BILL NUMBER: SB 1144	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 18, 2012

INTRODUCED BY   Senator Strickland

                        FEBRUARY 21, 2012

   An act  to amend Sections 15002.5 and 15029 of the Government
Code, to amend Sections 11100, 11106.5, 11107, 11107.1, 11165.3,
11167, 11367.5, 11643, and 11647 of, and to amend the heading of
Chapter 7 (commencing with Section 11450) of Division 10 of, the
Health and Safety Code,  to amend Section 1197.2 of the Labor
Code, and to amend Sections 19.8  and   , 243,
273.5, 290.015, 836, 916.2, 964,  1048  , 3000.08, 3000.09,
3001, 13885.1, and 13887.2  of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1144, as amended, Strickland. Crimes: public safety omnibus.
   (1) Existing law requires that any employer who willfully fails to
pay and has the ability to pay a final court judgment or final order
issued by the Labor Commissioner for all wages due to an employee
who has been discharged or who has quit within 90 days of the date
that the judgment was entered or the order became final is guilty of
a misdemeanor. If the total amount of wages due is less than $1,000,
upon conviction, the employer is required to be fined not less than
$1,000 nor more than $10,000, or imprisoned in a county jail for not
more than 6 months, for each offense. Under existing law, a
misdemeanor, unless otherwise specified, is punishable by
imprisonment in a county jail not exceeding 6 months, or a fine not
exceeding $1,000, or by both that fine and imprisonment.
   This bill would, if the total amount of wages due is exactly
$1,000, increase the maximum fine from no more than $1,000, to an
amount not less than $1,000, nor more than $10,000.
   (2) Existing law authorizes a prosecutor to file specified
misdemeanors, such as illegal gaming, as infractions unless the
defendant elects to have the case proceed as a misdemeanor, and
authorizes the court, with the consent of the defendant, to determine
that the offense is an infraction. Existing law requires that cases
on a court's calendar be disposed of in a certain order, such as
prosecution for felonies where the defendant is in custody being
tried first.
   This bill would make nontechnical changes to these provisions by
updating cross-references and deleting obsolete provisions. 
   (3) Existing law makes the crime of battery committed against any
one of certain persons who are or who have been in a specified
domestic relationship with the defendant, such as a spouse or former
spouse, punishable by a fine or by imprisonment in a county jail for
not more than one year, or by both that fine and imprisonment.
Existing law makes it a felony for a person to willfully inflict
corporal injury resulting in a traumatic condition upon a person who
is or has been in a specified domestic relationship with the
defendant, such as a spouse or a cohabitant, punishable by
imprisonment in the state prison or a county jail, or a fine, or both
imprisonment and a fine. Existing law also requires a peace officer,
when that officer is called out on a domestic violence call, to make
a good faith effort to inform a victim of his or her right to make a
citizen's arrest.  
   This bill would create an exception to the provision requiring a
peace officer to make a good faith effort to inform a victim of his
or her right to make a citizen's arrest when the officer makes an
arrest for the crimes of domestic violence described above. 

   (4) Existing law provides that a grand juror who is a current
employee of, or a former or retired employee last employed within the
prior 3 years by, an agency within the investigative jurisdiction of
the civil grand jury to inform the foreperson and court of that fact
and recuse himself or herself from participating in any grand jury
civil investigation of that agency.  
   This bill would define the term "agency" for purposes of that
provision to mean a department or operational part of a government
entity, such as a city or county, as specified.  
   (5) This bill would also make technical and clarifying changes.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

   SECTION 1.    Section 15002.5 of the   
 Government Code   is amended to read: 
   15002.5.  The Attorney General may arrange and classify the work
of the Department of Justice, and consolidate, abolish, or create
divisions, bureaus, branches, sections or units within the
department. Any statutory or other reference to the Office of the
Attorney General, the State Bureau of Criminal Identification and
Investigation, the Division of  Narcotic   Law
 Enforcement, or the  Division   Bureau
 of Gambling Control shall be construed to refer to the
division, bureau, branch, section or unit within the department which
is performing the functions referred to; and no such function shall
be abolished without express statutory authority.
   SEC. 2.    Section 15029 of the  Government
Code   is amended to read: 
   15029.  (a) The Crack Down Task Force Program is hereby created
within the Department of Justice with responsibility for
establishing, conducting, supporting, and coordinating crack down
task forces composed of state and local law enforcement agencies
targeting the investigation and apprehension of the Colombian
cartel-street gang cocaine networks.
   (b) The department shall coordinate all investigations undertaken
by task forces operating under the Crack Down Task Force Program with
all local agencies having law enforcement responsibilities within
the jurisdictions involved. The department shall also solicit
participation by appropriate federal agencies with task force
investigations whenever possible.
   The  department's Bureau of Narcotic Enforcement, Bureau
of Forensic Services, and Bureau of Investigations  
department  shall provide staffing and logistical support for
the crackdown task forces, supplying special agents, criminal
intelligence analysts, forensic experts, financial auditors,
equipment, and funding to the task forces as needed.
   (c) Local law enforcement agencies participating in the Crack Down
Task Force Program shall be reimbursed by the department for
personnel overtime costs and equipment or supplies required for task
force activities.
   SEC. 3.    Section 11100 of the   Health and
Safety Code   is amended to read: 
   11100.  (a) Any manufacturer, wholesaler, retailer, or other
person or entity in this state that sells, transfers, or otherwise
furnishes any of the following substances to any person or entity in
this state or any other state shall submit a report to the Department
of Justice of all of those transactions:
   (1) Phenyl-2-propanone.
   (2) Methylamine.
   (3) Ethylamine.
   (4) D-lysergic acid.
   (5) Ergotamine tartrate.
   (6) Diethyl malonate.
   (7) Malonic acid.
   (8) Ethyl malonate.
   (9) Barbituric acid.
   (10) Piperidine.
   (11) N-acetylanthranilic acid.
   (12) Pyrrolidine.
   (13) Phenylacetic acid.
   (14) Anthranilic acid.
   (15) Morpholine.
   (16) Ephedrine.
   (17) Pseudoephedrine.
   (18) Norpseudoephedrine.
   (19) Phenylpropanolamine.
   (20) Propionic anhydride.
   (21) Isosafrole.
   (22) Safrole.
   (23) Piperonal.
   (24) Thionylchloride.
   (25) Benzyl cyanide.
   (26) Ergonovine maleate.
   (27) N-methylephedrine.
   (28) N-ethylephedrine.
   (29) N-methylpseudoephedrine.
   (30) N-ethylpseudoephedrine.
   (31) Chloroephedrine.
   (32) Chloropseudoephedrine.
   (33) Hydriodic acid.
   (34) Gamma-butyrolactone, including butyrolactone; butyrolactone
gamma; 4-butyrolactone; 2(3H)-furanone dihydro; dihydro-2
(3H)-furanone; tetrahydro-2-furanone; 1,2-butanolide; 1,4-butanolide;
4-butanolide; gamma-hydroxybutyric acid lactone; 3-hydroxybutyric
acid lactone and 4-hydroxybutanoic acid lactone with Chemical
Abstract Service number (96-48-0).
   (35) 1,4-butanediol, including butanediol; butane-1,4-diol;
1,4-butylene glycol; butylene glycol; 1,4-dihydroxybutane;
1,4-tetramethylene glycol; tetramethylene glycol; tetramethylene
1,4-diol with Chemical Abstract Service number (110-63-4).
   (36) Red phosphorus, including white phosphorus, hypophosphorous
acid and its salts, ammonium hypophosphite, calcium hypophosphite,
iron hypophosphite, potassium hypophosphite, manganese hypophosphite,
magnesium hypophosphite, sodium hypophosphite, and phosphorous acid
and its salts.
   (37) Iodine or tincture of iodine.
   (38) Any of the substances listed by the Department of Justice in
regulations promulgated pursuant to subdivision (b).
   (b) The Department of Justice may adopt rules and regulations in
accordance with Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code that add substances
to subdivision (a) if the substance is a precursor to a controlled
substance and delete substances from subdivision (a). However, no
regulation adding or deleting a substance shall have any effect
beyond March 1 of the year following the calendar year during which
the regulation was adopted.
   (c) (1) (A) Any manufacturer, wholesaler, retailer, or other
person or entity in this state, prior to selling, transferring, or
otherwise furnishing any substance specified in subdivision (a) to
any person or business entity in this state or any other state, shall
require (A) a letter of authorization from that person or business
entity that includes the currently valid business license number or
federal Drug Enforcement Administration (DEA) registration number,
the address of the business, and a full description of how the
substance is to be used, and (B) proper identification from the
purchaser. The manufacturer, wholesaler, retailer, or other person or
entity in this state shall retain this information in a readily
available manner for three years. The requirement for a full
description of how the substance is to be used does not require the
person or business entity to reveal their chemical processes that are
typically considered trade secrets and proprietary information.
   (B) For the purposes of this paragraph, "proper identification"
for in-state or out-of-state purchasers includes two or more of the
following: federal tax identification number; seller's permit
identification number; city or county business license number;
license issued by the California Department of Health Services;
registration number issued by the Federal Drug Enforcement
Administration; precursor business permit number issued by the
 Bureau of Narcotic Enforcement of the  California
Department of Justice; driver's license; or other identification
issued by a state.
