Amended in Senate February 11, 2013

Senate Bill No. 57

Introduced by Senators Lieu and Rubio

January 7, 2013

An act begin insert to add Sections 3010.10 and 3466 to the Penal Code, end insert relating to electronic monitoring.

LEGISLATIVE COUNSEL’S DIGEST

SB 57, as amended, Lieu. Electronic monitoring: removing or disabling GPS device: offense.

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Existing law, as amended by Proposition 83, adopted at the November 7, 2006, statewide general election, requires the Department of Corrections and Rehabilitation to monitor sex offenders using a global positioning system (GPS). With regard to all other offenders, existing law permits county probation departments and the Department of Corrections and Rehabilitation to use electronic or GPS monitoring to electronically monitor the whereabouts of individuals on probation and parole, respectively. Under existing law, a probationer or parolee who fails to comply with the rules or conditions for the use of electronic monitoring as a supervision tool may be found guilty of violating the terms of his or her probation or parole, respectively.

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This bill would provide that the unauthorized removal, as specified, of an electronic, GPS, or other monitoring device affixed as a condition of parole or postrelease community supervision is an offense punishable by imprisonment in the state prison for 16 months, 2 years, or 3 years.

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Proposition 83 provides that any amendment of its provisions by the Legislature requires a 2⁄3 vote of the membership of each house unless the amendments expand the scope of its application or increase the punishments or penalties provided, in which case the Legislature may amend its provisions by a statute passed by a majority vote of each house.

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Because this bill increases the punishments or penalties provided in Proposition 83, this bill would require a majority vote.

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By creating a new crime, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law permits, and with respect to certain sex offenders requires, the use of electronic monitoring by county probation departments and the Department of Corrections and Rehabilitation to electronically monitor the whereabouts of persons on probation and parole, respectively.

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This bill would state the intent of the Legislature to enact legislation that would address the removal and disablement of global positioning system (GPS) monitoring devices by parolees and probationers.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 3010.10 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

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begin insert 3010.10. end insert   

(a) A person who willfully removes or disables, or
willfully permits another to remove or disable, an electronic, global
positioning system (GPS), or other monitoring device affixed to
his or her person, knowing that the device was affixed as a
condition of parole, is guilty of a felony, punishable by
imprisonment in the state prison for 16 months, two years, or three
years.

(b) Except as provided in subdivision (c), a person who willfully
removes or disables an electronic, GPS, or other monitoring device
affixed to the person of another, knowing that the device was
affixed as a condition of parole, is guilty of a felony, punishable
by imprisonment in the state prison for 16 months, two years, or
three years.

(c) (1) This section shall not apply to the removal or disabling
of an electronic, GPS, or other monitoring device 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 where 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.

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begin insert SEC. 2. end insert   

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begin insert Section 3466 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

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begin insert 3466. end insert   

(a) A person who willfully removes or disables, or
willfully permits another to remove or disable, an electronic, global
positioning system (GPS), or other monitoring device affixed to
his or her person, knowing that the device was affixed as a
condition of postrelease community supervision, is guilty of a
felony, punishable by imprisonment in the state prison for 16
months, two years, or three years.

(b) Except as provided in subdivision (c), a person who willfully
removes or disables an electronic, GPS, or other monitoring device
affixed to the person of another, knowing that the device was
affixed as a condition of postrelease community supervision, is
guilty of a felony, punishable by imprisonment in the state prison
for 16 months, two years, or three years.

(c) (1) This section shall not apply to the removal or disabling
of an electronic, GPS, or other monitoring device 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 where the removal or disabling
of the electronic, GPS, or other monitoring device is authorized
or required by a court of law, 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.

end insert

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begin insert SEC. 3. end insert   

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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.

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SECTION 1.  

It is the intent of the Legislature to enact
legislation that would address the removal and disablement of
global positioning system (GPS) monitoring devices by parolees
and probationers.

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