BILL NUMBER: SB 1277	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 27, 2010
	AMENDED IN SENATE  APRIL 13, 2010

INTRODUCED BY   Senator Florez

                        FEBRUARY 19, 2010

   An act to add Sections 600.6, 600.7, and 600.8 to the Penal Code,
relating to animal abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1277, as amended, Florez. Animal abuse: registry: Internet
publication.
   (1) Existing law requires persons convicted of arson and sex
crimes to register with local law enforcement, as provided. The
Department of Justice is required to make specified information about
certain sex offenders available to the public via an Internet Web
site and to update that information on an ongoing basis.
   This bill would require any person over 18 years of age who is
convicted of felony animal abuse, as defined, to register with the
appropriate law enforcement agency, as provided, for a period of 10
years  from the date of conviction  . The bill would require
that the registration consist of a signed written statement of
specified information, including, but not limited to, legal name and
aliases, date of birth, address or current location, name and address
of employer, and the specific felony animal abuse conviction for
which the person is required to register. The registration would also
consist of a photograph of the person, a complete set of
fingerprints, and a description of any tattoos, scars, or other
distinguishing features on the person's body that would assist in
identifying the person. The bill would require that, within 3 days
after the registration, the registering law enforcement agency
electronically forward the statement, fingerprints, and photograph of
the registrant to the Department of Justice. Because the bill would
require local law enforcement agencies to provide this new service,
it would impose a state-mandated local program.
   The bill would specify that any person required to register who
violates any of those provisions would be guilty of a misdemeanor,
and if the person willfully fails to register, he or she would be
guilty of a misdemeanor punishable by not less than 90 days and not
more than one year in a county jail. A person could be relieved of
the duty to register only as specified.
   The bill, on or before January 1, 2012, would require the
department to make available information concerning persons who are
required to register as a result of felony animal abuse convictions
to the public via an Internet Web site, as specified. The department
would be required to update the Internet Web site on an ongoing
basis. The name or address of the person's employer and the listed
person's criminal history other than the specific crimes for which
the person is required to register would be prohibited from being
included on the Internet Web site. The registration information that
would be required to be published on the Internet Web site would
include, but not be limited to, his or her name and known aliases, a
photograph, a physical description, including gender and race, date
of birth, criminal history, the address at which the person resides
or the county in which the person is registered as a transient, and
any other information that the Department of Justice deems relevant.
The bill would require that the department make a reasonable effort
to provide notice to affected offenders that the department is
required to make information about those people available to the
public. A person would be removed from the Internet Web site if he or
she were relieved of the duty to register, as specified.
   The bill would also (1) provide that any person who uses
information disclosed pursuant to the Internet Web site to commit a
 misdemeanor   crime  is punishable by a
fine of not less than $10,000, nor more than $50,000  , and
that the use of that information to commit a felony is punishable by
an additional 5-year term of imprisonment  ; (2) make it a
misdemeanor for an offender who is required to register to enter the
Internet Web site; and (3) provide for civil liability for the misuse
of the information from the Internet Web site. Because this bill
would create these and other new crimes as specified above, it would
impose a state-mandated local program.
   This bill would require a person who has been convicted of a
specified offense against an animal to, in addition to any other fine
imposed, pay a penalty of $200 for a misdemeanor conviction and $500
for a felony conviction. This bill would establish the Animal
Protection Fund in the State Treasury and would require the moneys
from the above fines be deposited into the fund, to be available,
upon appropriation by the Legislature, for creating, administering,
and updating the Internet Web site as required by the act, and to
local governments for spay and neuter programs.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 600.6 is added to the Penal Code, to read:
   600.6.  (a) As used in this section, "animal abuse" means a felony
conviction of Section 597, 597b, 597.5, or 600, or a felony
conviction for an attempt to commit one of those offenses, or a
felony conviction for a comparable offense in another state.