   (2) (A) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that exports a substance specified in
subdivision (a) to any person or business entity located in a foreign
country shall, on or before the date of exportation, submit to the
Department of Justice a notification of that transaction, which
notification shall include the name and quantity of the substance to
be exported and the name, address, and, if assigned by the foreign
country or subdivision thereof, business identification number of the
person or business entity located in a foreign country importing the
substance.
   (B) The department may authorize the submission of the
notification on a monthly basis with respect to repeated, regular
transactions between an exporter and an importer involving a
substance specified in subdivision (a), if the department determines
that a pattern of regular supply of the substance exists between the
exporter and importer and that the importer has established a record
of utilization of the substance for lawful purposes.
   (d) (1) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that sells, transfers, or otherwise furnishes a
substance specified in subdivision (a) to a person or business
entity in this state or any other state shall, not less than 21 days
prior to delivery of the substance, submit a report of the
transaction, which includes the identification information specified
in subdivision (c), to the Department of Justice. The Department of
Justice may authorize the submission of the reports on a monthly
basis with respect to repeated, regular transactions between the
furnisher and the recipient involving the substance or substances if
the Department of Justice determines that a pattern of regular supply
of the substance or substances exists between the manufacturer,
wholesaler, retailer, or other person or entity that sells,
transfers, or otherwise furnishes the substance or substances and the
recipient of the substance or substances, and the recipient has
established a record of utilization of the substance or substances
for lawful purposes.
   (2) The person selling, transferring, or otherwise furnishing any
substance specified in subdivision (a) shall affix his or her
signature or otherwise identify himself or herself as a witness to
the identification of the purchaser or purchasing individual, and
shall, if a common carrier is used, maintain a manifest of the
delivery to the purchaser for three years.
   (e) This section shall not apply to any of the following:
   (1) Any pharmacist or other authorized person who sells or
furnishes a substance upon the prescription of a physician, dentist,
podiatrist, or veterinarian.
   (2) Any physician, dentist, podiatrist, or veterinarian who
administers or furnishes a substance to his or her patients.
   (3) Any manufacturer or wholesaler licensed by the California
State Board of Pharmacy that sells, transfers, or otherwise furnishes
a substance to a licensed pharmacy, physician, dentist, podiatrist,
or veterinarian, or a retail distributor as defined in subdivision
(h), provided that the manufacturer or wholesaler submits records of
any suspicious sales or transfers as determined by the Department of
Justice.
   (4) Any analytical research facility that is registered with the
federal Drug Enforcement Administration of the United States
Department of Justice.
   (5)  A state-licensed health care facility that administers or
furnishes a substance to its patients.
   (6) (A) Any sale, transfer, furnishing, or receipt of any product
that contains ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine and which is lawfully sold, transferred, or
furnished over the counter without a prescription pursuant to the
federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.) or
regulations adopted thereunder. However, this section shall apply to
preparations in solid or liquid dosage form, except pediatric liquid
forms, as defined, containing ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine where the individual
transaction involves more than three packages or nine grams of
ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine.
   (B) Any ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine product subsequently removed from exemption
pursuant to Section 814 of Title 21 of the United States Code shall
similarly no longer be exempt from any state reporting or permitting
requirement, unless otherwise reinstated pursuant to subdivision (d)
or (e) of Section 814 of Title 21 of the United States Code as an
exempt product.
   (7) The sale, transfer, furnishing, or receipt of any betadine or
povidone solution with an iodine content not exceeding 1 percent in
containers of eight ounces or less, or any tincture of iodine not
exceeding 2 percent in containers of one ounce or less, that is sold
over the counter.
   (8) Any transfer of a substance specified in subdivision (a) for
purposes of lawful disposal as waste.
   (f) (1) Any person specified in subdivision (a) or (d) who does
not submit a report as required by that subdivision or who knowingly
submits a report with false or fictitious information shall be
punished by imprisonment in a county jail not exceeding six months,
by a fine not exceeding five thousand dollars ($5,000), or by both
the fine and imprisonment.
   (2) Any person specified in subdivision (a) or (d) who has
previously been convicted of a violation of paragraph (1) shall, upon
a subsequent conviction thereof, be punished by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code, or by
imprisonment in a county jail not exceeding one year, by a fine not
exceeding one hundred thousand dollars ($100,000), or by both the
fine and imprisonment.
   (g) (1) Except as otherwise provided in subparagraph (A) of
paragraph (6) of subdivision (e), it is unlawful for any
manufacturer, wholesaler, retailer, or other person to sell,
transfer, or otherwise furnish a substance specified in subdivision
(a) to a person under 18 years of age.
   (2) Except as otherwise provided in subparagraph (A) of paragraph
(6) of subdivision (e), it is unlawful for any person under 18 years
of age to possess a substance specified in subdivision (a).
   (3) Notwithstanding any other law, it is unlawful for any retail
distributor to (i) sell in a single transaction more than three
packages of a product that he or she knows to contain ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine, or (ii)
knowingly sell more than nine grams of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine, other than pediatric
liquids as defined. Except as otherwise provided in this section, the
three package per transaction limitation or nine gram per
transaction limitation imposed by this paragraph shall apply to any
product that is lawfully sold, transferred, or furnished over the
counter without a prescription pursuant to the federal Food, Drug,
and Cosmetic Act (21 U.S.C. Sec. 301 et seq.), or regulations adopted
thereunder, unless exempted from the requirements of the federal
Controlled Substances Act by the federal Drug Enforcement
Administration pursuant to Section 814 of Title 21 of the United
States Code.
   (4) (A) A first violation of this subdivision is a misdemeanor.
   (B) Any person who has previously been convicted of a violation of
this subdivision shall, upon a subsequent conviction thereof, be
punished by imprisonment in a county jail not exceeding one year, by
a fine not exceeding ten thousand dollars ($10,000), or by both the
fine and imprisonment.
   (h) For the purposes of this article, the following terms have the
following meanings:
   (1) "Drug store" is any entity described in Code 5912 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
   (2) "General merchandise store" is any entity described in Codes
5311 to 5399, inclusive, and Code 5499 of the Standard Industrial
Classification (SIC) Manual published by the United States Office of
Management and Budget, 1987 edition.
   (3) "Grocery store" is any entity described in Code 5411 of the
Standard Industrial Classification (SIC) Manual published by the
United States Office of Management and Budget, 1987 edition.
   (4) "Pediatric liquid" means a nonencapsulated liquid whose unit
measure according to product labeling is stated in milligrams,
ounces, or other similar measure. In no instance shall the dosage
units exceed 15 milligrams of phenylpropanolamine or pseudoephedrine
per five milliliters of liquid product, except for liquid products
primarily intended for administration to children under two years of
age for which the recommended dosage unit does not exceed two
milliliters and the total package content does not exceed one fluid
ounce.
   (5) "Retail distributor" means a grocery store, general
merchandise store, drugstore, or other related entity, the activities
of which, as a distributor of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products, are limited
exclusively to the sale of ephedrine, pseudoephedrine,
norpseudoephedrine, or phenylpropanolamine products for personal use
both in number of sales and volume of sales, either directly to
walk-in customers or in face-to-face transactions by direct sales.
"Retail distributor" includes an entity that makes a direct sale, but
does not include the parent company of that entity if the company is
not involved in direct sales regulated by this article.
   (6) "Sale for personal use" means the sale in a single transaction
to an individual customer for a legitimate medical use of a product
containing ephedrine, pseudoephedrine, norpseudoephedrine, or
phenylpropanolamine in dosages at or below that specified in
paragraph (3) of subdivision (g). "Sale for personal use" also
includes the sale of those products to employers to be dispensed to
employees from first-aid kits or medicine chests.
   (i) It is the intent of the Legislature that this section shall
preempt all local ordinances or regulations governing the sale by a
retail distributor of over-the-counter products containing ephedrine,
pseudoephedrine, norpseudoephedrine, or phenylpropanolamine.
   SEC. 4.    Section 11106.5 of the   Health
and Safety Code   is amended to read: 
   11106.5.  (a) The  Bureau of Narcotic Enforcement
  Department of Justice  , or an administrative law
judge sitting alone as provided in subdivision (h), may upon
petition issue an interim order suspending any permittee or imposing
permit restrictions. The petition shall include affidavits that
demonstrate, to the satisfaction of the  bureau 
 department  , both of the following:
   (1) The permittee has engaged in acts or omissions constituting a
violation of this code or has been convicted of a crime substantially
related to the permitted activity.
   (2) Permitting the permittee to operate, or to continue to operate
without restrictions, would endanger the public health, safety, or
welfare.
   (b) No interim order provided for in this section shall be issued
without notice to the permittee, unless it appears from the petition
and supporting documents that serious injury would result to the
public before the matter could be heard on notice.
   (c) Except as provided in subdivision (b), the permittee shall be
given at least 15 days' notice of the hearing on the petition for an
interim order. The notice shall include documents submitted to the
 bureau   department  in support of the
petition. If the order was initially issued without notice as
provided in subdivision (b), the permittee shall be entitled to a
hearing on the petition within 20 days of the issuance of the interim
order without notice. The permittee shall be given notice of the
hearing within two days after issuance of the initial interim order,
and shall receive all documents in support of the petition. The
failure of the  bureau   department  to
provide a hearing within 20 days following issuance of the interim
order without notice, unless the permittee waives his or her right to
the hearing, shall result in the dissolution of the interim order by
operation of law.
