BILL NUMBER: AB 2121	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gray

                        FEBRUARY 20, 2014

   An act to amend Section 3010.10 of the Penal Code, relating to sex
offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2121, as introduced, Gray. Sex Offenders: parole: disabling
monitoring device.
   Existing law, subject to exceptions, prohibits a person required
to register as a sex offender from removing or disabling an
electronic monitoring device, or permitting another to do so, if the
device is a condition of parole. A violation of these provisions
requires the parole authority to revoke the person's parole and to
require incarceration of the person in a county jail for 180 days.
   This bill would increase the penalty for this parole violation to
incarceration in a county jail for not less than 180 days and not
more than one year.
   By increasing the incarceration duties of local jail facilities,
this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3010.10 of the Penal Code is amended to read:
   3010.10.  (a) A person who is required to register as a sex
offender pursuant to Section 290 shall not remove or disable, or
permit another to remove or disable, an electronic, global
positioning system (GPS), or other monitoring device affixed to his
or her person as a condition of parole, when he or she knows that the
device was affixed as a condition of parole.
   (b) (1) This section shall not apply if the removal or disabling
of an electronic, GPS, or other monitoring device is performed by a
physician, emergency medical services technician, or by any other
emergency response or medical personnel when doing so is necessary
during the course of medical treatment of the person subject to the
electronic, GPS, or other monitoring device.
   (2) This section shall not apply if the removal or disabling of
the electronic, GPS, or other monitoring device is authorized or
required by a court, or by the law enforcement, probation, parole
authority, or other entity responsible for placing the electronic,
GPS, or other monitoring device upon the person, or that has, at the
time, the authority and responsibility to monitor the electronic,
GPS, or other monitoring device.
   (c) Upon a violation of this section, the parole authority shall
revoke the person's parole and require that he or she be incarcerated
in the county jail for  a period of   not less
than  180 days  and not more than one year  .
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.