BILL NUMBER: AB 50	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 21, 2006
	AMENDED IN SENATE  MARCH 10, 2006
	AMENDED IN ASSEMBLY  JANUARY 31, 2006
	AMENDED IN ASSEMBLY  JANUARY 31, 2006
	AMENDED IN ASSEMBLY  JANUARY 26, 2006
	AMENDED IN ASSEMBLY  JANUARY 23, 2006
	AMENDED IN ASSEMBLY  JANUARY 4, 2006
	AMENDED IN ASSEMBLY  MAY 3, 2005

INTRODUCED BY   Assembly  Members   Leno
    and Cohn   Member
  Leno 
    (   Coauthors:  
Assembly Members   Calderon,  
  Bass,     Berg,
    Chan,  
  Chavez,     Chu,
    Coto,  
  Dymally,    
Evans,     Frommer, 
   Goldberg,   
 Hancock,    Jerome Horton,
    Jones,  
  Karnette,    
Klehs,     Koretz, 
   Laird,   
Levine,     Lieber,
    Liu,  
  Matthews,    
Montanez,     Mullin, 
   Nava,   
 Negrete McLeod,     Nunez,
    Oropeza,  
  Parra,    
Pavley,     Ridley-Thomas,
    Ruskin,  
  Saldana,    
Salinas,     Torrico, 
   Umberg,   
 and Wolk   ) 

                        DECEMBER 6, 2004

   An act to  amend Sections 209, 220, 269, 272, 288, 311.2,
311.4, 311.9, 311.11, 626.8, 667.1, 667.5, 667.51, 667.6, 667.61,
667.71, 1170.125, 1203.06, 1203.065, 1203.075, 3000, 3001, 3003,
3005, and 12022.75 of, to add Sections 626.75, 3006, 3010.05, 3072,
and 13887.5 to, the Penal Code, to amend Sections 6604, 6604.1, and
6605 of, and to repeal Section 6608 of, the Welfare and Institutions
Code, relating to crimes.   add Chapter 6 (commencing
with Section 13974.5) to Part 4 of Division 3 of Title 2 of the
Government Code, relating to victims of crime, making an
appropriation therefor, and declaring the urgency thereof to take
effect immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 50, as amended, Leno   Sex offenders.  
Victim compensation: trauma services.  
   Statutory provisions that were repealed as of January 1, 2005,
authorized the California Victim Compensation and Government Claims
Board to enter into an interagency agreement with the University of
California, San Francisco, to establish a victims of crime recovery
center at the San Francisco General Hospital to demonstrate the
effectiveness of providing comprehensive and integrated services to
victims of crime.  
   This bill would make legislative findings about the effectiveness
of the services provided by the Trauma Recovery Center established as
a pilot project under these provisions. It would reauthorize this
interagency agreement for the purpose of actually providing these
services not just in a demonstration capacity. It would appropriate
for this purpose $1.3 million from the Restitution Fund to the board
for the 2006-07 fiscal year.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Under existing law, the punishment for a person who kidnaps an
individual in order to commit robbery, rape, oral copulation, sodomy,
or sexual penetration is imprisonment for life with the possibility
of parole.  
   This bill would add kidnapping in order to commit lewd and
lascivious acts to that provision.  
   Under existing law, every person who commits an assault with the
intent to commit a specified crime is punishable by imprisonment in
the state prison for 2, 4, or 6 years.  
   This bill would subject a person who commits an assault with the
intent to commit a specified crime while committing a first degree
burglary to imprisonment in the state prison for life with the
possibility of parole.  
   Under existing law, any person who commits a specified act upon a
child who is under 14 years of age and 10 or more years younger than
the person is punishable by imprisonment in the state prison for 15
years to life.  
   This bill would change the requisite age difference between the
person and the child from 10 years to 7 years.  This bill would
clarify the specified acts the commission of which would trigger the
punishment. This bill would also impose consecutive sentences for
multiple offenses if the offenses involved separate victims or the
same victim on separate occasions, as specified.  
   Under existing law, an adult who knowingly contacts or
communicates with a minor who is 14 years of age or younger for the
purpose of persuading, luring or transporting the minor away from the
minor's home or other location without the express consent of the
minor's parent or legal guardian is guilty of an infraction or
misdemeanor.  
   This bill would, instead, make it a misdemeanor to contact or
communicate with a minor who is 14 years of age or younger with the
intent to commit certain specified crimes involving the minor, and
would increase the punishment for that crime to a misdemeanor or
felony if the person has a previous conviction for certain sex
offenses.  
   Under existing law, the punishment for lewd and lascivious acts
with a minor or upon a dependent person by a caretaker by force,
violence, duress, menace or fear, is 3, 6, or 8 years. 