   (d) At the hearing on the petition for an interim order, the
permittee may do the following:
   (1) Be represented by counsel.
   (2) Have a record made of the proceedings, copies of which shall
be available to the permittee upon payment of costs computed in
accordance with the provisions for transcript costs for judicial
review contained in Section 11523 of the Government Code.
   (3) Present affidavits and other documentary evidence.
   (4) Present oral argument.
   (e) The  bureau   department  , or an
administrative law judge sitting alone as provided in subdivision
(h), shall issue a decision on the petition for interim order within
five business days following submission of the matter. The standard
of proof required to obtain an interim order pursuant to this section
shall be a preponderance of the evidence standard. If the interim
order was previously issued without notice, the  bureau
  department  shall determine whether the order
shall remain in effect, be dissolved, or be modified.
   (f) The  bureau   department  shall file
an accusation within 15 days of the issuance of an interim order. In
the case of an interim order issued without notice, the time shall
run from the date of the order issued after the noticed hearing. If
the permittee files a notice of defense, the hearing shall be held
within 30 days of the agency's receipt of the notice of defense. A
decision shall be rendered on the accusation no later than 30 days
after submission of the matter. Failure to comply with any of the
requirements in this subdivision shall dissolve the interim order by
operation of law.
   (g) Interim orders shall be subject to judicial review pursuant to
Section 1094.5 of the Code of Civil Procedure and shall be heard
only in the superior court in and for the County of Sacramento, San
Francisco, Los Angeles, or San Diego. The review of an interim order
shall be limited to a determination of whether the  bureau
  department  abused its discretion in the issuance
of the interim order. Abuse of discretion is established if the
respondent  bureau   department  has not
proceeded in the manner required by law, or if the court determines
that the interim order is not supported by substantial evidence in
light of the whole record.
   (h) The  bureau   department  may, in
its sole discretion, delegate the hearing on any petition for an
interim order to an administrative law judge in the Office of
Administrative Hearings. If the  bureau  
department  hears the noticed petition itself, an administrative
law judge shall preside at the hearing, rule on the admission and
exclusion of evidence, and advise the  bureau  
department  on matters of law. The  bureau 
 department  shall exercise all other powers relating to the
conduct of the hearing, but may delegate any or all of them to the
administrative law judge. When the petition has been delegated to an
administrative law judge, he or she shall sit alone and exercise all
of the powers of the  bureau   department 
relating to the conduct of the hearing. A decision issued by an
administrative law judge sitting alone shall be final when it is
filed with the  bureau   department  . If
the administrative law judge issues an interim order without notice,
he or she shall preside at the noticed hearing, unless unavailable,
in which case another administrative law judge may hear the matter.
The decision of the administrative law judge sitting alone on the
petition for an interim order is final, subject only to judicial
review in accordance with subdivision (g).
   (i)  (1)    Failure to comply with an interim
order issued pursuant to subdivision (a) or (b) shall constitute a
separate cause for disciplinary action against any permittee, and may
be heard at, and as a part of, the noticed hearing provided for in
subdivision (f). Allegations of noncompliance with the interim order
may be filed at any time prior to the rendering of a decision on the
accusation. Violation of the interim order is established upon proof
that the permittee was on notice of the interim order and its terms,
and that the order was in effect at the time of the violation. The
finding of a violation of an interim order made at the hearing on the
accusation shall be reviewed as a part of any review of a final
decision of the  bureau   department  .

    If 
    (2)     If  the interim order issued
by the  bureau   department  provides for
anything less than a complete suspension of the permittee and the
permittee violates the interim order prior to the hearing on the
accusation provided for in subdivision (f), the  bureau
  department  may, upon notice to the permittee and
proof of violation, modify or expand the interim order.
   (j) A plea or verdict of guilty or a conviction after a plea of
nolo contendere is deemed to be a conviction within the meaning of
this section. A certified record of the conviction shall be
conclusive evidence of the fact that the conviction occurred. The
 bureau   department  may take action under
this section notwithstanding the fact that an appeal of the
conviction may be taken.
   (k) The interim orders provided for by this section shall be in
addition to, and not a limitation on, the authority to seek
injunctive relief provided in any other provision of law.
   SEC. 5.    Section 11107 of the   Health and
Safety Code   is amended to read: 
   11107.  (a) Any manufacturer, wholesaler, retailer, or other
person or entity in this state that sells to any person or entity in
this state or any other state, any laboratory glassware or apparatus,
any chemical reagent or solvent, or any combination thereof, where
the value of the goods sold in the transaction exceeds one hundred
dollars ($100) shall do the following:
   (1) Notwithstanding any other law, in any face-to-face or
will-call sale, the seller shall prepare a bill of sale which
identifies the date of sale, cost of product, method of payment,
specific items and quantities purchased, and the proper purchaser
identification information, all of which shall be entered onto the
bill of sale or a legible copy of the bill of sale, and shall also
affix on the bill of sale his or her signature as witness to the
purchase and identification of the purchaser.
   (A) For the purposes of this section, "proper purchaser
identification" includes a valid motor vehicle operator's license or
other official and valid state-issued identification of the purchaser
that contains a photograph of the purchaser, and includes the
residential or mailing address of the purchaser, other than a post
office box number, the motor vehicle license number of the motor
vehicle used by the purchaser at the time of purchase, a description
of how the substance is to be used, and the signature of the
purchaser.
   (B) The seller shall retain the original bill of sale containing
the purchaser identification information for five years in a readily
presentable manner, and present the bill of sale containing the
purchaser identification information upon demand by any law
enforcement officer or authorized representative of the Attorney
General. Copies of these bills of sale obtained by representatives of
the Attorney General shall be maintained by the Department of
Justice for a period of not less than five years.
   (2) (A)  Notwithstanding any other law, in all sales other than
face-to-face or will-call sales the seller shall maintain for a
period of five years the following sales information: the name and
address of the purchaser, date of sale, product description, cost of
product, method of payment, method of delivery, delivery address, and
valid identifying information.
   (B) For the purposes of this paragraph, "valid identifying
information" includes two or more of the following: federal tax
identification number; resale tax identification number; city or
county business license number; license issued by the State
Department of Health Services; registration number issued by the
federal Drug Enforcement Administration; precursor
                        business permit number issued by  the
Bureau of Narcotic Enforcement of  the Department of
Justice; motor vehicle operator's license; or other identification
issued by a state.
   (C) The seller shall, upon the request of any law enforcement
officer or any authorized representative of the Attorney General,
produce a report or record of sale containing the information in a
readily presentable manner.
   (D) If a common carrier is used, the seller shall maintain a
manifest regarding the delivery in a readily presentable manner and
for a period of five years.
   (b) This section shall not apply to any wholesaler who is licensed
by the California State Board of Pharmacy and registered with the
federal Drug Enforcement Administration of the United States
Department of Justice and who sells laboratory glassware or
apparatus, any chemical reagent or solvent, or any combination
thereof, to a licensed pharmacy, physician, dentist, podiatrist, or
veterinarian.
   (c) A violation of this section is a misdemeanor.
   (d) For the purposes of this section, the following terms have the
following meanings:
   (1) "Laboratory glassware" includes, but is not limited to,
condensers, flasks, separatory funnels, and beakers.
   (2) "Apparatus" includes, but is not limited to, heating mantles,
ring stands, and rheostats.
   (3) "Chemical reagent" means a chemical that reacts chemically
with one or more precursors, but does not become part of the finished
product.
   (4) "Chemical solvent" means a chemical that does not react
chemically with a precursor or reagent and does not become part of
the finished product. A "chemical solvent" helps other chemicals mix,
cools chemical reactions, and cleans the finished product.
   SEC. 6.    Section 11107.1 of the   Health
and Safety Code   is amended to read: 
   11107.1.  (a) Any manufacturer, wholesaler, retailer, or other
person or entity in this state that sells to any person or entity in
this state or any other state any quantity of sodium cyanide,
potassium cyanide, cyclohexanone, bromobenzene, magnesium turnings,
mercuric chloride, sodium metal, lead acetate, palladium black,
hydrogen chloride gas, trichlorofluoromethane
(fluorotrichloromethane), dichlorodifluoromethane,
1,1,2-trichloro-1,2,2-trifluoroethane (trichlorotrifluoroethane),
sodium acetate, or acetic anhydride shall do the following:
   (1) (A) Notwithstanding any other provision of law, in any
face-to-face or will-call sale, the seller shall prepare a bill of
sale which identifies the date of sale, cost of sale, method of
payment, the specific items and quantities purchased and the proper
purchaser identification information, all of which shall be entered
onto the bill of sale or a legible copy of the bill of sale, and
shall also affix on the bill of sale his or her signature as witness
to the purchase and identification of the purchaser.
   (B) For the purposes of this paragraph, "proper purchaser
identification" includes a valid driver's license or other official
and valid state-issued identification of the purchaser that contains
a photograph of the purchaser, and includes the residential or
mailing address of the purchaser, other than a post office box
number, the motor vehicle license number of the motor vehicle used by
the purchaser at the time of purchase, a description of how the
substance is to be used, the Environmental Protection Agency
certification number or resale tax identification number assigned to
the individual or business entity for which the individual is
purchasing any chlorofluorocarbon product, and the signature of the
purchaser.
