BILL NUMBER: AB 1060	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2012
	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 require the owner or operator of a ship to
preserve a crime scene and all physical evidence whenever a violent
crime is reported to the owner or operator of the ship at anytime
when the ship is within the jurisdiction of the state. The bill would
make the owner or operator liable for a civil fine not to exceed
$50,000 in an action brought by the district attorney for a failure
to satisfy the requirements of these provisions.  
   This bill would establish special maritime jurisdiction for 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 crime occurred
requests the exercise of jurisdiction by this state, when the 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 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
  no  . State-mandated local program:  yes
  no  .


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
  Crimes at Sea 


   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 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 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 crime occurred requests the
exercise of jurisdiction by this state.
   (d) The 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 crime is one of violence, detention, or depredation
generally recognized as criminal, and the victim is a resident of
this state.
   (g) The 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 crime is one with respect to which all states may exercise
criminal jurisdiction under international law or treaty. 

   747.  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) 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 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) 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.  
   745.  (a) At any time when a ship is within the jurisdiction of
the state and a violent crime, as defined in subdivision (c) of
Section 667.5, is reported to the owner or operator of the ship as
having been committed on board the ship, the owner or operator of the
ship shall preserve the crime scene and all physical evidence of the
crime until law enforcement officials have been notified and given
an opportunity to investigate the crime scene, including any evidence
of the crime.
   (b) As used in this section, "ship" means any watercraft or
contrivance used, or capable of being used, or intended to be used as
a means of transportation on water, that has a capacity to carry no
fewer than 100 passengers.
   (c) An owner or operator of a ship that fails to satisfy the
requirements of subdivision (a) is liable for a civil fine in an
action brought by the district attorney of not more than fifty
thousand dollars ($50,000) for each violation.
   (d) Nothing in this section shall be construed to preclude the
applicability of any other applicable provision of civil or criminal
law.  
  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.