BILL ANALYSIS
AB 2276
Page 1
Date of Hearing: April 6, 2010
Counsel: Milena Nelson
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2276 (Fletcher) - As Introduced: February 18, 2010
SUMMARY : Allows chief fire officials to access the convicted
arsonist registry. Specifically, this bill requires the
Department of Justice (DOJ) to make information from the
arsonist registry, which consists of a signed statement by the
convicted individual and that individual's photograph and
fingerprint, available to all chief fire officials of legally
organized fire department or fire protection districts in
California.
EXISTING LAW :
1)Requires any person convicted of arson or attempted arson, as
specified in the Penal Code, to register with the local chief
of police or sheriff of the county or unincorporated area
where the person is residing, or is located if the person has
no residence, within 14 days of coming into that city or
unincorporated area. If the person is also resides or is
located on a campus of the University of California, the
California State University, or a community college, or any
facilities thereof, that person must additionally register
with the chief of police for that campus within 14 days.
[Penal Code Section 457.1(a) and (b)(1).]
2)States that if the person was convicted on or after November
30, 1994, that person must register for the remainder of his
or her life. [Penal Code Section 457.1(b)(2).]
3)States that if the person was adjudicated a ward of the court,
having committed arson or attempted arson, that person must
register until either until he or she turns 25 years of age,
or until his or her records are sealed. [Penal Code Section
457.1(b)(3).]
4)States that if the person was convicted after January 1, 1985
through November 29, 1994, that person must register for five
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years following either release from confinement, or if not
confined, from the date of sentencing or discharge. [Penal
Code Section 457.1(b)(3).]
5)Requires any person required to register be notified of his or
her duty to register before discharge or release from any
institution he or she was confined in for arson or attempted
arson. The official of the institution must obtain the
expected address of the person upon release and shall report
this address to DOJ. If DOJ requires such, the person must
sign a form indicating that the duty to register has been
explained to him or her. Copies of this form must be given to
the individual, the law enforcement agency in the jurisdiction
the individual intends to reside upon release, the prosecuting
agency, the chief fire official of the jurisdiction where the
individual intends to reside, and DOJ. One copy will also be
retained by the institution. All forms must be transmitted so
as to be received 30 days prior to the discharge, parole, or
release of the person. [Penal Code Section 457.1(c).]
6)Requires any records related to registration in the custody of
DOJ, law enforcement, and other agencies or public officials
shall be destroyed when the individual required to be
registered, if adjudicated by the juvenile court, reaches the
age 25, or has his or her records sealed. [Penal Code Section
457.1(d).]
7)Requires any person required to register be notified of his or
her duty to register prior to release on probation or upon
payment of a fine by the probation department of the county in
which he or she has been convicted or arson or attempted
arson. The probation official must obtain the expected
address of the person upon release or discharge and shall
report this address to DOJ. If DOJ requires such, the person
must sign a form indicating that the duty to register has been
explained to him or her. Copies of this form must be given to
the individual, the law enforcement agency in the jurisdiction
the individual intends to reside upon release, the prosecuting
agency, the chief fire official of the jurisdiction where the
individual intends to reside, and DOJ. One copy will also be
retained by the probation officer. [Penal Code Section
457.1(e).]
8)States that registration consists of a statement in writing,
signed by the person, giving information that may be required
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by DOJ, and the fingerprint and photograph of the individual.
Within three days of registration, the registering law
enforcement agency shall electronically forward the
information to DOJ. [Penal Code Section 457.1(f).]
9)Requires any changes to the address of the individual's
address be reported to the law enforcement agency where that
individual last registered within 10 days of the change. That
information must be electronically forwarded to DOJ within
three days. DOJ shall forward appropriate registration data
to the law enforcement agency having local jurisdiction over
the new place of residence. [Penal Code Section 457.1(g).]
10)Specifies that failure to register is a misdemeanor. Willful
violation of the registration requirement requires confinement
of not less than 90 days and not more than one year in county
jail. [Penal Code Section 457.1(h).]
