BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 452
                                                                  Page  1

          Date of Hearing:   May 11, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                      AB 452 (Ma) - As Amended:  April 25, 2011 

          Policy Committee:                              Public 
          SafetyVote:  7-0
                       Judiciary                                  9-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill expands the misdemeanor offense of using an electronic 
          tracking device on a non-consenting party to include use of a 
          third party to employ the device. This bill also:

          1)Provides for numerous exemptions, including law enforcement, 
            legal guardians, authorized and commercial service providers.

          2)Makes it a misdemeanor to require or compel another person to 
            undergo subcutaneous implantation of an electronic tracking 
            device.   

           FISCAL EFFECT  

          1)Negligible state cost.

          2)Unknown, likely minor, non-state-reimbursable local costs, 
            offset to a degree by increased fine revenue, to the extent 
            anyone is prosecuted for third party electronic tracking. 

           COMMENTS  

           Rationale  . The author and sponsor, the L.A. City Attorney, 
          contend this bill updates the code to protect privacy. According 
          to the L.A. City Attorney, "Prosecutors are now encountering 
          problems applying some of California's current Penal Code 
          sections to conduct that is presently endangering and harming 
          our community.  AB 452 works to criminalize the abuse of 
          technology, while permitting those who choose to use it to 
          locate friends, family members and others, to lawfully do so."








                                                                  AB 452
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           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081