BILL NUMBER: AB 768	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Achadjian

                        FEBRUARY 21, 2013

   An act to amend Section 6600 of the Welfare and Institutions Code,
relating to sexually violent predators.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 768, as introduced, Achadjian. Sexually violent predators:
civil commitment.
   Existing law provides for the civil commitment of criminal
offenders who have been determined to be sexually violent predators
for treatment in a secure state hospital facility, as specified.
Proposition 83 of the November 7, 2006, statewide general election,
made various changes to the sexually violent predator civil
commitment process. Proposition 83 permits the Legislature to amend
its provisions, either by a 2/3 vote of the membership of each house,
or by majority vote of the membership of each house if the
amendments expand the scope of the application of the provisions of
the proposition or increase the punishments or penalties provided in
the proposition.
   This bill would make technical, nonsubstantive changes to these
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 6600 of the Welfare and Institutions Code is
amended to read:
   6600.  As used in this article, the following terms have the
following meanings:
   (a) (1) "Sexually violent predator" means a person who has been
convicted of a sexually violent offense against one or more victims
and who has a diagnosed mental disorder that makes the person a
danger to the health and safety of others in that it is likely that
he or she will engage in sexually violent criminal behavior.
   (2) For purposes of this subdivision any of the following shall be
considered a conviction for a sexually violent offense:
   (A) A prior or current conviction that resulted in a determinate
prison sentence for an offense described in subdivision (b).
   (B) A conviction for an offense described in subdivision (b) that
was committed prior to July 1, 1977, and that resulted in an
indeterminate prison sentence.
   (C) A prior conviction in another jurisdiction for an offense that
includes all of the elements of an offense described in subdivision
(b).
   (D) A conviction for an offense under a predecessor statute that
includes all of the elements of an offense described in subdivision
(b).
   (E) A prior conviction for which the inmate received a grant of
probation for an offense described in subdivision (b).
   (F) A prior finding of not guilty by reason of insanity for an
offense described in subdivision (b).
   (G) A conviction resulting in a finding that the person was a
mentally disordered sex offender.
   (H) A prior conviction for an offense described in subdivision (b)
for which the person was committed to the Department of  the
Youth Authority   Corrections and Rehabilitation,
Division of Juvenile Facilities,  pursuant to Section 1731.5.
   (I) A prior conviction for an offense described in subdivision (b)
that resulted in an indeterminate prison sentence.
   (3) Conviction of one or more of the crimes enumerated in this
section shall constitute evidence that may support a court or jury
determination that a person is a sexually violent predator, but shall
not be the sole basis for the determination. The existence of
 any  prior convictions may be shown with
documentary evidence. The details underlying the commission of an
offense that led to a prior conviction, including a predatory
relationship with the victim, may be shown by documentary evidence,
including, but not limited to, preliminary hearing transcripts, trial
transcripts, probation and sentencing reports, and evaluations by
the State Department of  Mental Health   State
Hospitals  . Jurors shall be admonished that they may not find a
person  to be  a sexually violent predator based on prior
offenses absent relevant evidence of a currently diagnosed mental
disorder that makes the person a danger to the health and safety of
others in that it is likely that he or she will engage in sexually
violent criminal behavior.
   (4) The provisions of this section shall apply to  any
  a  person against whom proceedings were initiated
for commitment as a sexually violent predator on or after January 1,
1996.
   (b) "Sexually violent offense" means the following acts when
committed by force, violence, duress, menace, fear of immediate and
unlawful bodily injury on the victim or another person, or
threatening to retaliate in the future against the victim or any
other person, and that are committed on, before, or after the
effective date of this article and result in a conviction or a
finding of not guilty by reason of insanity, as defined in
subdivision (a): a felony violation of Section 261, 262, 264.1, 269,
286, 288, 288a, 288.5, or 289 of the Penal Code, or  any
  a  felony violation of Section 207, 209, or 220
of the Penal Code, committed with the intent to commit a violation of
Section 261, 262, 264.1, 286, 288, 288a, or 289 of the Penal Code.
   (c) "Diagnosed mental disorder" includes a congenital or acquired
condition affecting the emotional or volitional capacity that
predisposes the person to the commission of criminal sexual acts in a
degree constituting the person a menace to the health and safety of
others.
   (d) "Danger to the health and safety of others" does not require
proof of a recent overt act while the offender is in custody.
   (e) "Predatory" means an act is directed toward a stranger, a
person of casual acquaintance with whom no substantial relationship
exists, or an individual with whom a relationship has been
established or promoted for the primary purpose of victimization.
   (f) "Recent overt act" means  any   a 
criminal act that manifests a likelihood that the actor may engage in
sexually violent predatory criminal behavior.
   (g) Notwithstanding any other  provision of  law
and for purposes of this section, a prior juvenile adjudication of a
sexually violent offense may constitute a prior conviction for which
the person received a determinate term if all of the following apply:

   (1) The juvenile was 16 years of age or older at the time he or
she committed the prior offense.
   (2) The prior offense is a sexually violent offense as specified
in subdivision (b).
   (3) The juvenile was adjudged a ward of the juvenile court within
the meaning of Section 602 because of the person's commission of the
offense giving rise to the juvenile court adjudication.
   (4) The juvenile was committed to the Department of  the
Youth Authority   Corrections and Rehabilitation,
Division of Juvenile Facilities,  for the sexually violent
offense.
   (h) A minor adjudged a ward of the court for commission of an
offense that is defined as a sexually violent offense shall be
entitled to specific treatment as a sexual offender. The failure of a
minor to receive that treatment shall not constitute a defense or
bar to a determination that  any   a 
person is a sexually violent predator within the meaning of this
article.