BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 117|
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                                 THIRD READING


          Bill No:  AB 117
          Author:   Assembly Budget Committee 
          Amended:  4/11/11 
          Vote:     21

           
          WITHOUT REFERENCE TO FILE
           
          SENATE BUDGET & FISCAL REVIEW COMMITTEE  :  Not available

           ASSEMBLY FLOOR  :  Not relevant


           SUBJECT  :    Budget Act of 2011:  Criminal Justice 
          realignment

           SOURCE  :     Author


           DIGEST  :    This bill makes specified, largely technical 
          corrections to AB 109 (Assembly Budget Committee), Chapter 
          15, Statutes of 2011, concerning public safety realignment, 
          consistent with the purposes of that bill.  These 
          corrections do the following:  (1) restore to current law 
          certain amendments unintentionally made in AB 109 to 
          several statutory provisions enacted or substantively 
          amended by voter initiatives; (2) correct technical 
          drafting errors in AB 109; and (3) correct two substantive 
          drafting errors in AB 109 pertaining to the crime of petty 
          theft with a prior, and the admission eligibility of 
          juvenile sex offenders into the state Division of Juvenile 
          Justice.

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           ANALYSIS  :    Existing law provides that certain specified 
          felonies are punishable by incarceration in state prison.  
          If AB 109 of the 2011-12 Regular Session becomes operative, 
          certain of those felonies shall instead be punishable by 
          incarceration in a county jail.

          This bill provides that, if AB 109 of the 2011-12 Regular 
          Session becomes operative, certain specified felonies would 
          continue to be punishable by incarceration in state prison. 
           This bill makes other technical changes.

          Existing law provides that petty theft is a misdemeanor, 
          except that every person who, having been convicted of 
          three or more times of petty theft, grand theft, auto 
          theft, burglary, carjacking, robbery, or receiving stolen 
          property and having served time in a penal institution 
          therefor, is subsequently convicted of petty theft, is 
          punishable by imprisonment in a county jail not exceeding 
          one year, or in the state prison.  Existing law also 
          provides that persons required to register as sex 
          offenders, or with a prior serious or violent felony 
          conviction who have been convicted and imprisoned for the 
          commission of specified crimes, including, among others, 
          petty theft, auto theft, burglary, carjacking, or robbery, 
          are subject to imprisonment in the state prison with one 
          prior qualifying offense, rather than three.  If AB 109 of 
          the 2011-12 Regular Session becomes operative, those 
          provisions subjecting persons to imprisonment in the state 
          prison with one prior qualifying offense would be deleted.

          This bill, if AB 109 of the 2011-12 Regulator Session 
          becomes operative, restores those provisions subjecting 
          persons to imprisonment in the state prison with one prior 
          qualifying offense and thereby maintain existing law.

          This bill appropriates $1,000 from the General Fund to the 
          Department of Corrections and Rehabilitation for purposes 
          of state operations.  This bill declares that it is to take 
          effect immediately as a bill providing appropriations 
          related to the Budget Bill.

          This bill restores specified statutory provisions enacted 
          or substantively amended by the following voter approved 
          initiatives which were unintentionally amended in AB 109:







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            Proposition 21  .  Passed in 2000; increased a variety of 
            criminal penalties for crimes committed by youth and 
            incorporated many youth offenders into the adult criminal 
            justice system.


            Proposition 69  .  Passed in 2004; allows for the 
            collection of DNA samples from all felons and from people 
            who have been arrested for certain crimes.


            Proposition 6  .  Passed in 1998; created new felonies 
            related to the killing of horse, donkey or mules for 
            human consumption and the sale of horsemeat.


            Proposition 83  .  Passed in 2006; among other things, 
            increased the penalties for sex offenders and broadened 
            the definition of certain sexual offenses.  This 
            proposition is also referred to as Jessica's Law.


            Proposition 187  .  Passed in 1994; designed to create a 
            state-run citizenship screening system in order to 
            prohibit undocumented persons from using health care, 
            public education, and other social services.


          Under current law, Penal Code Section 666 generally 
          provides that petty theft with a prior, as specified, is a 
          wobbler for persons who have been convicted three or more 
          times of petty theft or a related petty theft crime, as 
          specified.  However, for persons who are required to 
          register as a sex offender, or have a prior violent or 
          serious felony conviction, petty theft with a prior is a 
          wobbler regardless of their prior theft conviction history. 
            (Penal Code Section 666.)  AB 109 inadvertently changed 
          the definition of this crime, as enacted in AB 1844 
          (Fletcher), Chapter 219, Statutes of 2010.   These 
          amendments undo this inadvertent drafting error by 
          restoring the "petty with a prior" penalties applicable to 
          registered sex offenders and persons with violent or 
          serious felony priors as enacted in AB 1844. 







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          This bill clarifies that counties may enter into a 
          Memorandum of Understanding with the state to house minors 
          who are adjudicated for specified sex offenses.  

          This bill allows counties to create a joint powers 
          authority to provide for supervision of juvenile offenders.

          This bill makes purely technical reference change to Penal 
          Code Section 3000.09 related to offenders that will 
          continue to be supervised on state parole (serious, 
          violent, third strike, and high risk sex offenders).

           Prior Legislation

           AB 109 (Assembly Budget Committee), Chapter 15, Statutes of 
          2011, passed the Senate (24-16) on March 17, 2011.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes   
          Local:  No

          Once AB 109 is implemented, this bill may result in 
          approximately $2.5 million annually to the state as the 
          bill will result in an increase to the state prison 
          population of approximately 100 inmates.


          RJG:mw  4/11/11   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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