   (C) The seller shall retain the original bill of sale containing
the purchaser identification information for five years in a readily
presentable manner, and present the bill of sale containing the
purchaser identification information upon demand by any law
enforcement officer or authorized representative of the Attorney
General. Copies of these bills of sale obtained by representatives of
the Attorney General shall be maintained by the Department of
Justice for a period of not less than five years.
   (2) (A)  Notwithstanding any other law, in all sales other than
face-to-face or will-call sales the seller shall maintain for a
period of five years the following sales information: the name and
address of the purchaser, date of sale, product description, cost of
product, method of payment, method of delivery, delivery address, and
valid identifying information.
   (B) For the purposes of this paragraph, "valid identifying
information" includes two or more of the following: federal tax
identification number; resale tax identification number; city or
county business license number; license issued by the State
Department of Health Services; registration number issued by the
federal Drug Enforcement Administration; precursor business permit
number issued by  the Bureau of Narcotic Enforcement of
 the Department of Justice; driver's license; or other
identification issued by a state.
   (C) The seller shall, upon the request of any law enforcement
officer or any authorized representative of the Attorney General,
produce a report or record of sale containing the information in a
readily presentable manner.
   (D) If a common carrier is used, the seller shall maintain a
manifest regarding the delivery in a readily presentable manner for a
period of five years.
   (b) Any manufacturer, wholesaler, retailer, or other person or
entity in this state that purchases any item listed in subdivision
(a) of Section 11107.1 shall do the following:
   (1) Provide on the record of purchase information on the source of
the items purchased, the date of purchase, a description of the
specific items, the quantities of each item purchased, and the cost
of the items purchased.
   (2) Retain the record of purchase for three years in a readily
presentable manner and present the record of purchase upon demand to
any law enforcement officer or authorized representative of the
Attorney General.
   (c) (1) A first violation of this section is a misdemeanor.
   (2) Any person who has previously been convicted of a violation of
this section shall, upon a subsequent conviction thereof, be
punished by imprisonment in a county jail not exceeding one year, by
a fine not exceeding one hundred thousand dollars ($100,000), or both
the fine and imprisonment.
   SEC. 7.    Section 11165.3 of the   Health
and Safety Code   is amended to read: 
   11165.3.  The theft or loss of prescription forms shall be
reported immediately by the security printer or affected prescriber
to the CURES Prescription Drug Monitoring Program, but no later than
three days after the discovery of the theft or loss. This
notification may be done in writing utilizing the  Bureau of
Narcotic Enforcement 1175 Reporting Theft/Loss Form  
approved Department of Justice form  or may be reported by the
authorized subscriber through the CURES Prescription Drug Monitoring
Program.
   SEC. 8.    Section 11167 of the   Health and
Safety Code   is amended to read: 
   11167.  Notwithstanding subdivision (a) of Section 11164, in an
emergency where failure to issue a prescription may result in loss of
life or intense suffering, an order for a controlled substance may
be dispensed on an oral order, an electronic data transmission order,
or a written order not made on a controlled substance form as
specified in Section 11162.1, subject to all of the following
requirements:
   (a)  The order contains all information required by subdivision
(a) of Section 11164.
   (b)  Any written order is signed and dated by the prescriber in
ink, and the pharmacy reduces any oral or electronic data
transmission order to hard copy form prior to dispensing the
controlled substance.
   (c)  The prescriber provides a written prescription on a
controlled substance prescription form that meets the requirements of
Section 11162.1, by the seventh day following the transmission of
the initial order; a postmark by the seventh day following
transmission of the initial order shall constitute compliance.
   (d)  If the prescriber fails to comply with subdivision (c), the
pharmacy shall so notify the  Bureau of Narcotic Enforcement
  Department of Justice  in writing within 144
hours of the prescriber's failure to do so and shall make and retain
a hard copy, readily retrievable record of the prescription,
including the date and method of notification of the  Bureau
of Narcotic Enforcement   Department of Justice  .
   (e)  This section shall become operative on January 1, 2005.
   SEC. 9.    Section 11367.   5 of the 
 Health and Safety Code   is amended to read: 
   11367.5.  (a) Any sheriff, chief of police, the Chief of the
 Bureau of Narcotic Enforcement   Division of
Law Enforcement  , or the Commissioner of the California Highway
Patrol, or a designee thereof, may, in his or her discretion,
provide controlled substances in his or her possession and control to
any duly authorized peace officer or civilian drug detection canine
trainer working under the direction of a law enforcement agency,
provided the controlled substances are no longer needed as criminal
evidence and provided the person receiving the controlled substances,
if required by the Drug Enforcement Administration, possesses a
current and valid Drug Enforcement Administration registration which
specifically authorizes the recipient to possess controlled
substances while providing substance abuse training to law
enforcement or the community or while providing canine drug detection
training.
   (b) All duly authorized peace officers, while providing substance
abuse training to law enforcement or the community or while providing
canine drug detection training, in performance of their official
duties, and any person working under their immediate direction,
supervision, or instruction, are immune from prosecution under this
division.
   (c) (1) Any person receiving controlled substances pursuant to
subdivision (a) shall maintain custody and control of the controlled
substances and shall keep records regarding any loss of, or damage
to, those controlled substances.
   (2) All controlled substances shall be maintained in a secure
location approved by the dispensing agency.
   (3) Any loss shall be reported immediately to the dispensing
agency.
   (4) All controlled substances shall be returned to the dispensing
agency upon the conclusion of the training or upon demand by the
dispensing agency.
   SEC. 10.    The heading of Chapter 7 (commencing with
Section 11450) of Division 10 of the  Health and Safety
Code   is amended to read: 
      CHAPTER 7.   BUREAU OF NARCOTIC ENFORCEMENT 
 DEPARTMENT OF JUSTICE 


   SEC. 11.    Section 11643 of the   Health
and Safety Code   is amended to read: 
   11643.  To the extent moneys are available therefor,  the
Bureau of Narcotic Enforcement in  the Department of Justice
shall do the following:
   (a) In cooperation with the Commission on Peace Officer Standards
and Training provide advanced training to state and local law
enforcement personnel on the unique skills, such as detection and
identification of chemical substances, and safety precautions, such
as safe handling, storage, and disposal of toxic substances,
necessary to investigate clandestine laboratories illegally
manufacturing controlled substances.
   (b) Make safety equipment, such as protective clothing and
breathing apparatus, available to local law enforcement officials, as
needed, on a case-by-case basis in connection with investigation and
abatement of laboratories illegally manufacturing controlled
substances.
   (c) Establish enhanced enforcement teams assigned to the
investigation of clandestine laboratories illegally manufacturing
controlled substances, particularly targeting cabals operating in
multiple local jurisdictions. These teams shall include special
agents trained in investigating clandestine laboratories,
criminalists to analyze the chemicals involved, auditors to conduct
financial investigations and initiate forfeiture proceedings pursuant
to Chapter 8 (commencing with Section 11470) where warranted, and
analysts to monitor the overall pattern and network of these
clandestine laboratories across the state, to develop further cases,
and to target law enforcement efforts where needed.
   SEC. 12.    Section 11647 of the   Health
and Safety Code   is amended to read: 
   11647.  (a) The Crank-Up Task Force Program is hereby created
within the Department of Justice as part of the Clandestine
Laboratory Enforcement Program with responsibility for establishing,
conducting, supporting, and coordinating crank-up task forces
composed of state and local law enforcement agencies targeting the
investigation, seizure, and cleanup of clandestine laboratories used
to manufacture methamphetamine.
   (b) The department shall coordinate all investigations undertaken
by task forces operating under the Crank-Up Task Force Program with
all local agencies having law enforcement responsibilities within the
jurisdictions involved. The department also shall solicit
participation by appropriate federal agencies with task force
investigations whenever possible.
   The  department's Bureau of Narcotic Enforcement, Bureau
of Forensic Services, and Bureau of Investigations  
department  shall provide staffing and logistical support for
the crank-up task forces, supplying special agents, criminal
intelligence analysts, forensic experts, financial auditors,
equipment, and funding to the task forces as needed.
   (c) Local law enforcement agencies participating in the Crank-Up
Task Force Program shall be reimbursed by the department for
personnel overtime costs and equipment or supplies required for task
force activities.
   SECTION 1.   SEC. 13.   Section 1197.2
of the Labor Code is amended to read:
   1197.2.  (a) In addition to any other penalty imposed by law, an
employer who willfully fails to pay and has the ability to pay a
final court judgment or final order issued by the Labor Commissioner
for all wages due to an employee who has been discharged or who has
quit within 90 days of the date that the judgment was entered or the
order became final is guilty of a misdemeanor. For purposes of this
section, "final court judgment or final order" means a court judgment
or order as to which the time to appeal has expired and there is no
appeal pending. If the total amount of wages due is one thousand
dollars ($1,000) or less, upon conviction therefor, the employer
shall be fined not less than one thousand dollars ($1,000) nor more
than ten thousand dollars ($10,000) or imprisoned in a county jail
for not more than six months, for each offense. If the total amount
of wages due is more than one thousand dollars ($1,000) upon
conviction therefor, the employer shall be fined not less than ten
thousand dollars ($10,000) nor more than twenty thousand dollars
($20,000), or imprisoned in a county jail for not less than six
months, nor more than one year, or both the fine and imprisonment,
for each offense. If there are multiple failures to pay wages
involving more than one employee, the total amount of wages due to
all employees shall be aggregated together for purposes of
determining the level of fine and the term of imprisonment.
