BILL ANALYSIS
SB 1062
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Date of Hearing: June 29, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1062 (Strickland) - As Amended: May 25, 2010
SUMMARY : Makes technical and corrective changes to various code
sections relating generally to criminal justice, as specified.
Specifically, this bill :
1)States that the provisions of existing law regarding the
procurement of financial records by the government do not
prohibit the production real estate records upon the ex parte
application of a peace officer engaged during the course of a
felony fraud investigation.
2)Repeals provisions establishing the Transitional State Courts
Facilities Construction Fund, and deletes provisions calling
providing for a reduction in court construction penalties for
the amounts collected for transmission to that fund.
3)Clarifies that there is an enhanced penalty for deriving
support or maintenance from a prostitute ("pimping") that is
16 years of age or older, rather than over the age of 16.
4)Clarifies that there is an enhanced penalty for procuring
another person for the purpose of prostitution or for inducing
another person to become a prostitute ("pandering") if that
person is 16 years or age or over, rather than over the age of
16.
5)Adds omitted cross-references to a recently enacted provision
of law that allows an officer of a postsecondary educational
institution where a student has suffered a credible threat of
violence to seek a protective order.
6)Clarifies that a probation department shall, prior to
sentencing, perform a risk assessment on every eligible
person, as defined, whether or not it prepares a probation
report, as specified.
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7)Deletes a reference to the Department of Justice's (DOJ) "Sex
Offender Tracking Program" and replaces it with the current
"High Risk Sex Offender Program".
8)Repeals a near duplicate version of the Community Corrections
Performance Act and retains the act whose provisions include a
victim representative on a local advisory panel created by the
act.
9)Makes a clarifying amendment to the Community Corrections
Performance Corrections Act of 2009 related to the calculation
of the formula to determine the state's avoided cost resulting
from reduced probation revocations. The formula shall be
based on the average felony probation population rather than a
point in time population
10)Allows service of a subpoena to be effected when the person
served acknowledges receipt of the subpoena to the sender by
means of e-mail or an online form acknowledging the receipt of
the subpoena, and requires the sender to retain acknowledgment
received by these methods until the court date for which the
subpoena was issued or a later date if specified by the court.
11)Replaces the outdated term "sexual habitual offender" with
the term "high risk sex offender."
12)Replaces the outdated title of the DOJ "Sexual Habitual
Offender Program" with the title "High Risk Sex Offender
Program" charged with identifying high-risk sex offenders and
collecting risk assessment scores.
13)Replaces the outmoded non-evidence-based definition of a
"sexual habitual offender" with the current definition of
"high-risk sex offender" in conformance with the state's risk
assessment scheme, as specified.
14)Conforms existing law on the collection of information
related to high-risk sex offenders by the DOJ with the current
statutory scheme regarding records used in risk assessments.
15)Conforms existing law on profiling sex offenders to the
current definition of "high-risk sex offenders" and clarifies
that the DOJ may disseminate the profiles on high-risk sex
offenders to law enforcement agencies via electronic means.
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16)Provides that any section of any other act enacted by the
Legislature during the 2010 calendar year that takes effect on
or before January 1, 2011 and that amends; amends and
renumbers; adds, repeals and adds; or repeals a section that
is amended, amended and renumbered, added, repealed and added,
or repealed by this act shall prevail over this act, whether
that act is enacted prior to, or subsequent to the enactment
of this act.
17)Makes purely technical corrections to various other code
sections.
EXISTING LAW :
1)Allows the court to order the production of relevant records
in the possession of a real estate record holder in whatever
form and however stored may be issued by a by a judge upon a
written ex parte application made under penalty of perjury be
a peace officer that there are reasonable grounds to believe
that the records sought are relevant and material to an
ingoing investigation of a felony fraud violation. [Penal
Code Section 532f(c)(1).]
2)Provides that there is herby established in the State Treasury
the Transitional State Court Facilities Construction Fund.
For each facility transferred to the state that is subject to
bond indebtedness and for which a revenue source is
transferred to the state, as specified, a separate account
shall be established and disburse money for that facility.
The county shall continue to collect and transfer to the
controller for deposit in the fund the money transferred to
service the debt on the facility. The fund shall cease to
exist when all debt transferred to the state has been paid.
(Government Code Section 70401.)
3)Provides that any person who knows that another person is a
prostitute and derives support or maintenance in whole or in
part from the earnings or proceeds of that person's
prostitution is guilty of pimping, a felony, and if the person
engaged in the prostitution is a minor over the age of 16 the
offense is punishable by three, four, or six years in the
state prison. [Penal Code Section 266h(b)(1).]
4)Provides that any person who procures another person for the
purpose of prostitution, or who by promises, threats, or
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violence induces or persuades another person to become a
prostitute is guilty of pandering, a felony, and if the other
person is a minor over the age of 16 the offense is punishable
by three, four, or six years in the state prison. [Penal Code
Section 266i(b)(1).]
5)Provides that service of a subpoena may be delivered by mail
or messenger. Service shall be effected when the witness
acknowledges receipt of the subpoena to the sender, by
telephone, by mail, or in person, and the person identifies
himself or herself, as specified. (Penal Code Section 1328d.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill is
the public safety omnibus bill of non-controversial changes to
statute that are primarily technical and corrective. This
bill also changes requirements on county probation departments
with regard to the State Authorized Risk Assessment Tool for
Sex Offenders, and requirements on the DOJ to maintain
additional information. This bill makes technical and
corrective changes to various code sections relating generally
to criminal justice laws, as specified.
"In past years, the omnibus bill has been introduced by all
members of the Committee on Public Safety. This year, like
last year, Senator Strickland is carrying the bill. This bill
is similar to the ones introduced as Committee bills in the
past in that it has been introduced with the following
understanding: (a) the bill's provisions make only technical
or minor changes to the law; and (b) there is no opposition by
any member of the Legislature or recognized group to the
proposal.
"This procedure has allowed for introduction of fewer minor
bills and has saved the Legislature time and expense."
2)Prior Legislation :
a) SB 174 (Strickland), Chapter 35, Statutes of 2009, was
the annual 2009 Public Safety Committee's omnibus bill.
b) SB 1241 (Margett), Chapter 699, Statutes of 2008, was
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the annual 2008 Public Safety Committee's omnibus bill.
REGISTERED SUPPORT / OPPOSITION :
Support
California District Attorneys Association (Sponsor)
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744