obtained in accordance with paragraphs (2) and (3)
respectively, to the Department of Justice Sex Offender Tracking
Program not later than 30 days after the date of the assessment. The
risk assessment score of an offender shall be made part of his or her
file maintained by the Department of Justice Sex Offender Tracking
Program as soon as possible without financial impact, but no later
than January 1, 2012.
   (5) Each probation department shall, prior to sentencing, assess
every eligible person as defined in subdivision (d), whether or not a
report is prepared pursuant to Section 1203.
   (6) Each probation department shall assess every eligible person
under its supervision who was not assessed pursuant to paragraph (5).
The assessment shall take place prior to the termination of
probation, but no later than January 1, 2010.
   (b) Eligible persons not assessed pursuant to subdivision (a) may
be assessed as follows:
   (1) Upon request of the law enforcement agency in the jurisdiction
in which the person is registered pursuant to Sections 290 to
290.023, inclusive, the person shall be assessed. The law enforcement
agency may enter into a memorandum of understanding with a probation
department to perform the assessment. In the alternative, the law
enforcement agency may arrange to have personnel trained to perform
the risk assessment in accordance with subdivision (d) of Section
290.05.
   (2) Eligible persons not assessed pursuant to subdivision (a) may
request that a risk assessment be performed. A request form shall be
available at registering law enforcement agencies. The person
requesting the assessment shall pay a fee for the assessment that
shall be sufficient to cover the cost of the assessment. The risk
assessment so requested shall be performed either by the probation
department, if a memorandum of understanding is established between
the law enforcement agency and the probation department, or by
personnel who have been trained to perform risk assessment in
accordance with subdivision (d) of Section 290.05.
   (c) On or before January 1, 2008, the SARATSO Review Committee
shall research the appropriateness and feasibility of providing a
means by which an eligible person subject to assessment may, at his
or her own expense, be assessed with the SARATSO by a governmental
entity prior to his or her scheduled assessment. If the committee
unanimously agrees that such a process is appropriate and feasible,
it shall advise the Governor and the Legislature of the selected
tool, and it shall post its decision on the Department of Corrections
and Rehabilitation's Internet Web site. Sixty days after the
decision is posted, the established process shall become effective.
   (d) For purposes of this section,"eligible person" means a person
who was convicted of an offense that requires him or her to register
as a sex offender pursuant to Section 290 and who is eligible for
assessment, pursuant to
the official Coding Rules designated for use with the risk assessment
instrument by the author of any risk assessment instrument (SARATSO)
selected by the SARATSO Review Committee.
   (e) Persons authorized to perform risk assessments pursuant to
this section, Section 1203, and Section 706 of the Welfare and
Institutions Code shall be immune from liability for good faith
conduct under this act.
   SEC. 8.   SEC. 12.   Section 786 of the
Penal Code is amended to read:
   786.  (a) When property taken in one jurisdictional territory by
burglary, carjacking, robbery, theft, or embezzlement has been
brought into another, or when property is received in one
jurisdictional territory with the knowledge that it has been stolen
or embezzled and the property was stolen or embezzled in another
jurisdictional territory, the jurisdiction of the offense is in any
competent court within either jurisdictional territory, or any
contiguous jurisdictional territory if the arrest is made within the
contiguous territory, the prosecution secures on the record the
defendant's knowing, voluntary, and intelligent waiver of the right
of vicinage, and the defendant is charged with one or more property
crimes in the arresting territory.
   (b) (1) The jurisdiction of a criminal action for unauthorized
use, retention, or transfer of personal identifying information, as
defined in subdivision (b) of Section 530.55, shall also include the
county where the theft of the personal identifying information
occurred, the county in which the victim resided at the time the
offense was committed, or the county where the information was used
for an illegal purpose. If multiple offenses of unauthorized use of
personal identifying information, either all involving the same
defendant or defendants and the same personal identifying information
belonging to the one person, or all involving the same defendant or
defendants and the same scheme or substantially similar activity,
occur in multiple jurisdictions, then any of those jurisdictions is a
proper jurisdiction for all of the offenses. Jurisdiction also
extends to all associated offenses connected together in their
commission to the underlying identity theft offense or identity theft
offenses.