   (b) As used in this section, "willfully" has the same meaning as
provided in Section 7 of the Penal Code.
   (c) Nothing in this section precludes prosecution under any other
provision of law.
   SEC. 2.   SEC. 14.   Section 19.8 of the
Penal Code is amended to read:
   19.8.  The following offenses are subject to subdivision (d) of
Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, and
853.7 of this code; subdivision (c) of Section 532b, and subdivision
(o) of Section 602 of this code; subdivision (b) of Section 25658 and
Sections 21672, 25661, and 25662 of the Business and Professions
Code; Section 27204 of the Government Code; subdivision (c) of
Section 23109 and Sections 12500, 14601.1, 27150.1, 40508, and 42005
of the Vehicle Code, and any other offense which the Legislature
makes subject to subdivision (d) of Section 17. Except where a lesser
maximum fine is expressly provided for a violation of any of those
sections, any violation which is an infraction is punishable by a
fine not exceeding two hundred fifty dollars ($250).
   Except for the violations enumerated in subdivision (d) of Section
13202.5 of the Vehicle Code, and Section 14601.1 of the Vehicle Code
based upon failure to appear, a conviction for any offense made an
infraction under subdivision (d) of Section 17 is not grounds for the
suspension, revocation, or denial of any license, or for the
revocation of probation or parole of the person convicted.
   SEC. 15.    Section 243 of the   Penal Code
  is amended to read: 
   243.  (a) A battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding six months, or by both that fine and imprisonment.
   (b) When a battery is committed against the person of a peace
officer, custodial officer, firefighter, emergency medical
technician, lifeguard, security officer, custody assistant, process
server, traffic officer, code enforcement officer, animal control
officer, or search and rescue member engaged in the performance of
his or her duties, whether on or off duty, including when the peace
officer is in a police uniform and is concurrently performing the
duties required of him or her as a peace officer while also employed
in a private capacity as a part-time or casual private security guard
or patrolman, or a nonsworn employee of a probation department
engaged in the performance of his or her duties, whether on or off
duty, or a physician or nurse engaged in rendering emergency medical
care outside a hospital, clinic, or other health care facility, and
the person committing the offense knows or reasonably should know
that the victim is a peace officer, custodial officer, firefighter,
emergency medical technician, lifeguard, security officer, custody
assistant, process server, traffic officer, code enforcement officer,
animal control officer, or search and rescue member engaged in the
performance of his or her duties, nonsworn employee of a probation
department, or a physician or nurse engaged in rendering emergency
medical care, the battery is punishable by a fine not exceeding two
thousand dollars ($2,000), or by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment.
   (c) (1) When a battery is committed against a custodial officer,
firefighter, emergency medical technician, lifeguard, process server,
traffic officer, or animal control officer engaged in the
performance of his or her duties, whether on or off duty, or a
nonsworn employee of a probation department engaged in the
performance of his or her duties, whether on or off duty, or a
physician or nurse engaged in rendering emergency medical care
outside a hospital, clinic, or other health care facility, and the
person committing the offense knows or reasonably should know that
the victim is a nonsworn employee of a probation department,
custodial officer, firefighter, emergency medical technician,
lifeguard, process server, traffic officer, or animal control officer
engaged in the performance of his or her duties, or a physician or
nurse engaged in rendering emergency medical care, and an injury is
inflicted on that victim, the battery is punishable by a fine of not
more than two thousand dollars ($2,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
or by imprisonment pursuant to subdivision (h) of Section 1170 for 16
months, or two or three years.
   (2) When the battery specified in paragraph (1) is committed
against a peace officer engaged in the performance of his or her
duties, whether on or off duty, including when the peace officer is
in a police uniform and is concurrently performing the duties
required of him or her as a peace officer while also employed in a
private capacity as a part-time or casual private security guard or
patrolman and the person committing the offense knows or reasonably
should know that the victim is a peace officer engaged in the
performance of his or her duties, the battery is punishable by a fine
of not more than ten thousand dollars ($10,000), or by imprisonment
in a county jail not exceeding one year or pursuant to subdivision
(h) of Section 1170 for 16 months, or two or three years, or by both
that fine and imprisonment.
   (d) When a battery is committed against any person and serious
bodily injury is inflicted on the person, the battery is punishable
by imprisonment in a county jail not exceeding one year or
imprisonment pursuant to subdivision (h) of Section 1170 for two,
three, or four years.
   (e) (1) When a battery is committed against a spouse, a person
with whom the defendant is cohabiting, a person who is the parent of
the defendant's child, former spouse, fiancé, or fiancée, or a person
with whom the defendant currently has, or has previously had, a
dating or engagement relationship, the battery is punishable by a
fine not exceeding two thousand dollars ($2,000), or by imprisonment
in a county jail for a period of not more than one year, or by both
that fine and imprisonment. If probation is granted, or the execution
or imposition of the sentence is suspended, it shall be a condition
thereof that the defendant participate in, for no less than one year,
and successfully complete, a batterer's treatment program, as
described in Section 1203.097, or if none is available, another
appropriate counseling program designated by the court. However, this
provision shall not be construed as requiring a city, a county, or a
city and county to provide a new program or higher level of service
as contemplated by Section 6 of Article XIII B of the California
Constitution.
   (2) Upon conviction of a violation of this subdivision, if
probation is granted, the conditions of probation may include, in
lieu of a fine, one or both of the following requirements:
   (A) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000).
   (B) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. If the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property shall not be
used to discharge the liability of the offending spouse for
restitution to the injured spouse, required by Section 1203.04, as
operative on or before August 2, 1995, or Section 1202.4, or to a
shelter for costs with regard to the injured spouse and dependents,
required by this section, until all separate property of the
offending spouse is exhausted.
   (3) Upon conviction of a violation of this subdivision, if
probation is granted or the execution or imposition of the sentence
is suspended and the person has been previously convicted of a
violation of this subdivision and sentenced under paragraph (1), the
person shall be imprisoned for not less than 48 hours in addition to
the conditions in paragraph (1). However, the court, upon a showing
of good cause, may elect not to impose the mandatory minimum
imprisonment as required by this subdivision and may, under these
circumstances, grant probation or order the suspension of the
execution or imposition of the sentence.
   (4) The Legislature finds and declares that these specified crimes
merit special consideration when imposing a sentence so as to
display society's condemnation for these crimes of violence upon
victims with whom a close relationship has been formed. 
   (5) If a peace officer makes an arrest for a violation of
paragraph (1) of subdivision (e) of this section, the peace officer
is not required to inform the victim of his or her right to make a
citizen's arrest pursuant to subdivision (b) of Section 836. 
   (f) As used in this section:
   (1) "Peace officer" means any person defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
   (2) "Emergency medical technician" means a person who is either an
EMT-I, EMT-II, or EMT-P (paramedic), and possesses a valid
certificate or license in accordance with the standards of Division
2.5 (commencing with Section 1797) of the Health and Safety Code.
   (3) "Nurse" means a person who meets the standards of Division 2.5
(commencing with Section 1797) of the Health and Safety Code.
   (4) "Serious bodily injury" means a serious impairment of physical
condition, including, but not limited to, the following: loss of
consciousness; concussion; bone fracture; protracted loss or
impairment of function of any bodily member or organ; a wound
requiring extensive suturing; and serious disfigurement.
   (5) "Injury" means any physical injury which requires professional
medical treatment.
   (6) "Custodial officer" means any person who has the
responsibilities and duties described in Section 831 and who is
employed by a law enforcement agency of any city or county or who
performs those duties as a volunteer.
   (7) "Lifeguard" means a person defined in paragraph (5) of
subdivision (d) of Section 241.
   (8) "Traffic officer" means any person employed by a city, county,
or city and county to monitor and enforce state laws and local
ordinances relating to parking and the operation of vehicles.
   (9) "Animal control officer" means any person employed by a city,
county, or city and county for purposes of enforcing animal control
laws or regulations.
   (10) "Dating relationship" means frequent, intimate associations
primarily characterized by the expectation of affectional or sexual
involvement independent of financial considerations.
   (11) (A) "Code enforcement officer" means any person who is not
described in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 and who is employed by any governmental subdivision, public or
quasi-public corporation, public agency, public service corporation,
any town, city, county, or municipal corporation, whether
incorporated or
chartered, who has enforcement authority for health, safety, and
welfare requirements, and whose duties include enforcement of any
statute, rules, regulations, or standards, and who is authorized to
issue citations, or file formal complaints.
   (B) "Code enforcement officer" also includes any person who is
employed by the Department of Housing and Community Development who
has enforcement authority for health, safety, and welfare
requirements pursuant to the Employee Housing Act (Part 1 (commencing
with Section 17000) of Division 13 of the Health and Safety Code);
the State Housing Law (Part 1.5 (commencing with Section 17910) of
Division 13 of the Health and Safety Code); the Manufactured Housing
Act of 1980 (Part 2 (commencing with Section 18000) of Division 13 of
the Health and Safety Code); the Mobilehome Parks Act (Part 2.1
(commencing with Section 18200) of Division 13 of the Health and
Safety Code); and the Special Occupancy Parks Act (Part 2.3
(commencing with Section 18860) of Division 13 of the Health and
Safety Code).
   (12) "Custody assistant" means any person who has the
responsibilities and duties described in Section 831.7 and who is
employed by a law enforcement agency of any city, county, or city and
county.