   This bill would increase that punishment to 3, 6, or 10 years.
 
   Under existing law, a person who possesses, prepares, publishes,
produces, develops, duplicates, or prints any data or image with the
intent to distribute, exhibit, or exchange the data or image with a
person 18 years of age or older, knowing the data or image depicts a
person under 18 years of age personally engaging in or personally
simulating sexual conduct is guilty of a misdemeanor. 

   This bill would increase the punishment for that crime to a
misdemeanor or felony.  
   Under existing law, a person who uses a minor to assist in the
distribution of child pornography is guilty of a misdemeanor upon a
first offense.  
   This bill would increase the punishment for the first conviction
of that crime to a misdemeanor or felony.  
   Under existing law, the first conviction for possession of child
pornography is punished as a misdemeanor.  
   This bill would make the punishment for a first conviction either
a misdemeanor or a felony.  
   Under existing law, a person who enters school grounds or remains
upon any public way adjacent to a school who does not have lawful
business at the school and whose presence disrupts the school or
pupils therein, is guilty of a misdemeanor if he or she has
previously been asked to leave the school or otherwise has
established a pattern of unauthorized activity, is guilty of a
misdemeanor.  
   This bill would make it a misdemeanor for any person who is
required to register as a sex offender who has been convicted of
specified sex offenses from being present on any school property, or
street, sidewalk, or public walkway adjacent to any school property,
as specified.  
   This bill would also make it a misdemeanor for any person
convicted of committing lewd or lascivious acts upon a child,
continuous sexual abuse of a child, or aggravated sexual assault of a
child to be present on any school property, or street, sidewalk, or
public walkway adjacent to any school property, as specified.
 
   Existing law, added by initiate acts that require amendments to
its provisions to be approved by 2/3 of the membership of both houses
of the Legislature, defines "violent felony" for purposes of various
provisions of the Penal Code.  
   This bill would clarify which offenses fall into the definition of
a violent felony.  
   Existing law provides for an enhanced prison term of 5 years for a
person convicted of committing any of several specified sex offenses
if the person has a prior conviction for any several other specified
sex offense. The enhanced term for a person with 2 or more previous
convictions of any of the other specified sex offenses is either 10
years or 15 years to life. The enhanced term does not apply if that
person has not been in custody for, or committed a felony during, at
least 10 years between the instant and prior offense. Existing law
requires the person to receive credits for time served or worked, to
reduce his or her sentence.  
   This bill would expand the types of sex crimes to which these
provisions apply, delete the 10-year exception, and would eliminate
the possibility of the person receiving credit to reduce his or her
sentence.  
   Under existing law, persons who are convicted of committing
certain sex offenses who have previously been convicted of other sex
offenses, including habitual sexual offenders, as defined, or who are
convicted of certain sex offenses during the commission of another
offense, are eligible for credit to reduce the minimum term imposed.
 
   This bill would eliminate that eligibility for those persons.
 
   Under existing law, the punishment for a conviction of certain sex
offenses is 25 years to life if the offense was committed in the
course of a kidnapping or burglary, the victim was tortured, or the
defendant had previously been convicted of one of the specified sex
offenses.  
   This bill would add continuous sexual abuse of a child to those
sex offenses.  
   Under existing law, the court has the authority to order an action
dismissed or to strike a prior conviction for purposes of sentencing
a defendant.  
   This bill would prohibit a court from striking an allegation,
admission, or finding of a prior conviction for, and would prohibit
granting probation to, or suspending the execution or imposition of
sentence for defendants who are convicted of certain sex offenses.
 
   Under existing law, the parole period for an inmate sentenced for
committing lewd and lascivious acts on a child or continuous sexual
abuse of a child is no more than 5 years.  
   This bill would increase the possible parole period for a person
convicted of either of those crimes to 10 years, but would require
the person to be discharged from parole after 6 years, except under
certain circumstances.  
   Under existing law, the Department of Corrections and
Rehabilitation is required to develop a plan, subject to the
appropriation of funds therefor, for the implementation of relapse
prevention treatment programs and services for high-risk sex
offenders.  
   This bill would require the department to study the effects of
this plan on the recidivism rates of those parolees, and to report to
the Legislature thereon.  
   The bill would authorize the department to establish and operate a
specialized sex offender treatment programs for inmates and parolees
whom the department deems pose a high risk to the public of
committing violent sex crimes.  
   This bill would declare legislative intent to create a period of
parole for offenders found to be sexually violent predators after
those offenders are released from their commitment to the Department
of Mental Health in order to supervise the offenders participation in
ongoing treatment programs.  
   Existing law establishes a 5-year period of parole for inmates
serving a specified life sentence.  
   This bill would increase the period of parole from 5 years to 10
years.  
   Existing law requires the Board of Parole Hearings to discharge a
person from parole after the person serves a specified period of time
on parole unless the board finds good cause to retain the person on
parole.  
   This bill would require the board to discharge a person paroled
from a specified life term after 6 years.  
   Existing law authorizes the Department of Corrections and
Rehabilitation to use Global Positioning Systems to monitor certain
parolees.  
   This bill would appropriate $8,000,000 from the General Fund to
the Department of Corrections and Rehabilitation for the purchase of
global positioning systems to monitor parolees who were convicted of
violent or sexual offenses and are deemed to be at high risk to
reoffend.  
   Existing law provides for an enhanced penalty of 3 years for any
person who administers a controlled substance to another person
against his or her will, for the purpose of committing a felony.
 