   (2) When charges alleging multiple offenses of unauthorized use of
personal identifying information occurring in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court shall hold a hearing to consider whether the matter should
proceed in the county of filing, or whether one or more counts should
be severed. The district attorney filing the complaint shall present
evidence to the court that the district attorney in each county
where any of the charges could have been filed has agreed that the
matter should proceed in the county of filing. In determining whether
all counts in the complaint should be joined in one county for
prosecution, the court shall consider the location and complexity of
the likely evidence, where the majority of the offenses occurred,
whether or not the offenses involved substantially similar activity
or the same scheme, the rights of the defendant and the people, and
the convenience of, or hardship to, the victim and witnesses.
   (3) When an action for unauthorized use, retention, or transfer of
personal identifying information is filed in the county in which the
victim resided at the time the offense was committed, and no other
basis for the jurisdiction applies, the court, upon its own motion or
the motion of the defendant, shall hold a hearing to determine
whether the county of the victim's residence is the proper venue for
trial of the case. In ruling on the matter, the court shall consider
the rights of the parties, the access of the parties to evidence, the
convenience to witnesses, and the interests of justice.
   (c) This section shall not be interpreted to alter victims' rights
under Section 530.6.
   SEC. 9.   SEC. 13.   Section 1203e of
the Penal Code is amended to read:
   1203e.  (a) Commencing June 1, 2010, the probation department
shall compile a Facts of Offense Sheet for every person 
convicted of an offense that requires him or her to register as a sex
offender pursuant to Section 290  who is referred to the
department pursuant to Section 1203  , and who has been charged
in the current case with an offense requiring registration pursuant
to the Sex Offender Registration Act  . The Facts of Offense
Sheet shall contain the following information concerning the
offender: name; CII number; criminal history, including all arrests
and convictions for any registerable sex offenses or any violent
offense; circumstances of the offense for which registration is
required, including, but not limited to, weapons used and victim
pattern; and results of the State-Authorized Risk Assessment Tool for
Sex Offenders (SARATSO), as set forth in Section 290.04, if
required. The  Facts of Offense Sheet   score on
the SARATSO tool used to assess the offender  shall be included
in the probation officer's report.
   (b) The defendant may move the court to correct the  Facts
of Offense Sheet   SARATSO score  . Any
corrections to  that sheet   the score 
shall be made consistent with procedures set forth in Section 1204.
   (c) The probation officer shall send a copy of the Facts of
Offense Sheet to the Department of Justice High Risk Sex Offender
Program within 30 days of the person's sex offense conviction, and it
shall be made part of the registered sex offender's file maintained
by the Sex Offender Tracking Program. The Facts of Offense Sheet
shall thereafter be made available to law enforcement by the
Department of Justice, which shall post it with the offender's record
on the Department of Justice Internet Web site maintained pursuant
to Section 290.46, and shall be accessible only to law enforcement.
   (d) If the registered sex offender is sentenced to a period of
incarceration, at either the state prison or a county jail, the Facts
of Offense Sheet shall be sent by the Department of Corrections and
Rehabilitation or the county sheriff to the registering law
enforcement agency in the jurisdiction where the registered sex
offender will be paroled or will live on release, within three days
of the person's release. If the registered sex offender is committed
to the Department of Mental Health, the Facts of Offense Sheet shall
be sent by the Department of Mental Health to the registering law
enforcement agency in the jurisdiction where the person will live on
release, within three days of release.
   SEC. 10.   SEC. 14.   Chapter 3
(commencing with Section 1228) of Title 8 of Part 2 of the Penal
Code, as added by Section 36 of Chapter 28 of the 3rd Extraordinary
Session of the Statutes of 2009, is repealed.
   SEC. 11.   SEC. 15.   Section 1233.1 of
the Penal Code, as added by Section 2 of Chapter 608 of the Statutes
of 2009, is amended to read:
   1233.1.  After the conclusion of each calendar year following the
enactment of this section, the Director of Finance, in consultation
with the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall
calculate the following for that calendar year:
   (a) The cost to the state to incarcerate in prison and supervise
on parole a probationer sent to prison. This calculation shall take
into consideration factors, including, but not limited to, the
average length of stay in prison and on parole for probationers, as
well as the associated parole revocation rates, and revocation costs.

   (b) The statewide probation failure rate. The statewide probation
failure rate shall be calculated as the total number of adult felony
probationers statewide sent to prison in the previous year as a
percentage of the average statewide adult felony probation population
for that year.
   (c) A probation failure rate for each county. Each county's
probation failure rate shall be calculated as the number of adult
felony probationers sent to prison from that county in the previous
year as a percentage of the county's average adult felony probation
population for that year.