   (13) "Search and rescue member" means any person who is part of an
organized search and rescue team managed by a government agency.
   (14) "Security officer" means any person who has the
responsibilities and duties described in Section 831.4 and who is
employed by a law enforcement agency of any city, county, or city and
county.
   (g) It is the intent of the Legislature by amendments to this
section at the 1981-82 and 1983-84 Regular Sessions to abrogate the
holdings in cases such as People v. Corey, 21 Cal. 3d 738, and
Cervantez v. J.C. Penney Co., 24 Cal. 3d 579, and to reinstate prior
judicial interpretations of this section as they relate to criminal
sanctions for battery on peace officers who are employed, on a
part-time or casual basis, while wearing a police uniform as private
security guards or patrolmen and to allow the exercise of peace
officer powers concurrently with that employment.
   SEC. 16.    Section 273.5 of the   Penal
Code   is amended to read: 
   273.5.  (a) Any person who willfully inflicts upon a person who is
his or her spouse, former spouse, cohabitant, former cohabitant, or
the mother or father of his or her child, corporal injury resulting
in a traumatic condition is guilty of a felony, and upon conviction
thereof shall be punished by imprisonment in the state prison for
two, three, or four years, or in a county jail for not more than one
year, or by a fine of up to six thousand dollars ($6,000) or by both
that fine and imprisonment.
   (b) Holding oneself out to be the husband or wife of the person
with whom one is cohabiting is not necessary to constitute
cohabitation as the term is used in this section.
   (c) As used in this section, "traumatic condition" means a
condition of the body, such as a wound, or external or internal
injury, including, but not limited to, injury as a result of
strangulation or suffocation, whether of a minor or serious nature,
caused by a physical force. For purposes of this section,
"strangulation" and "suffocation" include impeding the normal
breathing or circulation of the blood of a person by applying
pressure on the throat or neck.
   (d) For the purpose of this section, a person shall be considered
the father or mother of another person's child if the alleged male
parent is presumed the natural father under Sections 7611 and 7612 of
the Family Code.
   (e) (1) Any person convicted of violating this section for acts
occurring within seven years of a previous conviction under
subdivision (a), or subdivision (d) of Section 243, or Section 243.4,
244, 244.5, or 245, shall be punished by imprisonment in a county
jail for not more than one year, or by imprisonment in the state
prison for two, four, or five years, or by both imprisonment and a
fine of up to ten thousand dollars ($10,000).
   (2) Any person convicted of a violation of this section for acts
occurring within seven years of a previous conviction under
subdivision (e) of Section 243 shall be punished by imprisonment in
the state prison for two, three, or four years, or in a county jail
for not more than one year, or by a fine of up to ten thousand
dollars ($10,000), or by both that imprisonment and fine.
   (f) If probation is granted to any person convicted under
subdivision (a), the court shall impose probation consistent with the
provisions of Section 1203.097.
   (g) If probation is granted, or the execution or imposition of a
sentence is suspended, for any defendant convicted under subdivision
(a) who has been convicted of any prior offense specified in
subdivision (e), the court shall impose one of the following
conditions of probation:
   (1) If the defendant has suffered one prior conviction within the
previous seven years for a violation of any offense specified in
subdivision (e), it shall be a condition thereof, in addition to the
provisions contained in Section 1203.097, that he or she be
imprisoned in a county jail for not less than 15 days.
   (2) If the defendant has suffered two or more prior convictions
within the previous seven years for a violation of any offense
specified in subdivision (e), it shall be a condition of probation,
in addition to the provisions contained in Section 1203.097, that he
or she be imprisoned in a county jail for not less than 60 days.
   (3) The court, upon a showing of good cause, may find that the
mandatory imprisonment required by this subdivision shall not be
imposed and shall state on the record its reasons for finding good
cause.
   (h) If probation is granted upon conviction of a violation of
subdivision (a), the conditions of probation may include, consistent
with the terms of probation imposed pursuant to Section 1203.097, in
lieu of a fine, one or both of the following requirements:
   (1) That the defendant make payments to a battered women's
shelter, up to a maximum of five thousand dollars ($5,000), pursuant
to Section 1203.097.
   (2) That the defendant reimburse the victim for reasonable costs
of counseling and other reasonable expenses that the court finds are
the direct result of the defendant's offense.
   For any order to pay a fine, make payments to a battered women's
shelter, or pay restitution as a condition of probation under this
subdivision, the court shall make a determination of the defendant's
ability to pay. In no event shall any order to make payments to a
battered women's shelter be made if it would impair the ability of
the defendant to pay direct restitution to the victim or
court-ordered child support. Where the injury to a married person is
caused in whole or in part by the criminal acts of his or her spouse
in violation of this section, the community property may not be used
to discharge the liability of the offending spouse for restitution to
the injured spouse, required by Section 1203.04, as operative on or
before August 2, 1995, or Section 1202.4, or to a shelter for costs
with regard to the injured spouse and dependents, required by this
section, until all separate property of the offending spouse is
exhausted.
   (i) Upon conviction under subdivision (a), the sentencing court
shall also consider issuing an order restraining the defendant from
any contact with the victim, which may be valid for up to 10 years,
as determined by the court. It is the intent of the Legislature that
the length of any restraining order be based upon the seriousness of
the facts before the court, the probability of future violations, and
the safety of the victim and his or her immediate family. This
protective order may be issued by the court whether the defendant is
sentenced to state prison, county jail, or if imposition of sentence
is suspended and the defendant is placed on probation. 
   (j) If a peace officer makes an arrest for a violation of this
section, the peace officer is not required to inform the victim of
his or her right to make a citizen's arrest pursuant to subdivision
(b) of Section 836. 
   SEC. 17.    Section 290.015 of the   Penal
Code   is amended to read: 
   290.015.  (a) A person who is subject to the Act shall register,
or reregister if he or she has previously registered, upon release
from incarceration, placement, commitment, or release on probation
pursuant to subdivision (b) of Section 290. This section shall not
apply to a person who is incarcerated for less than 30 days if he or
she has registered as required by the Act, he or she returns after
incarceration to the last registered address, and the annual update
of registration that is required to occur within five working days of
his or her birthday, pursuant to subdivision (a) of Section 290.012,
did not fall within that incarceration period. The registration
shall consist of all of the following:
   (1) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
   (2) The fingerprints and a current photograph of the person taken
by the registering official.
   (3) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
   (4) Notice to the person that, in addition to the requirements of
the Act, he or she may have a duty to register in any other state
where he or she may relocate.
   (5) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she has
a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the date he or she is allowed to register.
   (b) Within three days thereafter, the registering law enforcement
agency or agencies shall forward the statement, fingerprints,
photograph, and vehicle license plate number, if any, to the
Department of Justice.
   (c) (1) If a person fails to register in accordance with
subdivision (a) after release, the district attorney in the
jurisdiction where the person was to be paroled or to be on probation
may request that a warrant be issued for the person's arrest and
shall have the authority to prosecute that person pursuant to Section
290.018.
   (2) If the person was not on parole or probation  or on
postrelease community supervision or mandatory supervision  at
the time of release, the district attorney in the following
applicable jurisdiction shall have the authority to prosecute that
person pursuant to Section 290.018:
   (A) If the person was previously registered, in the jurisdiction
in which the person last registered.
   (B) If there is no prior registration, but the person indicated on
the Department of Justice notice of sex offender registration
requirement form where he or she expected to reside, in the
jurisdiction where he or she expected to reside.
   (C) If neither subparagraph (A) nor (B) applies, in the
jurisdiction where the offense subjecting the person to registration
pursuant to this Act was committed.
   SEC. 18.   Section 836 of the   Penal Code
  is amended to read: 
   836.  (a) A peace officer may arrest a person in obedience to a
warrant, or, pursuant to the authority granted to him or her by
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
without a warrant, may arrest a person whenever any of the following
circumstances occur:
   (1) The officer has probable cause to believe that the person to
be arrested has committed a public offense in the officer's presence.

   (2) The person arrested has committed a felony, although not in
the officer's presence.
   (3) The officer has probable cause to believe that the person to
be arrested has committed a felony, whether or not a felony, in fact,
has been committed.
   (b) Any time a peace officer is called out on a domestic violence
call, it shall be mandatory that the officer make a good faith effort
to inform the victim of his or her right to make a citizen's arrest
 , unless the peace officer makes an arrest for a violation of
paragraph (1) of subdivision (e) of Section 243 or 273.5  . This
information shall include advising the victim how to safely execute
the arrest.
   (c) (1) When a peace officer is responding to a call alleging a
violation of a domestic violence protective or restraining order
issued under Section 527.6 of the Code of Civil Procedure, the Family
Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of
Section 1203.097 of this code, Section 213.5 or 15657.03 of the
Welfare and Institutions Code, or of a domestic violence protective
or restraining order issued by the court of another state, tribe, or
territory and the peace officer has probable cause to believe that
the person against whom the order is issued has notice of the order
and has committed an act in violation of the order, the officer
shall, consistent with subdivision (b) of Section 13701, make a
lawful arrest of the person without a warrant and take that person
into custody whether or not the violation occurred in the presence of
the arresting officer. The officer shall, as soon as possible after
the arrest, confirm with the appropriate authorities or the Domestic
Violence Protection Order Registry maintained pursuant to Section
6380 of the Family Code that a true copy of the protective order has
been registered, unless the victim provides the officer with a copy
of the protective order.
