BILL ANALYSIS Ó
AB 347
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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).]
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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
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744