   (b) (1) Every person, over 18 years of age, described in paragraph
(2), for the periods specified therein, shall, while residing in, or
if the person has no residence, while located in, California, be
required to, within 10 days of coming into this state, or changing
the person's residence or location within any city, county, city and
county, or campus wherein the person temporarily resides, or if the
person has no residence, is located, in this state:
   (A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.
   (B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.
   (C) In addition to subparagraph (A) or (B) above, register with
the chief of police of a campus of the University of California, the
California State University, or the California Community Colleges
where the person is residing, or if the person has no residence,
where the person is located upon the campus or any of its facilities.

   (2) Any person who is convicted in any court in this state of
animal abuse shall be required to register, in accordance with the
provisions of this section, for a period of 10 years  ,
commencing from the date of conviction  .
   (c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Division of Juvenile Justice
where he or she was confined because of the commission of animal
abuse, shall, prior to the discharge, parole, or release, be informed
of his or her duty to register under this section by the official in
charge of the place of confinement. The official shall require the
person to read and sign the form as may be required by the Department
of Justice, stating that the duty of the person to register under
this section has been explained to him or her. The official in charge
of the place of confinement shall obtain the address where the
person expects to reside upon his or her discharge, parole, or
release and shall report the address to the Department of Justice.
The official in charge of the place of confinement shall give one
copy of the form to the person, and shall, not later than 45 days
prior to the scheduled release of the person, send one copy to the
appropriate law enforcement agency having local jurisdiction where
the person expects to reside upon his or her discharge, parole, or
release; one copy to the prosecuting agency that prosecuted the
person; and one copy to the Department of Justice. The official in
charge of the place of confinement shall retain one copy. All forms
shall be transmitted in time so as to be received by the local law
enforcement agency and prosecuting agency 30 days prior to the
discharge, parole, or release of the person.
   (d) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment of a
fine shall, prior to the release or discharge, be informed of his or
her duty to register under this section by the probation department
of the county in which he or she has been convicted, and the
probation officer shall require the person to read and sign the form
as may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where
the person expects to reside upon his or her release or discharge and
shall report within three days the address to the Department of
Justice. The probation officer shall give one copy of the form to the
person, and shall send one copy to the appropriate law enforcement
agency having local jurisdiction where the person expects to reside
upon his or her discharge or release, and one copy to the Department
of Justice. The probation officer shall also retain one copy.
   (e) (1) The registration shall consist of all of the following
information:
   (A) A statement in writing signed by the person, giving all of the
following information:
   (i) The legal name and any other names or aliases that the person
is using or has used.
   (ii) Date of birth.
   (iii) The current address or location of the person.
   (iv) Name and address of employer.
   (v) Animal abuse offense for which the person was convicted.
   (vi) The date and place of the animal abuse offense conviction of
the person.
   (vii) Any other information as may be required by the Department
of Justice.
   (B) The complete set of fingerprints and a photograph of the
person.
   (C) A description of any tattoos, scars, or other distinguishing
features on the person's body that would assist in identifying the
person.
   (2) Within three days after registration, the registering law
enforcement agency shall electronically forward the statement,
fingerprints, and photograph to the Department of Justice.
   (f) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address. The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency having local jurisdiction of the new place
of residence.
   (g) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of animal abuse who is required to
register under this section who willfully violates any of the
provisions thereof is guilty of a misdemeanor and shall be sentenced
to serve a term of not less than 90 days nor more than one year in a
county jail. In no event does the court have the power to absolve a
person who willfully violates this section from the obligation of
spending at least 90 days of confinement in a county jail and of
completing probation of at least one year. 
   (h) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the Board of Parole Hearings or the court, as the
case may be, shall order the parole or probation of that person
revoked.  
   (i) 
    (h)  Certain of the information required by this section
shall be open to inspection by the public, pursuant to Section
600.7, through the use of an Internet Web site maintained by the
Department of Justice, or by telephone or upon written request where
practicable. 
