California Legislature—2013–14 Regular Session

Assembly Bill No. 347

Introduced by Assembly Member Achadjian

February 13, 2013

An act to amend Section 457.1 of the Penal Code, relating to arson.

LEGISLATIVE COUNSEL’S DIGEST

AB 347, as introduced, Achadjian. Arson: registration.

Existing law requires a convicted arsonist, as specified, to register with certain local officials in the area in which he or she resides, and makes it a misdemeanor to fail to register. Existing law also requires the registering law enforcement agency to forward certain information about the person to the Department of Justice, including a signed statement, and the person’s fingerprints and photograph.

This bill would make technical, nonsubstantive changes to those provisions.

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 457.1 of the Penal Code is amended to
read:

457.1.  

(a) As used in this section, “arson” means a violation
of Section 451, 451.5, or 453, and attempted arson, which includes,
but is not limited to, a violation of Section 455.

(b) (1) Every person described in begin delete paragraph end delete begin insert paragraphs end insert (2),
(3), and (4), for the periods specified therein, shall, while residing
in, or if the person has no residence, while located in California,
be required to, within 14 days of coming into, or changing the
person’s residence or location within any city, county, city and
county, or campus wherein the person temporarily resides, or if
the person has no residence, is located:

(A) Register with the chief of police of the city where the person
is residing, or if the person has no residence, where the person is
located.

(B) Register with the sheriff of the county where the person is
residing, or if the person has no residence, where the person is
located in an unincorporated area or city that has no police
department.

(C) In addition to begin insert subparagraph end insert (A) or (B) begin delete above end delete , register with
the chief of police of a campus of the University of California, the
California State University, or community college where the person
is residing, or if the person has no residence, where the person is
located upon the campus or any of its facilities.

(2) Any person who, on or after November 30, 1994, is
convicted in any court in this state of arson or attempted arson
begin delete shall be required to end delete register, in accordance with begin delete the provisions of end delete
this section, for the rest of his or her life.

(3) Any person who, having committed the offense of arson or
attempted arson, and after having been adjudicated a ward of the
juvenile court on or after January 1, 1993, is discharged or paroled
from the Department of begin delete the Youth Authority end delete begin insert Corrections and
Rehabilitation, Division of Juvenile Facilities, end insert shall begin delete be required
to end delete register, in accordance with begin delete the provisions of end delete this section, until
that person attains the age of 25 years, or until the person has his
or her records sealed pursuant to Section 781 of the Welfare and
Institutions Code, whichever begin insert event end insert comes first.

(4) Any person convicted of the offense of arson or attempted
arson on or after January 1, 1985, through November 29, 1994,
inclusive, in any court of this state, begin delete shall be required to end delete register,
in accordance with begin delete the provisions of end delete this section, for a period of
five years commencing, in the case where the person was confined
for the offense, from the date of their release from confinement,
or in the case where the person was not confined for the offense,
from the date of sentencing or discharge, if that person was ordered
by the court at the time that person was sentenced to register as an
arson offender. The law enforcement agencies shall make
registration information available to the chief fire official of a
legally organized fire department or fire protection district having
local jurisdiction where the person resides.

(c) Any person required to register pursuant to this section who
is discharged or paroled from a jail, prison, school, road camp, or
other penal institution, or from the Department of begin delete the Youth
Authority end delete begin insert Corrections and Rehabilitation, Division of Juvenile
Facilities, end insert where he or she was confined because of the commission
or attempted commission of arson, shall, prior to the discharge,
parole, or release, be informed of his or her duty to register under
this section by the official in charge of the place of confinement.
The official shall require the person to read and sign the form as
may be required by the Department of Justice, stating that the duty
of the person to register under this section has been explained to
him or her. The official in charge of the place of confinement shall
obtain the address where the person expects to reside upon his or
her discharge, parole, or release and shall report the address to the
Department of Justice. The official in charge of the place of
confinement shall give one copy of the form to the person, and
shall, not later than 45 days prior to the scheduled release of the
person, send one copy to the appropriate law enforcement agency
having local jurisdiction where the person expects to reside upon
his or her discharge, parole, or release; one copy to the prosecuting
agency that prosecuted the person; one copy to the chief fire official
of a legally organized fire department or fire protection district
having local jurisdiction where the person expects to reside upon
his or her discharge, parole, or release; and one copy to the
Department of Justice. The official in charge of the place of
confinement shall retain one copy. All forms shall be transmitted
in time so as to be received by the local law enforcement agency
and prosecuting agency 30 days prior to the discharge, parole, or
release of the person.

