BILL NUMBER: AB 2121	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014

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 amended, 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  , global pos   itioning system (GPS), or
other  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.   recast those
provisions to prohibit the person from removing, disabling, rendering
inoperable, or knowingly circumventing the operation of an
electronic, GPS, or other monitoring system that is required as a
condition of parole, or permitting another person to perform one of
those prohibited acts, except as provided. The bill would
additionally require a person who is required to register as a sex
offender as a condition of parole to report to his or her parole
officer within one working day following release from custody, or as
instructed by a parole officer, for the purpose of affixing an
electronic, GPS, or other monitoring device to his or her person.

   By  increasing the incarceration duties of  
expanding the scope of provisions that, if violated, require 
 incarceration in  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.  
   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 no reimbursement is required by this
act for a specified reason. 
   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   as a
condition of parole shall report to his or her parole officer within
one working day following release from custody, or as instructed by a
parole officer to have an electronic, global positioning system
(GPS), or other monitoring device affixed to his or her person. 

    (b)     A person who is required to
register as a sex offender   pursuant to Section  
290 shall  not  remove or   remove, 
disable,  render inoperable, or knowingly circumvent the
operation of,  or permit another to  remove or 
 remove,  disable,  render inoperable, or knowingly
circumvent the operation of,  an electronic,  global
positioning system (GPS)   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) 
    (c)  (1) This section  shall   does
 not apply if the  removal or disabling 
 of an   removal, disabling, rendering
inoperable, or circumvention of the  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   does  not
apply if the  removal or   removal, 
disabling  ,   rendering inoperable, or knowingly
circumventing the operation  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) 
    (d)  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  not less than 180
days and not more than one year   180 days  .

  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. 
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.