BILL NUMBER: SB 57	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 11, 2013

INTRODUCED BY   Senators Lieu and Rubio

                        JANUARY 7, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 57, as amended, Lieu. Electronic monitoring: removing or
disabling GPS device: offense. 
   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.  
   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.  
   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.  
   Because this bill increases the punishments or penalties provided
in Proposition 83, this bill would require a majority vote. 

   By creating a new crime, 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 no reimbursement is required by this
act for a specified reason.  
    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.  
   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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 3010.10 is added to the 
 Penal Code   , to read:  
   3010.10.  (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. 
   SEC. 2.    Section 3466 is added to the  
Penal Code   , to read:  
   3466.  (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. 
   SEC. 3.    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.  
  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.