(d) All records relating specifically to the registration in the
custody of the Department of Justice, law enforcement agencies,
and other agencies or public officials shall be destroyed when the
person required to register under this subdivision for offenses
adjudicated by a juvenile court attains the age of 25 years or has
his or her records sealed under the procedures set forth in Section
781 of the Welfare and Institutions Code, whichever event occurs
first. This subdivision begin delete shall end delete begin insert does end insert not begin delete be construed to end delete require the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by the court under Section 781 of
the Welfare and Institutions Code.

(e) Any person who is required to register pursuant to this
section who is released on probation or discharged upon payment
of a fine shall, prior to the release or discharge, be informed of his
or her duty to register under this section by the probation
department of the county in which he or she has been convicted,
and the probation officer shall require the person to read and sign
the form as may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to him or her. The probation officer shall obtain the
address where the person expects to reside upon his or her release
or discharge and shall report within three days the address to the
Department of Justice. The probation officer shall give one copy
of the form to the person, and shall send one copy to the appropriate
law enforcement agency having local jurisdiction where the person
expects to reside upon his or her discharge or release, one copy to
the prosecuting agency that prosecuted the person, one copy to the
chief fire official of a legally organized fire department or fire
protection district having local jurisdiction where the person
expects to reside upon his or her discharge or release, and one copy
to the Department of Justice. The probation officer shall also retain
one copy.

(f) The registration shall consist of (1) a statement in writing
signed by the person, giving the information as may be required
by the Department of Justice, and (2) the fingerprints and
photograph of the person. Within three days thereafter, the
registering law enforcement agency shall electronically forward
the statement, fingerprints, and photograph to the Department of
Justice.

(g) If any person required to register by this section changes his
or her residence address, he or she shall inform, in writing within
10 days, the law enforcement agency with whom he or she last
registered of his or her new address. The law enforcement agency
shall, within three days after receipt of the information,
electronically forward it to the Department of Justice. The
Department of Justice shall forward appropriate registration data
to the law enforcement agency having local jurisdiction of the new
place of residence.

(h) Any person required to register under this section who
violates any of the provisions thereof is guilty of a misdemeanor.
Any person who has been convicted of arson or attempted arson
and who is required to register under this section who willfully
violates any of the provisions thereof is guilty of a misdemeanor
and shall be sentenced to serve a term of not less than 90 days nor
more than one year in a county jail. In no event does the court have
the power to absolve a person who willfully violates this section
from the obligation of spending at least 90 days of confinement
in a county jail and of completing probation of at least one year.

(i) Whenever any person is released on parole or probation and
is required to register under this section but fails to do so within
the time prescribed, the Board of begin delete Prison Terms, the Department
of the Youth Authority, end delete begin insert Parole Hearings, the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, end insert or
the court, as the case may be, shall order the parole or probation
of that person revoked.

(j) The statements, photographs, and fingerprints required by
this section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.

(k) In any case in which a person who would be required to
register pursuant to this section is to be temporarily sent outside
the institution where he or she is confined on any assignment within
a city or county, including, but not limited to, firefighting or
disaster control, the local law enforcement agency having
jurisdiction over the place or places where that assignment shall
occur shall be notified within a reasonable time prior to removal
from the institution. This subdivision shall not apply to any person
temporarily released under guard from the institution where he or
she is confined.

(l)  begin insert (1) end insert begin insert   end insert Nothing in this section shall be construed to conflict
with Section 1203.4 concerning termination of probation and
release from penalties and disabilities of probation.

begin delete

A

end delete

begin insert (2) end insert begin insert   end insert begin insert A end insert person required to register under this section may initiate
a proceeding under Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 and, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register under
this section. This certificate shall not relieve the petitioner of the
duty to register under this section for any offense subject to this
section of which he or she is convicted in the future.

begin delete

Any

end delete

begin insert (3) end insert begin insert   end insert begin insert Any end insert person who is required to register under this section due
to a misdemeanor conviction shall be relieved of the requirement
to register if that person is granted relief pursuant to Section
1203.4.