BILL ANALYSIS
AB 2276
Page 1
Date of Hearing: April 21, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2276 (Fletcher) - As Introduced: February 18, 2010
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Department of Justice (DOJ) to make
information from the arson 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 the state."
(Current law limits provision of this information to peace
officers, which includes arson investigators, but not fire
chiefs.)
FISCAL EFFECT
1)As the bill does not clearly define "chief fire officials," or
specify the method of providing this information, the costs of
this measure could range from minor local costs to establish
electronic case-by-case request protocols, to several million
dollars in nonreimbursable local costs to support provide
dedicated data lines for local fire officials.
(Currently law enforcement accesses the information via a
secure law enforcement website, which includes access to the
state sex offender registry.)
2)One-time costs in the range of $150,000 (GF) to DOJ to
establish system protocols.
COMMENTS
1)Rationale. The author contends providing arson registry
AB 2276
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information to firefighters in addition to law enforcement
officers would enhance arson prevention efforts.
2)Current law requires any person convicted of arson or
attempted arson, as specified, to register with the local
chief of police or sheriff. Registration is for life, unless
the offender was a minor adjudicated as a ward of the court,
in which case registration is required until age 25. Failure
to register is a misdemeanor. Only peace officers may access
registration information. There are about 3,700 registered
arsonists.
3)Concerns . The author's office has agreed to address a series
of concerns while the bill is on the Suspense File.
a) The problem addressed by this bill is not clear. How
will the expansion of access to arson registry information
help prevent arson? Current law provides access to this
information to peace officer arson investigators of fire
departments. It is not clear how or why this is not
sufficient.
b) DOJ's CA Sex and Arson Registry (CSAR), formerly the
Violent Crime and Information Network, (VCIN)), includes
both the arson and sex offender registries, which makes
providing access to non-peace officers problematic.
c) The universe of "all chief fire officials" who could
access the arson registry should be clarified.
d) The method of providing information needs to be
clarified, particularly as this is the cost driver.
e) The expanded access proposed by this bill should be
cross-referenced in subdivision (j).
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081