BILL NUMBER: AB 1060 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 18, 2011
An act relating to crimes. An act to add
Title 2.3 (commencing with Section 745) to Part 2 of the Penal Code,
relating to special maritime criminal jurisdiction.
LEGISLATIVE COUNSEL'S DIGEST
AB 1060, as amended, Roger Hernández. Crimes of violence: crimes
at sea: reporting. sea.
Existing law regulates harbors and navigable waters. Existing law
provides that those provisions, in so far as they are not in conflict
with the admiralty and maritime jurisdiction and laws of the United
States, apply to navigable waters of the United States. Existing law
regards as navigable and public ways the coast line of the state from
the boundary between it and Mexico on the south, to the boundary
line between it and Oregon on the north, as defined and determined by
the United States Coast and Geodetic Survey.
This bill would establish special maritime jurisdiction for
criminal acts to extend to acts or omission on board a ship outside
of the state under specified circumstances including when there is a
suspect on board a ship who is a citizen or resident of this state or
a state which consents to the jurisdiction of this state, when the
master of the ship or an official of the flag state, as defined,
commits a suspect on board the ship to the custody of a law
enforcement officer acting under the authority of this state, when
the state where the act or omission occurred requests the exercise of
jurisdiction by this state, when the act or omission occurs during a
voyage on which over 1/2 of the revenue passengers on board the ship
originally embarked and plan to finally disembark in this state, or
where the victim is a California law enforcement officer on board the
ship in connection with his or her official duties. The bill would
provide that an act or omission against the person or property of
another that is punishable by law when committed in this state shall
be punishable in the same manner when committed within the special
maritime criminal jurisdiction of this state, as specified. Because
this bill would expand the application of crimes to a new category of
people, it would impose a state-mandated local program.
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 no reimbursement is required by this
act for a specified reason.
Under existing law a cruise ship or an oceangoing ship is
prohibited from conducting onboard incineration while operating
within 3 miles of the California coast.
This bill would state the intent of the Legislature to enact
legislation to require the reporting of violent crimes that occur at
sea.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Title 2.3 (commencing with Section 745)
is added to Part 2 of the Penal Code , to
read:
TITLE 2.3. Special Maritime Criminal Jurisdiction
745. (a) The Legislature finds and declares all of the following:
(1) The State of California is a major center for international
travel and trade by sea.
(2) The state has an interest in ensuring the protection of
persons traveling to or from California by sea.
(3) The state has an interest in cooperating with the masters of
ships and the governments of the United States and the other states
in the maintenance of law and order on board ships.
(4) The interests of the state do not in principle require a
general assertion of primary jurisdiction over acts or omissions at
sea that would duplicate or conflict with the execution of any law
enforcement responsibility of any other jurisdiction.
(5) The State of California should establish special maritime
criminal jurisdiction extending to acts or omissions on board ships
outside of the state under the circumstances delimited in this
section.
(b) For purposes of this title, "flag state" means the state under
which laws a ship is registered.
(c) For purposes of this title, "ship" means any watercraft or
other contrivance used, capable of being used, or intended to be used
as a means of transportation on water, and all phases of
construction of such watercraft or contrivance.
(d) For purposes of this title, "state" means any foreign state,
the United States or any state, territory, possession, or
commonwealth thereof, or the District of Columbia.
746. The special maritime criminal jurisdiction of this state
extends to acts or omissions on board a ship outside of California
under any of the following circumstances:
(a) There is a suspect on board the ship who is a citizen or
resident of this state or a state which consents to the jurisdiction
of this state.
(b) The master of the ship or an official of the flag state
commits a suspect on board the ship to the custody of a law
enforcement officer acting under the authority of this state.
(c) The state in whose territory the act or omission occurred
requests the exercise of jurisdiction by this state.
(d) The act or omission occurs during a voyage on which over half
of the revenue passengers on board the ship originally embarked and
plan to finally disembark in this state, without regard to
intermediate stopovers.
(e) The victim is a California law enforcement officer on board
the ship in connection with his or her official duties.
(f) The act or omission is one of violence, detention, or
depredation generally recognized as criminal, and the victim is a
resident of this state.
(g) The act or omission causes or constitutes an attempt or
conspiracy to cause a substantial effect in this state that is an
element of the offense charged.
(h) The act or omission is one with respect to which all states
may exercise criminal jurisdiction under international law or treaty.
747. An act or omission against the person or property of another
that is punishable by law when committed within this state shall be
punishable in the same manner when committed within the special
maritime criminal jurisdiction of this state, provided that the
criminal laws of the United States prohibit substantially the same
act or omission on board ships of the United States registry outside
of the territory of the United States. Except for the circumstances
that are within the criteria of subdivision (g) or (h) of Section
746, it shall be an affirmative defense that the act or omission was
authorized by the master of the ship or an officer of the flag state
in accordance with the laws of the flag state and international law.
No person shall be tried under this section if that person has been
tried in good faith by another state for substantially the same act
or omission.
748. (a) The Attorney General shall take all measures necessary
to ensure that law enforcement officers and prosecutors acting under
the authority of this state respect all of the following criteria in
applying the provisions of this section:
(1) This section is not intended to assert priority over or
otherwise interfere with the exercise of criminal jurisdiction by the
United States, the flag state, or the state in whose territory an
act or omission occurs.
(2) This section shall be administered in a manner consistent with
international law, with the primary responsibility of the flag state
for the maintenance of order on board ship, and with the
responsibilities of the federal government under the Constitution,
treaties, and laws of the United States.
(3) This section shall be applied with the cooperation of the flag
state and the master of the ship where feasible.
(b) Nothing in this section shall be deemed to do any of the
following:
(1) Authorize the boarding, search, or detention of a ship or of
persons or property on board a ship without the consent of the flag
state or the master of the ship if the ship is located outside of
this state or if the necessary law enforcement activities are
otherwise beyond the jurisdiction of this state or the United States.
(2) Restrict the application or enforcement of other laws of this
state or the duty of law enforcement officers to protect human life,
property, or the marine environment from imminent harm.
(3) Constitute an assertion of jurisdiction over acts or omissions
of military or law enforcement officers authorized by a state in
accordance with international laws.
(4) Prohibit the operation of gambling, games of chance, or other
gambling activities otherwise allowable outside the territorial
waters of the State of California.
(5) Every ship shall provide notification to its passengers of
this statute at the point that a crime is reported to any member of
the ship's staff. This notification shall alert passengers that this
statute allows them to pursue additional avenues of recourse with
local law enforcement port authorities.
(6) The notification shall include the corresponding local police
and port authority telephone numbers and addresses.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.
SECTION 1. It is the intent of the Legislature
to enact legislation that would require the reporting of violent
crimes that occur at sea.