BILL ANALYSIS Ó AB 347 Page 1 Date of Hearing: April 9, 2013 Chief Counsel: Gregory Pagan ASSEMBLY COMMITTEE ON PUBLIC SAFETY Tom Ammiano, Chair AB 347 (Achadjian) - As Amended: March 21, 2013 SUMMARY : Requires the Department of Justice (DOJ) to make arson registration information, specifically, statements, photographs, and fingerprints, available to a chief fire official of a legally organized fire department or fire protection district California. EXISTING LAW : 1)Requires any person convicted of arson or attempted arson to register with the local chief of police or sheriff of the county or unincorporated area where the person is residing, or is located if the person has no residence, within 14 days of coming into that city or unincorporated area. If the person is also resides or is located on a campus of the University of California, the California State University, or a community college, or any facilities thereof, that person must additionally register with the chief of police for that campus within 14 days. [Penal Code Section 457.1(a) and (b)(1).] 2)States that if the person was convicted on or after November 30, 1994, that person must register for the remainder of his or her life. [Penal Code Section 457.1(b)(2).] 3)States that if the person was adjudicated a ward of the court, having committed arson or attempted arson, that person must register until either until he or she turns 25 years of age, or until his or her records are sealed. [Penal Code Section 457.1(b)(3).] 4)States that if the person was convicted after January 1, 1985 through November 29, 1994, that person must register for five years following either release from confinement, or if not confined, from the date of sentencing or discharge. [Penal Code Section 457.1(b)(3).] AB 347 Page 2 5)Requires any person required to register be notified of his or her duty to register before discharge or release from any institution he or she was confined in for arson or attempted arson. The official of the institution must obtain the expected address of the person upon release and shall report this address to DOJ. If DOJ requires such, the person must sign a form indicating that the duty to register has been explained to him or her. Copies of this form must be given to the individual, the law enforcement agency in the jurisdiction the individual intends to reside upon release, the prosecuting agency, the chief fire official of the jurisdiction where the individual intends to reside, and DOJ. One copy will also be retained by the institution. All forms must be transmitted so as to be received 30 days prior to the discharge, parole, or release of the person. [Penal Code Section 457.1(c).] 6)Requires any records related to registration in the custody of DOJ, law enforcement, and other agencies or public officials shall be destroyed when the individual required to be registered, if adjudicated by the juvenile court, reaches the age 25, or has his or her records sealed. [Penal Code Section 457.1(d).] 7)Requires any person required to register be notified of his or her duty to register prior to release on probation or upon payment of a fine by the probation department of the county in which he or she has been convicted or arson or attempted arson. The probation official must obtain the expected address of the person upon release or discharge and shall report this address to DOJ. If DOJ requires such, the person must sign a form indicating that the duty to register has been explained to him or her. Copies of this form must be given to the individual, the law enforcement agency in the jurisdiction the individual intends to reside upon release, the prosecuting agency, the chief fire official of the jurisdiction where the individual intends to reside, and DOJ. One copy will also be retained by the probation officer. [Penal Code Section 457.1(e).] 8)States that registration consists of a statement in writing, signed by the person, giving information that may be required by DOJ, and the fingerprint and photograph of the individual. Within three days of registration, the registering law enforcement agency shall electronically forward the information to DOJ. [Penal Code Section 457.1(f).] AB 347 Page 3 9)Requires any changes to the address of the individual's address be reported to the law enforcement agency where that individual last registered within 10 days of the change. That information must be electronically forwarded to DOJ within three days. DOJ shall forward appropriate registration data to the law enforcement agency having local jurisdiction over the new place of residence. [Penal Code Section 457.1(g).] 10)Specifies that failure to register is a misdemeanor. Willful violation of the registration requirement requires confinement of not less than 90 days and not more than one year in county jail. [Penal Code Section 457.1(h).] 11)States that parole or probation of an individual may be revoked if the individual fails to register. [Penal Code Section 457.1(i).] 12)Permits only regularly employed peace officers or other law enforcement officers to access the statements, photographs and fingerprints required to register. [Penal Code Section 457.1(j).] 13)Clarifies that if an individual who would be required to register is temporarily sent outside the institution where he or she is confined on any assignment within a city or county for the purposes of firefighting or disaster control, or other assignment, the local law enforcement agency having jurisdiction over the place or places where the assignment shall occur will be notified within a reasonable time prior to the removal of the institution. Notice is not required if the individual is released under guard. [Penal Code Section 457.1(k).] FISCAL EFFECT : Unknown COMMENTS : 1)Author's Statement : According to the author, "Current law requires individuals convicted of certain crimes related to arson to register with the local law enforcement in the city or county where the person resides. The information is forwarded to the Department of Justice which is responsible for managing California's Arson Registry. AB 347 Page 4 "Under existing law, access to the full Arson Registry is limited to peace officers. Local fire officials are only granted access to information related to registrants who reside in their local jurisdictions. "This bill will grant chief fire officials full access to the California Arson Registry. So that fire officials can better protect the public's safety against dangerous arsonists." 2)Prior Legislation : a) AB 2033 (Achadjian) of the 2011-2012 Legislative Session, was identical to this bill in that AB 2033 made arson registration information available to chief fire officials. AB 2033 was never heard by this Committee. b) AB 2276 (Fletcher), of the 2009-10 Legislative Session, was also identical to this bill in that AB 2276 made arson registration information available to chief fire officials. AB 2276 was held on the Assembly Appropriations Committee's Suspense File. REGISTERED SUPPORT / OPPOSITION : Support California State Firefighters' Association, Inc. Opposition None \ Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744