BILL NUMBER: AB 1036	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2006
	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 22, 2005

    An act to amend Section 786 of the Penal Code, relating
to crime.   An act to amend Section 271.5 of the Penal
Code, relating to abandonment of newborns. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1036, as amended, Koretz   Identity theft. 
 Child   a   bandonment: newborns.  
   Existing law makes it a crime for a parent of a minor child,
without lawful excuse, to not furnish necessary clothing, food,
shelter, or medical or remedial care for the child, or to refuse,
without lawful excuse, to accept the child in his or her home or
provide alternate shelter. Existing law also makes it a crime for a
parent of a child under the age of 14 to desert the child with intent
to abandon, or for any person to knowingly or willfully abandon or,
having the ability to refuse to do so, fail to maintain his or her
child under the age of 14 years.   
   Existing law provides that no parent or other person having lawful
custody of a minor child 72 hours old or younger may be prosecuted
for a violation of the above crimes if he or she voluntarily
surrenders physical custody of the child to an employee on duty at a
public or private hospital emergency room, or any additional location
designated by the board of supervisors. Existing law provides that
within 48 hours of accepting physical custody of a child who is
surrendered pursuant to these provisions, the personnel that have
custody of the child must notify child protective services or a
county agency providing child welfare services. Existing law requires
that agency to immediately notify the State Department of Social
Services of each child to whom this provision applies upon taking
temporary custody of the child.   
   This bill would revise those provisions to also provide that no
parent or other person having lawful custody of a minor child 72
hours old or younger may be prosecuted for a violation of those
crimes if he or she voluntarily surrenders physical custody of the
child to an appropriate person, as defined, in a suitable location,
or leaves the child in a suitable location and promptly notifies an
appropriate person of the child's location.   
   Existing law provides that the jurisdiction of a criminal action
for unauthorized use of personal identifying information includes the
county in which the theft of the information occurred and the county
in which the information was used for an illegal purpose. 

   This bill would expand these provisions to include unauthorized
retention and transfer of personal identifying information. This bill
would also add the county in which the victim resided at the time
the offense was committed to the jurisdictions in which a criminal
action may be brought for commission of these crimes. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


   SECTION 1.    Section 271.5 of the Penal Code is
amended to read: 
   271.5.  (a) No parent or other individual having lawful custody of
a minor child 72 hours old or younger may be prosecuted for a
violation of Section 270, 270.5, 271, or 271a if he or she
voluntarily surrenders physical custody of the child to personnel on
duty at a safe-surrender site  , or   voluntarily
surrenders physical custody of the child to an appropriate person in
a suitable location, or leaves the child in a suitable location and
promptly notifies an appropriate person of the child's location 
.
   (b) For purposes of this section, "safe-surrender site" has the
same meaning as defined in paragraph (1) of subdivision (a) of
Section 1255.7 of the Health and Safety Code.
   (c) (1) For purposes of this section, "lawful custody" has the
same meaning as defined in subdivision (j) of Section 1255.7 of the
Health and Safety Code.
   (2) For purposes of this section, "personnel" has the same meaning
as defined in paragraph (2) of subdivision (a) of Section 1255.7 of
the Health and Safety Code.  
   (3) For purposes of this section, "appropriate person" is a person
who is able to properly care for and keep the child safe from
physical injury.     
  SECTION 1.    Section 786 of the Penal Code is
amended to read:
   786.  (a) When property taken in one jurisdictional territory by
burglary, carjacking, robbery, theft, or embezzlement has been
brought into another, or when property is received in one
jurisdictional territory with the knowledge that it has been stolen
or embezzled and the property was stolen or embezzled in another
jurisdictional territory, the jurisdiction of the offense is in any
competent court within either jurisdictional territory, or any
contiguous jurisdictional territory if the arrest is made within the
contiguous territory, the prosecution secures on the record the
defendant's knowing, voluntary, and intelligent waiver of the right
of vicinage, and the defendant is charged with one or more property
crimes in the arresting territory.
   (b) (1) The jurisdiction of a criminal action for unauthorized
use, retention, or transfer of personal identifying information, as
defined in Section 530.5 of the Penal Code, shall also include the
county where the theft of the personal identifying information
occurred, the county in which the victim resided at the time the
offense was committed, or the county where the information was used
for an illegal purpose. If multiple offenses of unauthorized use of
personal identifying information, all involving the same defendant or
defendants and the same personal identifying information belonging
to the one person, occur in multiple jurisdictions, any one of those
jurisdictions is a proper jurisdiction for all of the offenses.
   (2) When charges alleging multiple offenses of unauthorized use of
personal identifying information occurring in multiple territorial
jurisdictions are filed in one county pursuant to this section, the
court shall hold a hearing to consider whether the matter should
proceed in the county of filing, or whether one or more counts should
be severed.  The district attorney filing the complaint shall
present evidence to the court that the district attorney in each
county where any of the charges could have been filed has agreed that
the matter should proceed in the county of filing. In determining
whether all counts in the complaint should be joined in one county
for prosecution, the court shall consider the location and complexity
of the likely evidence, where the majority of the offenses occurred,
the rights of the defendant and the people, and the convenience of,
or hardship to, the victim and witnesses.
   (c) This section shall not be interpreted to alter victims' rights
under Section 530.6.