AB 1060 Assembly Bill

BILL NUMBER: AB 1060	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 18, 2011

   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.
   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 
crimes against persons  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   crime
 occurred requests the exercise of jurisdiction by this state,
when the  act or omission   crime  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   a
crime  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 bill would require the owner or operator of a ship to which
this bill and specified provisions of federal law apply to notify
passengers in writing that they may directly contact local law
enforcement officials along with contact details for all appropriate
law enforcement officials for any ports visited within the state. The
bill would encourage local law enforcement agencies to enter into
agreements or memoranda of understanding with the United States Coast
Guard and Federal Bureau of Investigation to facilitate the
prosecution of crimes arising within the State of California's
special maritime criminal jurisdiction when federal agencies decline
to prosecute those crimes. 
   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.
   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.  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
  crimes against persons  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   crimes against
persons  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
  crime  occurred requests the exercise of
jurisdiction by this state.
   (d) The  act or omission   crime  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   crime  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   crime  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   crime  is one
with respect to which all states may exercise criminal jurisdiction
under international law or treaty.
   747.   An act or omission   Any crime
committed  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   Law  enforcement
officers and prosecutors acting under the authority of this state
 shall  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   a crime  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.  
   (5) Local law enforcement agencies are encouraged to enter into
agreements or memoranda of understanding with the United States Coast
Guard and the Federal Bureau of Investigation to facilitate the
prosecution of crimes against persons arising within the State of
California's special maritime criminal jurisdiction when federal
agencies decline to prosecute those crimes.  
   (6) The owner or operator of a ship to which this section and
Section 3507(c)(1) of Title 46 of the United States Code apply shall
notify passengers in writing that they may directly contact local law
enforcement officials, along with contact details for all
appropriate law enforcement officials for any ports visited within
the State of California. 
  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.