   (d) An estimate of the number of adult felony probationers each
county successfully prevented from being sent to prison. For each
county, this estimate shall be calculated based on the reduction in
the county's probation failure rate as calculated annually pursuant
to subdivision (c) of this section and the county's baseline
probation failure rate as calculated pursuant to Section 1233. In
making this estimate, the Director of Finance, in consultation with
the Department of Corrections and Rehabilitation, the Joint
Legislative Budget Committee, the Chief Probation Officers of
California, and the Administrative Office of the Courts, shall adjust
the calculations to account for changes in each county's adult
felony probation caseload in the most recent completed calendar year
as compared to the county's adult felony probation population during
the period 2006 to 2008, inclusive.
   (e) In calculating probation failure rates for the state and
individual counties, the number of adult felony probationers sent to
prison shall include those adult felony probationers sent to state
prison for a revocation of probation, as well as adult felony
probationers sent to state prison for a conviction of a new felony
offense. The calculation shall also include adult felony probationers
who are sent to prison for conviction of a new crime and who
simultaneously have their probation terms terminated.
   SEC. 12.   SEC. 16.   Section 1328d of
the Penal Code is amended to read:
   1328d.  Notwithstanding Section 1328, a subpoena may be delivered
by mail or messenger. Service shall be effected when the witness
acknowledges receipt of the subpoena to the sender, by telephone, by
mail,  by any form of electronic communication, including the
Internet   over the Internet by e-mail or by completion
of the sender's online form  , or in person, and identifies
himself or herself by reference to his or her date of birth and his
or her driver's license number or Department of Motor Vehicles
identification card number. The sender shall make a written notation
of the identifying information obtained during any acknowledgment by
telephone or in person.  The sender shall retain a copy of any
acknowledgment received over the Internet until the court date for
which the subpoena was issued or until any further date as specified
by the court.  A subpoena issued and acknowledged pursuant to
this section shall have the same force and effect as a subpoena
personally served. Failure to comply with a subpoena issued and
acknowledged pursuant to this section may be punished as a contempt
and the subpoena may so state; provided, that a warrant of arrest or
a body attachment may not be issued based upon a failure to appear
after being subpoenaed pursuant to this section.
   A party requesting a continuance based upon the failure of a
witness to appear in court at the time and place required for his or
her appearance or testimony pursuant to a subpoena, shall prove to
the court that the party has complied with the provisions of this
section. Such a continuance shall only be granted for a period of
time which would allow personal service of the subpoena and in no
event longer than that allowed by law, including the requirements of
Sections 861 and 1382.
   SEC. 13.   SEC. 17.   Section 1417.6 of
the Penal Code is amended to read:
   1417.6.  (a) The provisions of Section 1417.5 shall not apply to
any dangerous or deadly weapons, narcotic or poisonous drugs,
explosives, or any property of any kind or character whatsoever the
possession of which is prohibited by law and that was used by a
defendant in the commission of the crime of which the defendant was
convicted, or with which the defendant was armed or that the
defendant had upon his or her person at the time of the defendant's
arrest.
   Any of this property introduced or filed as an exhibit shall be,
by order of the trial court, destroyed or otherwise disposed of under
the conditions provided in the order no sooner than 60 days
following the final determination of the criminal action or
proceeding.
   (b) (1) Every person who knowingly has in his or her possession
any tool or device that is seized and of a type used in the
commission of a violation of Section 10801, 10802, or 10803 of the
Vehicle Code, shall be subject to having the tool or device intended
for the above purpose deemed a nuisance as provided in paragraph (2).

   (2) An evidentiary hearing shall be held only upon conviction of
the defendant for a violation of Section 10801, 10802, or 10803 of
the Vehicle Code and after 15 days' notice is given to the defendant
of the state's intent to declare as a nuisance any property that is
described in paragraph (1). All relevant evidence shall be admissible
at the hearing and the state shall prove by a preponderance of the
evidence that the property seized is of a type used in facilitating
the commission of the crime of which the defendant was convicted.
   (3) If a person purports to be the lawful owner of any tool or
device the state seeks to be declared a nuisance, the person shall
show proof by a preponderance of the evidence at the hearing pursuant
to paragraph (2), that he or she owns the tool or device, and the
illegal use of the tool or device was without his or her knowledge or
consent.