11)States that parole or probation of an individual may be
revoked if the individual fails to register. [Penal Code
Section 457.1(i).]
12)Permits only regularly employed peace officers or other law
enforcement officers to access the statements, photographs and
fingerprints required to register. [Penal Code Section
457.1(j).]
13)Clarifies that if an individual who would be required to
register is temporarily sent outside the institution where he
or she is confined on any assignment within a city or county
for the purposes of firefighting or disaster control, or other
assignment, the local law enforcement agency having
jurisdiction over the place or places where the assignment
shall occur will be notified within a reasonable time prior to
the removal of the institution. Notice is not required if the
individual is released under guard. [Penal Code Section
457.1(k).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "When
registering with local authorities, arsonists' information is
ONLY given to the law enforcement and fire agencies overseeing
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where the arsonist resides.
"In many parts of California borders of multiple counties and
cities are within a very small geographic area. People move
freely from county to county on a regular basis falling under
the jurisdiction of multiple law enforcement and fire
agencies.
"It is necessary for law enforcement and fire agencies to have
access to this information in order to prevent possible
re-offense by registered arsonists. County and city lines do
not stop arsonists from starting fires beyond their area of
residence. AB 2276 will give these authorities the ability to
keep track of arsonists who are potential threats in their
area even if the arsonist does not reside within that
jurisdiction."
2)Background : According to background information provided by
the author, "The 2009 Station Fire which burned over 160,000
acres or 250 square miles, burned for over 50 days, destroyed
over 200 structures and killed two firefighters is one example
of the hundreds of fires started each year by arsonist in
California. The Station Fire cost the state over $30 million,
and is expected to carry a price tag of over $40 million in
clean up.
"In 2009 California had over 5,000 fires throughout the state.
In Cal Fire regulated area alone on average 323 fires are
started by arsonist each year.
"California's Arson Registry: In 1985, California established
an arson registry in which all convicted arsonist must
register with certain local official in the area in which the
arsonist resides. An adult arsonist must register for life,
while youth are removed at 25 or when their records are
sealed. As of September 2009 3,700 people around the state
were on the registry.
"When registering with local authorities, arsonists' information
is given to the law enforcement and fire agencies overseeing
where the arsonist resides. DOJ is sent all information
throughout the state and places for the California's Arson
Registry.
"Problem: In many parts of California, borders of multiple
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counties and cities are within a very small geographic area.
People move freely from county to county on a regular basis
falling under the jurisdiction of multiple law enforcement and
fire agencies.
"It is necessary for law enforcement and fire agencies to have
access to this information in order to prevent possible
re-offense by registered arsonists. County and city lines do
not stop arsonists from starting fires beyond their area of
residence. AB 2276 will give these authorities the ability to
keep track of arsonists who are potential threats in their
area even if the arsonist does not reside within that
jurisdiction."
3)Chief Fire Officials Should Have Access to the Arson Registry :
In investigating possible incidences of arson, the chief fire
official is an essential part of the investigation. The
information included in the arson registry, including a
picture of the registered individual, and his or her
fingerprint and location, will likely prove to be a valuable
tool to chief fire officials in these investigations.
Additionally, because the information in the registry is
already collected and accessible to law enforcement officers,
there is very little additional cost.
4)Prior Legislation :
a) SB 555 (Karnette), Chapter 518, Statutes of 1999,
expanded the list of crimes requiring registration to
include aggravated arson, and specified the length of time
registration is required.
b) AB 1854 (Thompson), Chapter 359, Statutes of 1998, made
the list of individuals registered available to chief fire
officials of the jurisdiction where that individual
resides.
c) SB 1797 (Thompson), Chapter 1142, Statutes of 1996,
expanded the list of agencies a qualified individual must
register with to include the chief law enforcement officer
of any campus or facility of the University of California,
California State University or community college.
REGISTERED SUPPORT / OPPOSITION :
AB 2276
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Support
None
Opposition
None
Analysis Prepared by : Milena Nelson / PUB. S. / (916)
319-3744