   (j) 
    (i)  In any case in which a person who would be required
to register pursuant to this section is to be temporarily sent
outside the institution where he or she is confined on any assignment
within a city or county, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution. This subdivision shall not apply to any person
temporarily released under guard from the institution where he or she
is confined. 
   (k) 
    (j)  Nothing in this section shall be construed to
conflict with Section 1203.4 concerning termination of probation and
release from penalties and disabilities of probation.
   A person required to register under this section may initiate a
proceeding under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under this section. This certificate shall not relieve the petitioner
of the duty to register under this section for any offense subject
to this section of which he or she is convicted in the future.
  SEC. 2.  Section 600.7 is added to the Penal Code, to read:
   600.7.  (a) (1) On or before the dates specified in this section,
the Department of Justice shall make available information concerning
persons who are required to register pursuant to Section 600.6 to
the public via an Internet Web site as specified in this section. The
department shall update the Internet Web site on an ongoing basis.
The name or address of the person's employer and the listed person's
criminal history other than the specific crimes for which the person
is required to register shall not be included on the Internet Web
site. The Internet Web site shall be translated into languages other
than English as determined by the department.
   (2) (A) On or before January 1, 2012, the Department of Justice
shall make available to the public, via an Internet Web site as
specified in this section, as to any person described in subdivision
(b), the following information:
   (i) The year of conviction of his or her most recent offense
requiring registration pursuant to Section 600.6.
   (ii) The year he or she was released from incarceration for that
offense.
   (iii) Whether he or she was subsequently incarcerated for any
other felony, if that fact is reported to the department. If the
department has no information about a subsequent incarceration for
any felony, that fact shall be noted on the Internet Web site.
   However, no year of conviction shall be made available to the
public unless the department also is able to make available the
corresponding year of release of incarceration for that offense, and
the required notation regarding any subsequent felony.
   (B) (i) Any state facility that releases from incarceration a
person who was incarcerated because of a crime for which he or she is
required to register pursuant to Section 600.6 shall, within 30 days
of release, provide the year of release for his or her most recent
offense requiring registration to the Department of Justice in a
manner and format approved by the department.
   (ii) Any state facility that releases a person who is required to
register pursuant to Section 600.6 from incarceration whose
incarceration was for a felony committed subsequent to the offense
for which he or she is required to register shall, within 30 days of
release, advise the Department of Justice of that fact.
   (b) On or before January 1, 2012, with respect to a person who has
been convicted of the commission of any of the offenses listed in
subdivision (a) of Section 600.6, the Department of Justice shall
make available to the public via the Internet Web site, the
information included in the person's registration, including, but not
limited to, his or her name and known aliases, a photograph, a
physical description, including gender and race, date of birth,
criminal history, the address at which the person resides or the
city, county, or city and county in which the person is registered as
a transient, and any other information that the Department of
Justice deems relevant, but not the information excluded pursuant to
subdivision (a).
   (c) The Department of Justice shall make a reasonable effort to
provide notification to persons who have been convicted of the
commission of an offense specified in subdivision (a) of Section
600.6, that on or before January 1, 2012, the department is required
to make information about offenders available to the public via an
Internet Web site as specified in this section.
   (d) (1) A designated law enforcement entity may make available
information concerning persons who are required to register pursuant
to Section 600.6 to the public via an Internet Web site as specified
in paragraph (2).
   (2) The law enforcement entity may make available by way of an
Internet Web site the information described in subdivision (b) if it
determines that the public disclosure of the information about a
specific offender by way of the entity's Internet Web site is
necessary to ensure the public safety based upon information
available to the entity concerning that specific offender.
   (3) The information that may be provided pursuant to this
subdivision may include the information specified in subdivision (b).

   (4) For purposes of this section, "designated law enforcement
entity" means the Department of Justice, every district attorney, the
department, the Division of Juvenile Justice of the department, and
every state or local agency expressly authorized by statute to
investigate or prosecute law violators.
   (e) Notwithstanding Section 6254.5 of the Government Code,
disclosure of information pursuant to this section is not a waiver of
exemptions under Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code and does not affect
other statutory restrictions on disclosure in other situations.