   (4) Following a determination that the property shall be declared
a nuisance, the property shall be disposed of as provided in
paragraph (2) or (3) of subdivision (c) of Section 1417.5.
   SEC. 14.   SEC. 18.   Section 12021 of
the Penal Code is amended to read:
   12021.  (a) (1) Any person who has been convicted of a felony
under the laws of the United States, the State of California, or any
other state, government, or country or of an offense enumerated in
subdivision (a), (b), or (d) of Section 12001.6, or who is addicted
to the use of any narcotic drug, and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control any firearm is guilty of a felony.
   (2) Any person who has two or more convictions for violating
paragraph (2) of subdivision (a) of Section 417 and who owns,
purchases, receives, or has in his or her possession or under his or
her custody or control any firearm is guilty of a felony.
   (b) Notwithstanding subdivision (a), any person who has been
convicted of a felony or of an offense enumerated in Section 12001.6,
when that conviction results from certification by the juvenile
court for prosecution as an adult in an adult court under Section 707
of the Welfare and Institutions Code, and who owns or has in his or
her possession or under his or her custody or control any firearm is
guilty of a felony.
   (c) (1) Except as provided in subdivision (a) or paragraph (2) of
this subdivision, any person who has been convicted of a misdemeanor
violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of
Section 148, Section 171b, 171c, 171d, 186.28, 240, 241, 242, 243,
243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422,
626.9, 646.9, 12023, or 12024, subdivision (b) or (d) of Section
12034, Section 12040, subdivision (b) of Section 12072, subdivision
(a) of former Section 12100, Section 12220, 12320, or 12590, or
Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any
firearm-related offense pursuant to Sections 871.5 and 1001.5 of the
Welfare and Institutions Code, or of the conduct punished in
paragraph (3) of subdivision (g) of Section 12072, and who, within 10
years of the conviction, owns, purchases, receives, or has in his or
her possession or under his or her custody or control, any firearm
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms prescribed by
the Department of Justice, shall notify the department of persons
subject to this subdivision. However, the prohibition in this
paragraph may be reduced, eliminated, or conditioned as provided in
paragraph (2) or (3).
   (2) Any person employed as a peace officer described in Section
830.1, 830.2, 830.31, 830.32, 830.33, or 830.5 whose employment or
livelihood is dependent on the ability to legally possess a firearm,
who is subject to the prohibition imposed by this subdivision because
of a conviction under Section 273.5, 273.6, or 646.9, may petition
the court only once for relief from this prohibition. The petition
shall be filed with the court in which the petitioner was sentenced.
If possible, the matter shall be heard before the same judge who
sentenced the petitioner. Upon filing the petition, the clerk of the
court shall set the hearing date and shall notify the petitioner and
the prosecuting attorney of the date of the hearing. Upon making each
of the following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) (i) Finds that the petitioner does not have a previous
conviction under this subdivision no matter when the prior conviction
occurred.
   (ii) In making its decision, the court shall consider the
petitioner's continued employment, the interest of justice, any
relevant evidence, and the totality of the circumstances. The court
shall require, as a condition of granting relief from the prohibition
under this section, that the petitioner agree to participate in
counseling as deemed appropriate by the court. Relief from the
prohibition shall not relieve any other person or entity from any
liability that might otherwise be imposed. It is the intent of the
Legislature that courts exercise broad discretion in fashioning
appropriate relief under this paragraph in cases in which relief is
warranted. However, nothing in this paragraph shall be construed to
require courts to grant relief to any particular petitioner. It is
the intent of the Legislature to permit persons who were convicted of
an offense specified in Section 273.5, 273.6, or 646.9 to seek
relief from the prohibition imposed by this subdivision.
   (3) Any person who is subject to the prohibition imposed by this
subdivision because of a conviction of an offense prior to that
offense being added to paragraph (1) may petition the court only once
for relief from this prohibition. The petition shall be filed with
the court in which the petitioner was sentenced. If possible, the
matter shall be heard before the same judge that sentenced the
petitioner. Upon filing the petition, the clerk of the court shall
set the hearing date and notify the petitioner and the prosecuting
attorney of the date of the hearing. Upon making each of the
following findings, the court may reduce or eliminate the
prohibition, impose conditions on reduction or elimination of the
prohibition, or otherwise grant relief from the prohibition as the
court deems appropriate:
   (A) Finds by a preponderance of the evidence that the petitioner
is likely to use a firearm in a safe and lawful manner.
