Amended in Assembly March 21, 2013

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 amended, 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. begin insert end insert begin insert Under existing law, those statements, photographs, and fingerprints are not open to inspection by the public or by any person other than a regularly employed peace officer or other law enforcement officer. end insert

This bill would begin delete make technical, nonsubstantive changes to those provisions. end delete begin insert require the Department of Justice to make all of these statements, photographs, and fingerprints available to all chief fire officials of a legally organized fire department end insert begin insert or fire protection district end insert begin insert in the state. end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . 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 paragraphs (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 subparagraph (A) or (B), 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 insert shall end insert register, in accordance with 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 Corrections and Rehabilitation, Division
of Juvenile Facilities, shall register, in accordance with 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 event 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 insert shall end insert register, in accordance
with 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 Corrections and
Rehabilitation, Division of Juvenile Facilities, 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 does not 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 Parole Hearings, the Department
of Corrections and Rehabilitation, Division of Juvenile Facilities,
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 begin delete or end delete begin insert , end insert other law
enforcement officer begin insert , or chief fire official of a legally organized
fire department or fire protection district in the state end insert .

(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) (1) 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.

(2) A 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.

(3) Any 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.