   (2) The person against whom a protective order has been issued
shall be deemed to have notice of the order if the victim presents to
the officer proof of service of the order, the officer confirms with
the appropriate authorities that a true copy of the proof of service
is on file, or the person against whom the protective order was
issued was present at the protective order hearing or was informed by
a peace officer of the contents of the protective order.
   (3) In situations where mutual protective orders have been issued
under Division 10 (commencing with Section 6200) of the Family Code,
liability for arrest under this subdivision applies only to those
persons who are reasonably believed to have been the dominant
aggressor. In those situations, prior to making an arrest under this
subdivision, the peace officer shall make reasonable efforts to
identify, and may arrest, the dominant aggressor involved in the
incident. The dominant aggressor is the person determined to be the
most significant, rather than the first, aggressor. In identifying
the dominant aggressor, an officer shall consider (A) the intent of
the law to protect victims of domestic violence from continuing
abuse, (B) the threats creating fear of physical injury, (C) the
history of domestic violence between the persons involved, and (D)
whether either person involved acted in self-defense.
   (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
commits an assault or battery upon a current or former spouse,
fiancé, fiancée, a current or former cohabitant as defined in Section
6209 of the Family Code, a person with whom the suspect currently is
having or has previously had an engagement or dating relationship,
as defined in paragraph (10) of subdivision (f) of Section 243, a
person with whom the suspect has parented a child, or is presumed to
have parented a child pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12 of the Family Code), a
child of the suspect, a child whose parentage by the suspect is the
subject of an action under the Uniform Parentage Act, a child of a
person in one of the above categories, any other person related to
the suspect by consanguinity or affinity within the second degree, or
any person who is 65 years of age or older and who is related to the
suspect by blood or legal guardianship, a peace officer may arrest
the suspect without a warrant where both of the following
circumstances apply:
   (1) The peace officer has probable cause to believe that the
person to be arrested has committed the assault or battery, whether
or not it has in fact been committed.
   (2) The peace officer makes the arrest as soon as probable cause
arises to believe that the person to be arrested has committed the
assault or battery, whether or not it has in fact been committed.
   (e) In addition to the authority to make an arrest without a
warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
peace officer may, without a warrant, arrest a person for a violation
of Section 25400 when all of the following apply:
   (1) The officer has reasonable cause to believe that the person to
be arrested has committed the violation of Section 25400.
   (2) The violation of Section 25400 occurred within an airport, as
defined in Section 21013 of the Public Utilities Code, in an area to
which access is controlled by the inspection of persons and property.

   (3) The peace officer makes the arrest as soon as reasonable cause
arises to believe that the person to be arrested has committed the
violation of Section 25400.
   SEC. 19.    Section 916.2 of the   Penal
Code  is amended to read: 
   916.2.  (a) Notwithstanding any other provision of law, a grand
juror who is a current employee of, or a former or retired employee
last employed within the prior three years by, an agency within the
investigative jurisdiction of the civil grand jury shall inform the
foreperson and court of that fact and shall recuse himself or herself
from participating in any grand jury civil investigation of that
agency, including any discussion or vote concerning a civil
investigation of that agency.
   (b) This section shall be in addition to any local policies or
rules regarding conflict of interest for grand jurors. 
   (c) For purposes of this section, "agency" means a department or
operational part of a government entity, such as a city, county, city
and county, school district, or other local government body. 
   SEC. 20.    Section 964 of the   Penal Code
  is amended to read: 
   964.  (a) In each county, the district attorney and the courts, in
consultation with any local law enforcement agencies that may desire
to provide information or other assistance, shall establish a
mutually agreeable procedure to protect confidential personal
information regarding any witness or victim contained in a police
report, arrest report, or investigative report if one of these
reports is submitted to a court by a prosecutor in support of a
criminal complaint, indictment, or information, or by a prosecutor or
law enforcement officer in support of a search warrant or an arrest
warrant.
   (b) For purposes of this section, "confidential personal
information" includes, but is not limited to, an address, telephone
number, driver's license or California Identification Card number,
social security number, date of birth, place of employment, employee
identification number, mother's maiden name, demand deposit account
number, savings or checking account number, or credit card number.
   (c) (1) This section may not be construed to impair or affect the
provisions of Chapter 10 (commencing with Section 1054) of Title 6 of
Part 2.
   (2) This section may not be construed to impair or affect
procedures regarding informant disclosure provided by Sections 1040
to 1042, inclusive, of the Evidence Code, or as altering procedures
regarding sealed search warrant affidavits as provided by People v.
Hobbs (1994) 7 Cal.4th 948.
   (3) This section shall not be construed to impair or affect a
criminal defense counsel's access to unredacted reports otherwise
authorized by law, or the submission of documents in support of a
civil complaint.
   (4) This section applies as an exception to California Rule of
Court  243.1   2.550  , as provided by
paragraph (2) of subdivision (a) of that rule.
   SEC. 3.   SEC. 21.   Section 1048 of the
Penal Code is amended to read:
   1048.  (a) The issues on the calendar shall be disposed of in the
following order, unless for good cause the court directs an action to
be tried out of its order:
   (1) Prosecutions for felony, when the defendant is in custody.
   (2) Prosecutions for misdemeanor, when the defendant is in
custody.
   (3) Prosecutions for felony, when the defendant is on bail.
   (4) Prosecutions for misdemeanor, when the defendant is on bail.
   (b) Notwithstanding subdivision (a), all criminal actions in which
(1) a minor is detained as a material witness or is the victim of
the alleged offense, (2) a person who was 70 years of age or older at
the time of the alleged offense or is a dependent adult, as defined
in subdivision (h) of Section 368, was a witness to, or is the victim
of, the alleged offense or (3) any person is a victim of an alleged
violation of Section 261, 262, 264.1, 273a, 273d, 285, 286, 288,
288a, or 289, committed by the use of force, violence, or the threat
thereof, shall be given precedence over all other criminal actions in
the order of trial. In those actions, continuations shall be granted
by the court only after a hearing and determination of the necessity
thereof, and in any event, the trial shall be commenced within 30
days after arraignment, unless for good cause the court shall direct
the action to be continued, after a hearing and determination of the
necessity of the continuance, and states the findings for a
determination of good cause on the record.
   (c) Nothing in this section shall be deemed to provide a statutory
right to a trial within 30 days.
   SEC. 22.    Section   3000.08 of the 
 Penal Code   , as amended by Section 18 of Chapter 12
of the 1st Extraordinary Session of the Statutes of 2011, is amended
to read: 
   3000.08.  (a) Persons released from state prison prior to or on or
after July 1, 2013, after serving a prison term or, whose sentence
has been deemed served pursuant to Section 2900.5, for any of the
following crimes shall be subject to parole supervision by the
Department of Corrections and Rehabilitation and the jurisdiction of
the court in the county where the parolee is released or resides for
the purpose of hearing petitions to revoke parole and impose a term
of custody:
   (1) A serious felony as described in subdivision (c) of Section
1192.7.
   (2) A violent felony as described in subdivision (c) of Section
667.5.
   (3) A crime for which the person was sentenced pursuant to
paragraph (2) of subdivision (e) of Section 667 or paragraph (2) of
subdivision (c) of Section 1170.12.
   (4) Any crime where the person eligible for release from prison is
classified as a High Risk Sex Offender.
   (5) Any crime where the person is required, as a condition of
parole, to undergo treatment by the Department of Mental Health
pursuant to Section 2962.
   (b) Notwithstanding any other provision of law, all other
offenders released from prison shall be placed on postrelease
supervision pursuant to Title 2.05 (commencing with Section 3450).
   (c) At any time during the period of parole of a person subject to
this section, if any parole agent or peace officer has probable
cause to believe that the parolee is violating any term or condition
of his or her parole, the agent or officer may, without warrant or
other process and at any time until the final disposition of the
case, arrest the person and bring him or her before the parole
authority, or the parole authority may, in its discretion, issue a
warrant for that person's arrest.
   (d) Upon review of the alleged violation and a finding of good
cause that the parolee has committed a violation of law or violated
his or her conditions of parole, the parole authority may impose
additional and appropriate conditions of supervision, including
rehabilitation and treatment services and appropriate incentives for
compliance, and impose immediate, structured, and intermediate
sanctions for parole violations, including flash incarceration in a
county jail. Periods of "flash incarceration," as defined in
subdivision (e) are encouraged as one method of punishment for
violations of a parolee's conditions of parole. Nothing in this
section is intended to preclude referrals to a reentry court pursuant
to Section 3015.
   (e) "Flash incarceration" is a period of detention in county jail
due to a violation of a parolee's conditions of parole. The length of
the detention period can range between one and 10 consecutive days.
Shorter, but if necessary more frequent, periods of detention for
violations of a parolee's conditions of parole shall appropriately
punish a parolee while preventing the disruption in a work or home
establishment that typically arises from longer periods of detention.