   This bill would create an additional enhancement of 5 years if
that felony is any of several specified sex offenses. 

   Existing law authorizes counties to establish Sexual Assault
Felony Enforcement (SAFE) teams to reduce violent sexual assaults
through proactive surveillance of habitual offenders. 

   This bill would appropriate $15,000,000 from the General Fund for
the funding of SAFE teams, as specified.  
   Under existing law, if a person is determined to be a sexually
violent predator, he or she is committed to the State Department of
Mental Health for 2 years for appropriate treatment and confinement.
Confinement may not be extended except by court order. 

   This bill would change that commitment to an indeterminate term,
and would require an annual report to be made about the
appropriateness of conditionally releasing the person to a less
restrictive environment.  
   Existing law establishes a procedure for a person committed as a
sexually violent predator to petition a court for a conditional
release or discharge.  
   This bill would repeal that provision and provide procedures
governing when and how the person is entitled to a trial on the
appropriateness of a conditional release or discharge. 

   Because the bill would increase penalties for some crimes and
create new crimes, the 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. 
   Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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


   SECTION 1.    The Legislature finds and declares all
of the following:  
   (a) Without treatment, approximately 50 percent of people who
survive a traumatic, violent injury experience psychological or
social difficulties. Untreated psychological trauma often has severe
economic consequences, including overuse of costly medical services,
loss of income, failure to return to gainful employment, loss of
medical insurance, and loss of stable housing.  
   (b) The Trauma Recovery Center at San Francisco General
Hospital/University of California, San Francisco, is an
award-winning, nationally recognized program created in 2001 in
partnership with the State of California Victim Compensation and
Government Claims Board. The center was established as a four-year
pilot project to develop and test a comprehensive model of care as an
alternative to fee-for-service care reimbursed by victim restitution
funds. It was designed to increase access for crime victims to these
funds.  
   (c) During the Trauma Recovery Center's four-year history, its
accomplishments include:  
   (1) Identifying and treating 854 crime victims.  
   (2) Increasing the rate by which sexual assault victims received
mental health followup services, from 6 percent to 71 percent. 

   (3) Successfully linking 53 percent of patients to legal services,
40 percent to vocational services, 31 percent to safer and more
permanent housing, and 22 percent to other financial entitlements.
 
   (4) Improving cooperation with police, including an increase in
police reports filed by sexual assault victims from 42 percent to 71
percent.  
   (5) Increasing return to employment by 56 percent of victims
compared to victims who did not have Trauma Recovery Center services.
Many of these people resumed paying taxes and escaped the spiral
into bankruptcy, loss of housing, and loss of medical insurance.

   SEC. 2.    Chapter 6 (commencing with Section
13974.5) is added to Part 4 of Division 3 of Title 2 of the 
 Government Code   , to read: 
       CHAPTER 6.  VICTIMS OF CRIME RECOVERY CENTER

   13974.5.  (a) The California Victim Compensation and Government
Claims Board shall enter into an interagency agreement with the
University of California, San Francisco, to establish a victims of
crime recovery center at the San Francisco General Hospital for the
purpose of providing comprehensive and integrated services to victims
of crime, subject to conditions set forth by the board.
   (b) This section shall not apply to the University of California
unless the Regents of the University of California, by appropriate
resolution, make this section applicable.
   (c) This section shall only be implemented to the extent that
funding is appropriated for that purpose. 
   SEC. 3.    The sum of one million three hundred
thousand dollars ($1,300,000) for the fiscal year commencing July 1,
2006, is hereby appropriated from the Restitution Fund to the
California Victim Compensation and Government Claims Board for the
implementation of the interagency agreement specified in Section
13974.5 of the Government Code for the purpose of continued funding
for the Trauma Recovery Center at the San Francisco General Hospital.

   SEC. 4.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to ensure the uninterrupted provision of vital services
to victims of trauma, it is necessary that this act take effect
immediately.  All matter omitted in this version of the bill
appears in the bill as amended in the Senate, March 10, 2006 (JR11)