BILL NUMBER: AB 1243	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 18, 2011

   An act to amend Section 6600 of the Welfare and Institutions Code,
relating to sexually violent predators, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1243, as introduced, Fletcher. Sexually violent predators.
   Existing law defines "sexually violent predator" to mean a person
who has been convicted of a sexually violent offense against one or
more victims and who has a diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior. Existing law defines a sexually violent offense to include,
among other offenses, a conviction for any of certain specified sex
offenses that was committed prior to July 1, 1977, and that resulted
in an indeterminate prison sentence.
   This bill would make a technical, nonsubstantive change to these
provisions.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) (1) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against one or more victims
and who has a diagnosed mental disorder that makes the person a
danger to the health and safety of others in that it is likely that
he or she will engage in sexually violent criminal behavior.
   (2) For purposes of this subdivision any of the following shall be
considered a conviction for a sexually violent offense:
   (A) A prior or current conviction that resulted in a determinate
prison sentence for an offense described in subdivision (b).
   (B) A conviction for an offense described in subdivision (b) that
was committed  prior to   before  July 1,
1977, and that resulted in an indeterminate prison sentence.
   (C) A prior conviction in another jurisdiction for an offense that
includes all of the elements of an offense described in subdivision
(b).
   (D) A conviction for an offense under a predecessor statute that
includes all of the elements of an offense described in subdivision
(b).
   (E) A prior conviction for which the inmate received a grant of
probation for an offense described in subdivision (b).
   (F) A prior finding of not guilty by reason of insanity for an
offense described in subdivision (b).
   (G) A conviction resulting in a finding that the person was a
mentally disordered sex offender.
   (H) A prior conviction for an offense described in subdivision (b)
for which the person was committed to the Department of  the
Youth Authority   Corrections and Rehabilitation,
Division of Juvenile Facilities  pursuant to Section 1731.5.
   (I) A prior conviction for an offense described in subdivision (b)
that resulted in an indeterminate prison sentence.
   (3) Conviction of one or more of the crimes enumerated in this
section shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination. The existence of any
prior convictions may be shown with documentary evidence. The details
underlying the commission of an offense that led to a prior
conviction, including a predatory relationship with the victim, may
be shown by documentary evidence, including, but not limited to,
preliminary hearing transcripts, trial transcripts, probation and
sentencing reports, and evaluations by the State Department of Mental
Health. Jurors shall be admonished that they may not find a person a
sexually violent predator based on prior offenses absent relevant
evidence of a currently diagnosed mental disorder that makes the
person a danger to the health and safety of others in that it is
likely that he or she will engage in sexually violent criminal
behavior.
   (4) The provisions of this section shall apply to any person
against whom proceedings were initiated for commitment as a sexually
violent predator on or after January 1, 1996.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person, or
threatening to retaliate in the future against the victim or any
other person, and that are committed on, before, or after the
effective date of this article and result in a conviction or a
finding of not guilty by reason of insanity, as defined in
subdivision (a): a felony violation of Section 261, 262, 264.1, 269,
286, 288, 288a, 288.5, or 289 of the Penal Code, or any felony
violation of Section 207, 209, or 220 of the Penal Code, committed
with the intent to commit a violation of Section 261, 262, 264.1,
286, 288, 288a, or 289 of the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means any criminal act that manifests a
likelihood that the actor may engage in sexually violent predatory
criminal behavior.
   (g) Notwithstanding any other provision of law and for purposes of
this section, a prior juvenile adjudication of a sexually violent
offense may constitute a prior conviction for which the person
received a determinate term if all of the following apply:
   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of  the
Youth Authority   Corrections an   d
Rehabilitation, Division of Juvenile Facilities  for the
sexually violent offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender. The failure of a
minor to receive that treatment shall not constitute a defense or
bar to a determination that any person is a sexually violent predator
within the meaning of this article.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to ensure public safety and efficient treatment of
sexually violent predators at the earliest possible time, it is
necessary for this act to take effect immediately.