   (B) Finds that the petitioner is not within a prohibited class as
specified in subdivision (a), (b), (d), (e), or (g) or Section
12021.1, and the court is not presented with any credible evidence
that the petitioner is a person described in Section 8100 or 8103 of
the Welfare and Institutions Code.
   (C) (i) Finds that the petitioner does not have a previous
conviction under this subdivision, no matter when the prior
conviction occurred.
   (ii) In making its decision, the court may consider the interest
of justice, any relevant evidence, and the totality of the
circumstances. It is the intent of the Legislature that courts
exercise broad discretion in fashioning appropriate relief under this
paragraph in cases in which relief is warranted. However, nothing in
this paragraph shall be construed to require courts to grant relief
to any particular petitioner.
   (4) Law enforcement officials who enforce the prohibition
specified in this subdivision against a person who has been granted
relief pursuant to paragraph (2) or (3) shall be immune from any
liability for false arrest arising from the enforcement of this
subdivision unless the person has in his or her possession a
certified copy of the court order that granted the person relief from
the prohibition. This immunity from liability shall not relieve any
person or entity from any other liability that might otherwise be
imposed.
   (d) (1) Any person who, as an express condition of probation, is
prohibited or restricted from owning, possessing, controlling,
receiving, or purchasing a firearm and who owns, purchases, receives,
or has in his or her possession or under his or her custody or
control, any firearm but who is not subject to subdivision (a) or (c)
is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state
prison, by a fine not exceeding one thousand dollars ($1,000), or by
both that imprisonment and fine. The court, on forms provided by the
Department of Justice, shall notify the department of persons subject
to this subdivision. The notice shall include a copy of the order of
probation and a copy of any minute order or abstract reflecting the
order and conditions of probation.
   (2) For any person who is subject to subdivision (a), (b), or (c),
the court shall, at the time judgment is imposed, provide on a form
supplied by the Department of Justice, a notice to the defendant
prohibited by this section from owning, purchasing, receiving,
possessing or having under his or her custody or control, any
firearm. The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of
firearms. Failure to provide the notice shall not be a defense to a
violation of this section.
   (e) Any person who (1) is alleged to have committed an offense
listed in subdivision (b) of Section 707 of the Welfare and
Institutions Code, an offense described in subdivision (b) of Section
1203.073, any offense enumerated in paragraph (1) of subdivision
(c), or any offense described in subdivision (a) of Section 12025,
subdivision (a) of Section 12031, or subdivision (a) of Section
12034, and (2) is subsequently adjudged a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code because the person committed an offense listed in subdivision
(b) of Section 707 of the Welfare and Institutions Code, an offense
described in subdivision (b) of Section 1203.073, any offense
enumerated in paragraph (1) of subdivision (c), or any offense
described in subdivision (a) of Section 12025, subdivision (a) of
Section 12031, or subdivision (a) of Section 12034, shall not own, or
have in his or her possession or under his or her custody or
control, any firearm until the age of 30 years. A violation of this
subdivision shall be punishable by imprisonment in a county jail not
exceeding one year or in the state prison, by a fine not exceeding
one thousand dollars ($1,000), or by both that imprisonment and fine.
The juvenile court, on forms prescribed by the Department of
Justice, shall notify the department of persons subject to this
subdivision. Notwithstanding any other law, the forms required to be
submitted to the department pursuant to this subdivision may be used
to determine eligibility to acquire a firearm.
   (f) Subdivision (a) shall not apply to a person who has been
convicted of a felony under the laws of the United States unless
either of the following criteria is satisfied:
   (1) Conviction of a like offense under California law can only
result in imposition of felony punishment.
   (2) The defendant was sentenced to a federal correctional facility
for more than 30 days, or received a fine of more than one thousand
dollars ($1,000), or received both punishments.
   (g) (1) Every person who purchases or receives, or attempts to
purchase or receive, a firearm knowing that he or she is prohibited
from doing so by a temporary restraining order or injunction issued
pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil
Procedure, a protective order as defined in Section 6218 of the
Family Code, a protective order issued pursuant to Section 136.2 or
646.91 of this code, or a protective order issued pursuant to Section
15657.03 of the Welfare and Institutions Code, is guilty of a public
offense, which shall be punishable by imprisonment in a county jail
not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (2) Every person who owns or possesses a firearm knowing that he
or she is prohibited from doing so by a temporary restraining order
or injunction issued pursuant to Section 527.6, 527.8, or 527.85 of
the Code of Civil Procedure, a protective order as defined in Section
6218 of the Family Code, a protective order issued pursuant to
Section 136.2 or 646.91 of this code, or a protective order issued
pursuant to Section 15657.03 of the Welfare and Institutions Code, is
guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment
and fine.
