AB 1725 Assembly Bill

BILL NUMBER: AB 1725	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010
	AMENDED IN ASSEMBLY  MARCH 8, 2010

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 3, 2010

    An act to add Section 671 to the Harbors and Navigation
Code, relating to boating.   An act to amend Section
3053 of the Penal Code, relating to prisoners. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1725, as amended, Swanson.  Boating: vessel operation
by a minor.  Parole: conditions of release: HIV/AIDS
testing.  
   Existing law establishes the Board of Parole Hearings and grants
it the power to allow prisoners imprisoned in state prisons to go
outside the prison on parole. Existing law imposes specified
conditions upon parole for various circumstances and allows the Board
of Parole Hearings to impose additional conditions of parole that it
deems proper.  
   Under existing law the board may impose as a condition of parole
that any prisoner granted parole undergo an examination or test for
tuberculosis if the board reasonably suspects the parolee has been
exposed to tuberculosis.  
   This bill would also require that the board impose as a condition
of parole that any prisoner granted parole undergo testing for
HIV/AIDS. This bill would require the testing to be conducted within
120 days prior to the prisoner's release on parole.  
   This bill would make other technical changes.  
   Existing law regulates the operation of vessels, including
imposing safety requirements on the operation of vessels, and
authorizes the Department of Boating and Waterways to issue
regulations to establish minimum safety standards for boats.
 
   This bill would enact the Boating Certification and Child Safety
Act, which would prohibit a person under 18 years of age from
operating a vessel that is propelled by an engine unless that person
is being supervised by a person who is 18 years of age or older and
who has in his or her possession a vessel operator certificate issued
by the department.  
   The bill would require the department to issue a vessel operator
certificate to a person who provides the department with proof
satisfactory to the department that the person has passed a vessel
operator test approved by the department. The bill would require the
department to charge a fee of no more than $13 for the vessel
operator certificate, and would require the fee revenue to be used to
pay for the department's costs for implementing the act. The bill
also would require the department to provide a vessel operator test
on the department's Internet Web site and to provide links from its
Internet Web site to other vessel operator tests that are on the
Internet and have been approved by the department. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    This act shall be known as the
Community Re-Entry HIV/AIDS Prevention Act. 
   SEC. 2.    Section 3053 of the   Penal Code
  is amended to read: 
   3053.  (a) The Board of  Prison Terms  
Parole Hearings  upon granting any parole to any prisoner may
also impose on the parole any conditions that it may deem proper.
   (b) The Board of  Prison Terms   Parole
Hearings  may impose as a condition of parole that any prisoner
granted parole undergo an examination or test for tuberculosis when
the board reasonably suspects that the parolee has, has had, or has
been exposed to, tuberculosis in an infectious stage. 
   (c) The Board of Parole Hearings shall impose as a condition of
parole that any prisoner granted parole undergo an examination or
test for human immunodeficiency virus (HIV) and acquired immune
deficiency syndrome (AIDS). The examination or test shall be
conducted within 120 days prior to the release of the prisoner on
parole.  
   (c) 
    (d)  For purposes of this section, an "examination or
test for tuberculosis" means testing and followup examinations or
treatment according to the Centers for Disease Control and American
Thoracic Society recommendations in effect at the time of the initial
examination. 
  SECTION 1.    Section 671 is added to the Harbors
and Navigation Code, to read:
   671.  (a) This section shall be known, and may be cited, as the
Boating Certification and Child Safety Act.
   (b) A person under 18 years of age shall not operate a vessel that
is propelled by an engine, regardless of whether the engine is the
principal source of propulsion, unless that person is being
supervised by a person who is 18 years of age or older and who has in
his or her possession a vessel operator certificate issued by the
department pursuant to this section.
   (c) (1) The department shall issue a vessel operator certificate
to a person who provides the department with proof satisfactory to
the department that the person has passed a vessel operator test
approved by the department. The vessel operator certificate shall be
valid for the life of the person to whom it is issued.
   (2) The department shall charge a fee of no more than thirteen
dollars ($13) for a vessel operator certificate.
   (3) The fee revenue received pursuant to this section shall be
used to pay the department's costs for implementing this section.
   (d) The department shall provide a vessel operator test on the
department's Internet Web site and shall provide links from its
Internet Web site to other vessel operator tests that are on the
Internet and have been approved by the department.