   (f) The department shall also make the information on the Internet
Web site available by telephone and upon written request where
practicable.
   (g)  (1)    Any person who uses
information disclosed pursuant to this section to commit a 
misdemeanor   crime  shall be subject to, in
addition to any other penalty or fine imposed, a fine of not less
than ten thousand dollars ($10,000) and not more than fifty thousand
dollars ($50,000). 
   (2) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison. 
   (h) Any person who is required to register pursuant to Section
600.6 who enters an Internet Web site established pursuant to this
section shall be punished by a fine not exceeding one thousand
dollars ($1,000), imprisonment in a county jail for a period not to
exceed six months, or by both that fine and imprisonment.
   (i) (1) A person is authorized to use information disclosed
pursuant to this section only to protect an animal at risk.
   (2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following is
prohibited:
   (A) Health insurance.
   (B) Insurance.
   (C) Loans.
   (D) Credit.
   (E) Employment.
   (F) Education, scholarships, or fellowships.
   (G) Housing or accommodations.
   (H) Benefits, privileges, or services provided by any business
establishment.
   (3) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3, Section 8808 of the Family Code, Section 14409.2 of the
Financial Code, Sections 1522.01 and 1596.871 of the Health and
Safety Code, and Section 432.7 of the Labor Code.
   (4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than two hundred fifty dollars ($250),
and attorney's fees, exemplary damages, or a civil penalty not
exceeding twenty-five thousand dollars ($25,000).
   (B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the information available via an Internet Web site established
pursuant to this section in violation of paragraph (2), the Attorney
General, any district attorney, or city attorney, or any person
aggrieved by the misuse is authorized to bring a civil action in the
appropriate court requesting preventive relief, including an
application for a permanent or temporary injunction, restraining
order, or other order against the person or group of persons
responsible for the pattern or practice of misuse. The foregoing
remedies shall be independent of any other remedies or procedures
that may be available to an aggrieved party under other provisions of
law, including Part 2 (commencing with Section 43) of Division 1 of
the Civil Code.
   (j) The public notification provisions of this section are
applicable to every person described in this section  ,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to Section 600.6 arose, and to every
offense described in this section, regardless of when it was
committed.   who is convicted on or after January 1,
2011. 
   (k) A designated law enforcement entity and its employees shall be
immune from liability for good faith conduct under this section.
   (l) Any person who is relieved of the duty to register pursuant to
subdivision (k) of Section 600.6 shall be removed from the Internet
Web site.
   (m) The Attorney General, in collaboration with local law
enforcement and others knowledgeable about animal abuse offenders,
shall develop strategies to assist members of the public in
understanding and using publicly available information about
registered animal abuse offenders to further public safety. These
strategies may include, but are not limited to, a hotline for
community inquiries, neighborhood and business guidelines for how to
respond to information posted on this Internet Web site, and any
other resource that promotes public education about these offenders.
  SEC. 3.  Section 600.8 is added to the Penal Code, to read:
   600.8.  (a) Any person convicted of an offense specified in
subdivision (a) of Section 600.6 shall, in addition to any other
penalty or fine imposed, be subject to a fine of two hundred dollars
($200) for each misdemeanor conviction and a fine of five hundred
dollars ($500) for each felony conviction.
   (b) Notwithstanding Section 1463.001, fines collected pursuant to
subdivision (a) shall be deposited in the Animal Protection Fund,
which is hereby created in the State Treasury. Moneys in the fund
shall be available, upon appropriation by the Legislature, and shall
be expended for the following purposes:
   (1) By the Department of Justice for creating, administering, and
updating the Internet Web site pursuant to Section 600.7.
   (2) By local governments for spay and neuter programs.
   (3) No more than 3 percent of the revenue deposited in the fund
may be used for reimbursement of costs of administration, collection,
enforcement, and auditing requirements associated with this section
and Section 600.7.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.