BILL ANALYSIS Ó AB 665 Page 1 Date of Hearing: May 4, 2011 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 665 (Torres) - As Amended: April 12, 2011 Policy Committee: Public Safety Vote: 7-0 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill makes a subsequent conviction for misdemeanor peeping (PC 647(j)), with the naked eye or with the use of a camera or a scope, punishable by up to one year in jail and/or a fine of up to $2,000. (Current law makes a first and any subsequent conviction for PC 647(j) by up to six months in county jail and/or a fine of up to $1,000.) FISCAL EFFECT Unknown, likely minor non-state-reimbursable local incarceration costs, to the extent these offenders actually serve more time in county jail - most likely receive probation - offset to a degree by increased fine revenue. COMMENTS 1)Rationale. The author contends this offense warrants a stiffer penalty for repeat offenses and that the increased penalty will serve as a deterrent. 2)Concerns . In general there is little evidence that penalty increases deter criminal behavior. 3)Related Legislation . a) AB 708 (Knight), which passed this committee April 13, allows a criminal complaint charging PC Sec 647(j) to be filed within one year of the date a hidden recording is AB 665 Page 2 discovered. b) SB 248 (Wyland), which failed passage in Senate Public Safety April 5, required a person convicted of violating PC 647(j) to provide a sample for DNA testing. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081