BILL ANALYSIS �
AB 117
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CONCURRENCE IN SENATE AMENDMENTS
AB 117 (Budget Committee)
As Amended April 11, 2011
Majority vote
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|ASSEMBLY: | |(February 22, |SENATE: |22-13|(April 11, |
| | |2011) | | |2011) |
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(vote not relevant)
SUMMARY : Makes technical changes to AB 109 (Budget Committee),
Chapter 15, Statutes of 2011 pertaining to public safety
realignment.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Amend one Health and Safety Code section and various Penal
Code sections to avoid conflict with the following
initiatives:
a) California Proposition 21 passed in 2000 it increased a
variety of criminal penalties for crimes committed by youth
and incorporated many youth offenders into the adult
criminal justice system;
b) California Proposition 69 passed in 2004 it allow for
the collection of DNA samples from all felons and from
people who have been arrested for certain crimes;
c) California Proposition 6 passed in 1998. The law puts
horses (including ponies), donkeys, and mules under the
same pet classification as dogs and cats, thus making it a
felony for any person in the state to possess, transfer,
receive, or hold any such animal with the intent to kill
it, or have it killed, where the person knows, or should
have known, that any part of the carcass will be used for
human consumption. An additional provision makes it a
misdemeanor to sell horseflesh within the state as meat
intended for human consumption. The law further allows for
anyone previously convicted of selling horsemeat to be
charged with a felony in any future prosecutions for the
same offense; and,
AB 117
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d) California Proposition 83 passed in 2006 (also known as
the Sexual Predator Punishment and Control Act: Jessica's
Law or simply, Jessica's Law).
e) California 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.
2)Make 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).
3)Remove an inadvertent drafting error by restoring "petty with
a prior" penalties applicable to registered sex offenders and
persons with violent or serious felony priors as enacted in
AB 1844 (Fletcher), Chapter 219, Statutes of 2010.
4)Clarify that counties may enter into a Memorandum of
Understanding with the state to house minors who are
adjudicated for specified sex offenses. Additionally, allows
counties to create a Joint Powers Authority to provide for
supervision of juvenile offenders.
AS PASSED BY THE ASSSEMBLY , this bill expressed the intent of
the Legislature to enact statutory changes relating to the
Budget Act of 2011.
FISCAL EFFECT : This bill may result in minor state costs as the
result an increase to the state prison population of
approximately 100 inmates.
Analysis Prepared by : Joe Stephenshaw / BUDGET / (916)
319-2099
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