   (f) If the supervising parole agency has determined, following
application of its assessment processes, that intermediate sanctions
up to and including flash incarceration are not appropriate, the
supervising agency shall petition the revocation hearing officer
appointed pursuant to Section 71622.5 of the Government Code in the
county in which the parolee is being supervised to revoke parole. At
any point during the process initiated pursuant to this section, a
parolee may waive, in writing, his or her right to counsel, admit the
parole violation, waive a court hearing, and accept the proposed
parole modification. The petition shall include a written report that
contains additional information regarding the petition, including
the relevant terms and conditions of parole, the circumstances of the
alleged underlying violation, the history and background of the
parolee, and any recommendations. The Judicial Council shall adopt
forms and rules of court to establish uniform statewide procedures to
implement this subdivision, including the minimum contents of
supervision agency reports. Upon a finding that the person has
violated the conditions of parole, the revocation hearing
                                     officer shall have authority to
do any of the following:
   (1) Return the person to parole supervision with modifications of
conditions, if appropriate, including a period of incarceration in
county jail.
   (2) Revoke parole and order the person to confinement in the
county jail.
   (3) Refer the person to a reentry court pursuant to Section 3015
or other evidence-based program in the court's discretion.
   (g) Confinement pursuant to paragraphs (1) and (2) of subdivision
(f) shall not exceed a period of 180 days in the county jail.
   (h) Notwithstanding any other provision of law, in any case where
Section 3000.1 applies to a person who is on parole and there is good
cause to believe that the person has committed a violation of law or
violated his or her conditions of parole, and there is imposed a
period of imprisonment of longer than 30 days, that person shall be
remanded to the custody of the Department of Corrections and
Rehabilitation and the jurisdiction of the Board of Parole Hearings
for the purpose of future parole consideration.
   (i) Notwithstanding subdivision (a), any of the following persons
released from state prison shall be subject to the jurisdiction of,
and parole supervision by, the Department of Corrections and
Rehabilitation for a period of parole up to three years or the parole
term the person was subject to at the time of the commission of the
offense, whichever is greater:
   (1) The person is required to register as a sex offender pursuant
to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1,
and was subject to a period of parole exceeding three years at the
time he or she committed a felony for which they were convicted and
subsequently sentenced to state prison.
   (2) The person was subject to parole for life pursuant to Section
3000.1 at the time of the commission of the offense that resulted in
a conviction and state prison sentence.
   (j) Parolees subject to this section who are being held for a
parole violation in a county jail on July 1, 2013, shall be subject
to the jurisdiction of the Board of Parole Hearings.
   (k) Except as described in subdivision  (c) 
(i)  , any person who is convicted of a felony that requires
 postrelease  community supervision and who still has a
period of state parole to serve shall discharge from state parole at
the time of release to  postrelease  community supervision.
   (l) This section shall become operative on July 1, 2013.
   SEC  . 23.    Section 3000.09 of the 
 Penal Code   is amended to read: 
   3000.09.  (a) Notwithstanding any other law, any parolee who was
paroled from state prison prior to October 1, 2011, shall be subject
to this section.
   (b) Parolees subject to this section shall remain under
supervision by the Department of Corrections and Rehabilitation until
one of the following occurs:
   (1) Jurisdiction over the person is terminated by operation of
law.
   (2) The supervising agent recommends to the parole authority that
the offender be discharged and the parole authority approves the
discharge.
   (3) The offender is subject to a period of parole of up to three
years pursuant to paragraph (1) of subdivision (b) of Section 3000
and was not imprisoned for committing a violent felony, as defined in
subdivision (c) of Section 667.5,  or  a serious felony, as
defined by subdivision (c) of Section 1192.7,  or 
 and  is  not  required to register as a sex
offender pursuant to Section 290, and completes six consecutive
months of parole without violating their conditions, at which time
the supervising agent shall review and make a recommendation on
whether to discharge the offender to the parole authority and the
parole authority approves the discharge.
   (c) Parolees subject to this section who are being held for a
parole violation in state prison on October 1, 2011, upon completion
of a revocation term on or after November 1, 2011, shall either
remain under parole supervision of the department pursuant to Section
3000.08 or shall be placed on postrelease community supervision
pursuant to Title 2.05 (commencing with Section 3450).
Notwithstanding Section 3000.08, any parolee who is in a county jail
serving a term of parole revocation or being held pursuant to Section
3056 on October 1, 2011, and is released directly from county jail
without returning to a state facility on or after October 1, 2011,
shall remain under the parole supervision of the department. Any
parolee that is pending final adjudication of a parole revocation
charge prior to October 1, whether located in county jail or state
prison, may be returned to state prison and shall be confined
pursuant to subdivisions (a) to (d), inclusive, of Section 3057. Any
subsequent parole revocations of a parolee on postrelease community
supervision shall be served in county jail pursuant to Section 3056.
   (d) Any parolee who was paroled prior to October 1, 2011, who
commits a violation of parole shall, until July 1, 2013, be subject
to parole revocation procedures in accordance with the rules and
regulations of the department consistent with Division 2 of Title 15
of the California Code of Regulations. On and after July 1, 2013, any
parolee who was paroled prior to October 1, 2011, shall be subject
to the procedures established under Section 3000.08.
   SEC. 24.    Section 3001 of the   Penal Code
  is amended to read: 
   3001.  (a) Notwithstanding any other provision of law, when any
person referred to in paragraph  (1)   (2) 
of subdivision (b) of Section 3000 who was not imprisoned for
committing a violent felony, as defined in subdivision (c) of Section
667.5, not imprisoned for a serious felony, as defined by
subdivision (c) of Section 1192.7, or is not required to register as
a sex offender pursuant to Section 290, has been released on parole
from the state prison, and has been on parole continuously for six
months since release from confinement, within 30 days, that person
shall be discharged from parole, unless the Department of Corrections
and Rehabilitation recommends to the Board of Parole Hearings that
the person be retained on parole and the board, for good cause,
determines that the person will be retained. Notwithstanding any
other provision of law, when any person referred to in paragraph
 (1)   (2)  of subdivision (b) of Section
3000 who was imprisoned for committing a violent felony, as defined
in subdivision (c) of Section 667.5, has been released on parole from
the state prison for a period not exceeding three years and has been
on parole continuously for two years since release from confinement,
or has been released on parole from the state prison for a period
not exceeding five years and has been on parole continuously for
three years since release from confinement, the department shall
discharge, within 30 days, that person from parole, unless the
department recommends to the board that the person be retained on
parole and the board, for good cause, determines that the person will
be retained. The board shall make a written record of its
determination and the department shall transmit a copy thereof to the
parolee.
   (b) Notwithstanding any other provision of law, when any person
referred to in paragraph  (2)   (1)  of
subdivision (b) of Section 3000 has been released on parole from the
state prison, and has been on parole continuously for three years
since release from confinement, the board shall discharge, within 30
days, the person from parole, unless the board, for good cause,
determines that the person will be retained on parole. The board
shall make a written record of its determination and the department
shall transmit a copy of that determination to the parolee.
   (c) Notwithstanding any other provision of law, when any person
referred to in paragraph (3) of subdivision (b) of Section 3000 has
been released on parole from the state prison, and has been on parole
continuously for six years and six months since release from
confinement, the board shall discharge, within 30 days, the person
from parole, unless the board, for good cause, determines that the
person will be retained on parole. The board shall make a written
record of its determination and the department shall transmit a copy
thereof to the parolee.
   (d) In the event of a retention on parole, the parolee shall be
entitled to a review by the parole authority each year thereafter
until the maximum statutory period of parole has expired.
   (e) The amendments to this section made during the 1987-88 Regular
Session of the Legislature shall only be applied prospectively and
shall not extend the parole period for any person whose eligibility
for discharge from parole was fixed as of the effective date of those
amendments.
   (f) The amendments made to subdivision (a) during the 2011-12
Regular Session and the First Extraordinary Session of the
Legislature shall apply prospectively from October 1, 2011, and no
person on parole prior to October 1, 2011, shall be discharged from
parole pursuant to subdivision (a) unless one of the following
circumstances exist:
   (1) The person has been on parole continuously for six consecutive
months after October 1, 2011, and the person is not retained by the
Board of Parole Hearings for good cause.
   (2) The person has, on or after October 1, 2011, been on parole
for one year and the Board of Parole Hearings does not retain the
person for good cause.
   SEC. 25.    Section 13885.1 of the  Penal
Code   is amended to read: 
   13885.1.  The Attorney General shall maintain, upon appropriation
of funds by the Legislature, a statewide Sexual Predator Apprehension
Team force  within the California Bureau of Investigation
 . The Sexual Predator Apprehension Team force shall be
comprised of  California Bureau of Investigation 
special agent teams throughout California. The teams shall focus on
repeat sex offenders, and perform the following activities:
   (a) Coordinate state and local investigative resources to
apprehend high risk sex offenders and persons required to register
under Section 290 who violate the law or conditions of probation or
parole.
   (b) Target and monitor chronic repeat violent sex offenders before
the commission of additional sexual offenses.
   (c) Develop profiles in unsolved sexual assault cases.
   SEC. 26.   Section 13887.2 of the   Penal
Code   is amended to read: 
   13887.2.  The regional SAFE teams may consist of officers and
agents from the following law enforcement agencies:
   (a) Police departments.
   (b) Sheriff's departments.
   (c) The Bureau of Investigations of the Office of the District
Attorney.
   (d) County probation departments.
   (e) To the extent that these agencies have available resources,
the following law enforcement agencies:
   (1) The  Bureau of Investigations of the 
California Department of Justice.
   (2) The California Highway Patrol.
   (3) The State Department of Corrections.
   (4) The Federal Bureau of Investigation.