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
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          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
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          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. 









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            "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