   (3) The Judicial Council shall provide notice on all protective
orders that the respondent is prohibited from owning, possessing,
purchasing, receiving, or attempting to purchase or receive a firearm
while the protective order is in effect. The order shall also state
that the firearm shall be relinquished to the local law enforcement
agency for that jurisdiction or sold to a licensed gun dealer, and
that proof of surrender or sale shall be filed within a specified
time of receipt of the order. The order shall state the penalties for
a violation of the prohibition. The order shall also state on its
face the expiration date for relinquishment.
                                                        (4) If
probation is granted upon conviction of a violation of this
subdivision, the court shall impose probation consistent with Section
1203.097.
   (h) (1) A violation of subdivision (a), (b), (c), (d), or (e) is
justifiable where all of the following conditions are met:
   (A) The person found the firearm or took the firearm from a person
who was committing a crime against him or her.
   (B) The person possessed the firearm no longer than was necessary
to deliver or transport the firearm to a law enforcement agency for
that agency's disposition according to law.
   (C) If the firearm was transported to a law enforcement agency, it
was transported in accordance with paragraph (18) of subdivision (a)
of Section 12026.2.
   (D) If the firearm is being transported to a law enforcement
agency, the person transporting the firearm has given prior notice to
the law enforcement agency that he or she is transporting the
firearm to the law enforcement agency for disposition according to
law.
   (2) Upon the trial for violating subdivision (a), (b), (c), (d),
or (e), the trier of fact shall determine whether the defendant was
acting within the provisions of the exemption created by this
subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she comes within the provisions of the
exemption created by this subdivision.
   (i) Subject to available funding, the Attorney General, working
with the Judicial Council, the California Alliance Against Domestic
Violence, prosecutors, and law enforcement, probation, and parole
officers, shall develop a protocol for the implementation of the
provisions of this section. The protocol shall be designed to
facilitate the enforcement of restrictions on firearm ownership,
including provisions for giving notice to defendants who are
restricted, provisions for informing those defendants of the
procedures by which defendants shall dispose of firearms when
required to do so, provisions explaining how defendants shall provide
proof of the lawful disposition of firearms, and provisions
explaining how defendants may obtain possession of seized firearms
when legally permitted to do so pursuant to this section or any other
provision of law. The protocol shall be completed on or before
January 1, 2005.
   SEC. 15.   SEC. 19.   Section 13821 of
the Penal Code is amended to read:
   13821.  (a) Of the amount deposited in the Local Safety and
Protection Account in the Transportation Fund authorized by Section
10752.2 of the Revenue and Taxation Code, the Controller shall
allocate 12.68 percent in the 2008-09 fiscal year and 11.42 percent
in the 2009-10 fiscal year, and each fiscal year thereafter, to the
California Emergency Management Agency. The Controller shall allocate
these funds on a quarterly basis beginning April 1, 2009.
   (b) These funds shall be allocated by the California Emergency
Management Agency according to the agency's existing programmatic
guidelines and consistent with the programs approved in the Budget
Act of 2008. Of the amount allocated pursuant to subdivision (a), the
California Emergency Management Agency shall distribute these funds
according to the following percentages:
   (1) The California Multi-Jurisdictional Methamphetamine
Enforcement Teams shall receive 33.95 percent in the 2008-09 fiscal
year and each fiscal year thereafter.
   (2) The Multi-Agency Gang Enforcement Consortium shall receive
0.15 percent in the 2008-09 fiscal year, and each fiscal year
thereafter.
   (3) The CALGANG program administered by the Department of Justice
shall receive 0.47 percent in the 2008-09 fiscal year, and each
fiscal year thereafter.
   (4) The Evidentiary Medical Training Program shall receive 1.02
percent in the 2008-09 fiscal year and each fiscal year thereafter.
   (5) The Public Prosecutors and Public Defenders Legal Training
program shall receive 0.01 percent in the 2008-09 fiscal year and
each fiscal year thereafter.
   (6) The Sexual Assault Felony Enforcement Teams, authorized by
Section 13887, shall receive 8.93 percent in the 2008-09 fiscal year
and each fiscal year thereafter.
