BILL ANALYSIS �
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THIRD READING
Bill No: AB 117
Author: Assembly Budget Committee
Amended: 4/11/11
Vote: 21
WITHOUT REFERENCE TO FILE
SENATE BUDGET & FISCAL REVIEW COMMITTEE : Not available
ASSEMBLY FLOOR : Not relevant
SUBJECT : Budget Act of 2011: Criminal Justice
realignment
SOURCE : Author
DIGEST : This bill makes specified, largely technical
corrections to AB 109 (Assembly Budget Committee), Chapter
15, Statutes of 2011, concerning public safety realignment,
consistent with the purposes of that bill. These
corrections do the following: (1) restore to current law
certain amendments unintentionally made in AB 109 to
several statutory provisions enacted or substantively
amended by voter initiatives; (2) correct technical
drafting errors in AB 109; and (3) correct two substantive
drafting errors in AB 109 pertaining to the crime of petty
theft with a prior, and the admission eligibility of
juvenile sex offenders into the state Division of Juvenile
Justice.
CONTINUED
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ANALYSIS : Existing law provides that certain specified
felonies are punishable by incarceration in state prison.
If AB 109 of the 2011-12 Regular Session becomes operative,
certain of those felonies shall instead be punishable by
incarceration in a county jail.
This bill provides that, if AB 109 of the 2011-12 Regular
Session becomes operative, certain specified felonies would
continue to be punishable by incarceration in state prison.
This bill makes other technical changes.
Existing law provides that petty theft is a misdemeanor,
except that every person who, having been convicted of
three or more times of petty theft, grand theft, auto
theft, burglary, carjacking, robbery, or receiving stolen
property and having served time in a penal institution
therefor, is subsequently convicted of petty theft, is
punishable by imprisonment in a county jail not exceeding
one year, or in the state prison. Existing law also
provides that persons required to register as sex
offenders, or with a prior serious or violent felony
conviction who have been convicted and imprisoned for the
commission of specified crimes, including, among others,
petty theft, auto theft, burglary, carjacking, or robbery,
are subject to imprisonment in the state prison with one
prior qualifying offense, rather than three. If AB 109 of
the 2011-12 Regular Session becomes operative, those
provisions subjecting persons to imprisonment in the state
prison with one prior qualifying offense would be deleted.
This bill, if AB 109 of the 2011-12 Regulator Session
becomes operative, restores those provisions subjecting
persons to imprisonment in the state prison with one prior
qualifying offense and thereby maintain existing law.
This bill appropriates $1,000 from the General Fund to the
Department of Corrections and Rehabilitation for purposes
of state operations. This bill declares that it is to take
effect immediately as a bill providing appropriations
related to the Budget Bill.
This bill restores specified statutory provisions enacted
or substantively amended by the following voter approved
initiatives which were unintentionally amended in AB 109:
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Proposition 21 . Passed in 2000; increased a variety of
criminal penalties for crimes committed by youth and
incorporated many youth offenders into the adult criminal
justice system.
Proposition 69 . Passed in 2004; allows for the
collection of DNA samples from all felons and from people
who have been arrested for certain crimes.
Proposition 6 . Passed in 1998; created new felonies
related to the killing of horse, donkey or mules for
human consumption and the sale of horsemeat.
Proposition 83 . Passed in 2006; among other things,
increased the penalties for sex offenders and broadened
the definition of certain sexual offenses. This
proposition is also referred to as Jessica's Law.
Proposition 187 . Passed in 1994; designed to create a
state-run citizenship screening system in order to
prohibit undocumented persons from using health care,
public education, and other social services.
Under current law, Penal Code Section 666 generally
provides that petty theft with a prior, as specified, is a
wobbler for persons who have been convicted three or more
times of petty theft or a related petty theft crime, as
specified. However, for persons who are required to
register as a sex offender, or have a prior violent or
serious felony conviction, petty theft with a prior is a
wobbler regardless of their prior theft conviction history.
(Penal Code Section 666.) AB 109 inadvertently changed
the definition of this crime, as enacted in AB 1844
(Fletcher), Chapter 219, Statutes of 2010. These
amendments undo this inadvertent drafting error by
restoring the "petty with a prior" penalties applicable to
registered sex offenders and persons with violent or
serious felony priors as enacted in AB 1844.
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This bill clarifies that counties may enter into a
Memorandum of Understanding with the state to house minors
who are adjudicated for specified sex offenses.
This bill allows counties to create a joint powers
authority to provide for supervision of juvenile offenders.
This bill makes purely technical reference change to Penal
Code Section 3000.09 related to offenders that will
continue to be supervised on state parole (serious,
violent, third strike, and high risk sex offenders).
Prior Legislation
AB 109 (Assembly Budget Committee), Chapter 15, Statutes of
2011, passed the Senate (24-16) on March 17, 2011.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
Once AB 109 is implemented, this bill may result in
approximately $2.5 million annually to the state as the
bill will result in an increase to the state prison
population of approximately 100 inmates.
RJG:mw 4/11/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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