BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 117| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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. CONTINUED AB 117 Page 2 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: AB 117 Page 3 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. AB 117 Page 4 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 **** END ****