   (7) The Vertical Prosecution Block Grant Program shall receive
25.35 percent in the 2008-09 fiscal year and each fiscal year
thereafter.
   (8) The High Technology Theft Apprehension and Prosecution
Program, authorized by Section 13848.2, shall receive 20.84 percent
in the 2008-09 fiscal year, and each fiscal year thereafter.
   (9) The Gang Violence Suppression Program authorized by Section
13826.1, shall receive 2.8 percent in the 2008-09 fiscal year and
each fiscal year thereafter.
   (10) The Central Valley and Central Coast Rural Crime Prevention
Programs, authorized by Sections 14170 and 14180, shall receive 6.49
percent in the 2008-09 fiscal year and each fiscal year thereafter.
   (c) Beginning in the 2009-10 fiscal year and each fiscal year
thereafter, the California Emergency Management Agency may retain up
to 3 percent of the funds allocated in subdivision (a) for program
administrative costs.
   SEC. 16.   SEC. 20.   Section 13885 of
the Penal Code is amended to read:
   13885.  The Legislature hereby finds that a substantial and
disproportionate amount of sexual offenses are committed against the
people of California by a relatively small number of multiple and
repeat sex offenders. In enacting this chapter, the Legislature
intends to support efforts of the criminal justice community through
a focused effort by law enforcement and prosecuting agencies to
identify, locate, apprehend, and prosecute sex offenders.
   SEC. 17.   SEC. 21.   Section 13885.1 of
the Penal Code is amended to read:
   13885.1.  The Attorney General shall maintain, upon appropriation
of funds by the Legislature, a statewide Sexual Predator Apprehension
Team force within the California Bureau of Investigation. The Sexual
Predator Apprehension Team force shall be comprised of California
Bureau of Investigation special agent teams throughout California.
The teams shall focus on repeat sex offenders, and perform the
following activities:
   (a) Coordinate state and local investigative resources to
apprehend high risk sex offenders and persons required to register
under Section 290 who violate the law or conditions of probation or
parole.
   (b) Target and monitor chronic repeat violent sex offenders before
the commission of additional sexual offenses.
   (c) Develop profiles in unsolved sexual assault cases.
   SEC. 18.   SEC. 22.   Section 13885.2 of
the Penal Code is amended to read:
   13885.2.  The Attorney General, subject to the availability of
funds, shall establish in the Department of Justice the High Risk Sex
Offender Program, which is hereby created, which shall receive the
Facts of Offense Sheets, pursuant to Section 1203e. The program shall
use the scores of sex offenders reported on the Facts of Offense
Sheets for the purpose of identifying, assessing, monitoring, and
containing those sex offenders at a high risk of reoffending. This
shall be a statewide program.
   It is the intent of the Legislature that this statewide program
shall not affect the operation of the Serious Habitual Offender
Program authorized by Chapter 10 (commencing with Section 13890)
involving the Counties of San Francisco, San Mateo, Santa Clara,
Santa Cruz, Alameda, Contra Costa, Napa, Sonoma, Solano, and Marin
which shall become inoperative on July 1, 1994.
   SEC. 19.   SEC. 23.   Section 13885.4 of
the Penal Code is amended to read:
   13885.4.  As used in this chapter, "high risk sex offenders" means
those persons who are required to register as sex offenders pursuant
to the Sex Offender Registration Act and who have been assessed with
a score indicating a "high risk" on the SARATSO identified for that
person's specific population as set forth in Section 290.04, or who
are identified as being at a high risk of reoffending by the
Department of Justice, based on the person's SARATSO score when
considered in combination with other, empirically based risk factors.

   SEC. 20.   SEC. 24.   Section 13885.6 of
the Penal Code is amended to read:
   13885.6.  The Department of Justice shall establish and maintain a
comprehensive file of existing information maintained by law
enforcement agencies, probation departments, the Department of
Corrections and Rehabilitation, the State Department of Mental
Health, the Department of Motor Vehicles, and the Department of
Justice. The Department of Justice may request the Department of
Corrections and Rehabilitation, the State Department of Mental
Health, the Department of Motor Vehicles, law enforcement agencies,
and probation departments to provide existing information from their
files regarding persons identified by the Department of Justice as
high risk sex offenders pursuant to Section 13885.4. The Department
of Corrections and Rehabilitation, the State Department of Mental
Health, the Department of Motor Vehicles, law enforcement agencies,
and probation departments, when requested by the Department of
Justice, shall provide copies of existing information maintained in
their files regarding persons identified by the Department of Justice
as high risk sex offenders and shall provide followup information to
the Department of Justice as it becomes available  , unless
otherwise prohibited by federal law  . This information shall
include, but is not limited to, criminal histories, Facts of Offense
Sheets, sex offender registration records, police reports, probation
and presentencing reports, judicial records and case files, juvenile
records, psychological evaluations and psychological hospital
reports, and sexually violent predator treatment program reports.
This information shall also include records that have been sealed.
This information shall be provided to the Department of Justice in a
manner and format jointly approved by the submitting department and
the Department of Justice. This high risk sex offender file shall be
maintained by the Department of Justice High Risk Sex Offender
Program and shall contain a complete physical description and method
of operation of the high risk sex offender, information describing
his or her interaction with criminal justice agencies, and his or her
prior criminal record. The Department of Justice also shall prepare
a bulletin on each high risk sex offender for distribution to law
enforcement agencies.
   SEC. 21.  SEC. 25.   Section 13885.8 of
the Penal Code is amended to read:
   13885.8.  The Department of Justice shall electronically provide a
bulletin on each high risk sex offender to law enforcement agencies
via the California Sex Offender Registry database and the California
Law Enforcement Web (CLEW).
   Upon request, the department shall provide the complete file of
information on a high risk sex offender to law enforcement agencies,
district attorneys, and the courts for the purpose of identifying,
apprehending, prosecuting, and sentencing high risk sex offenders.
   SEC. 22.   SEC. 26.   Section 40000.7 of
the Vehicle Code is amended to read:
   40000.7.  (a) A violation of any of the following provisions is a
misdemeanor, and not an infraction:
   (1) Section 2416, relating to regulations for emergency vehicles.
   (2) Section 2800, relating to failure to obey an officer's lawful
order or submit to a lawful inspection.
   (3) Section 2800.1, relating to fleeing from a peace officer.
   (4) Section 2801, relating to failure to obey a firefighter's
lawful order.
   (5) Section 2803, relating to unlawful vehicle or load.
   (6) Section 2813, relating to stopping for inspection.
   (7) Subdivisions (b), (c), and (d) of Section 4461 and
subdivisions (b) and (c) of Section 4463, relating to disabled person
placards and disabled person and disabled veteran license plates.
   (8) Section 4462.5, relating to deceptive or false evidence of
vehicle registration.
   (9) Section 4463.5, relating to deceptive or facsimile license
plates.
   (10) Section 5500, relating to the surrender of registration
documents and license plates before dismantling may begin.
   (11) Section 5506, relating to the sale of a total loss salvage
vehicle, or of a vehicle reported for dismantling by a salvage
vehicle rebuilder.
   (12) Section 5753, relating to delivery of certificates of
ownership and registration when committed by a dealer or any person
while a dealer within the preceding 12 months.
   (13) Section 5901, relating to dealers and lessor-retailers giving
notice.
   (14) Section 5901.1, relating to lessors giving notice and failure
to pay fee.
   (15) Section 8802, relating to the return of canceled, suspended,
or revoked certificates of ownership, registration cards, or license
plates, when committed by any person with intent to defraud.
   (16) Section 8803, relating to return of canceled, suspended, or
revoked documents and license plates of a dealer, manufacturer,
remanufacturer, transporter, dismantler, or salesman.
   (b) This section shall become operative on January 1, 2001.
   SEC. 23.   SEC. 27.   Section 58 of
Chapter 28 of the Third Extraordinary Session of the Statutes of 2009
is repealed.
   SEC. 24.   SEC. 28.   Any section of any
act, other than SB 1330, enacted by the Legislature during the 2010
calendar year that takes effect on or before January 1, 2011, and
that amends, amends and renumbers, adds, repeals and adds, or repeals
any one or more of the sections affected by this act shall prevail
over this act, whether this act is enacted prior to, or subsequent
to, the enactment of that act. The repeal, or repeal and addition, of
any article, chapter, part, title, or division of any code by this
act shall not become operative if any section of any other act, other
than SB 1330, that is enacted by the Legislature during the 2010
calendar year and takes effect on or before January 1, 2011, amends,
amends and renumbers, adds, repeals and adds, or repeals any section
contained in that article, chapter, part, title, or division.
   SEC. 25.   SEC. 29.   If the Commission
on State Mandates determines that this act contains 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.