BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 665
                                                                  Page  1

          Date of Hearing:   May 4, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 665 (Torres) - As Amended:  April 12, 2011 

          Policy Committee:                              Public Safety 
          Vote:        7-0

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

           SUMMARY  

          This bill makes a subsequent conviction for misdemeanor peeping 
          (PC 647(j)), with the naked eye or with the use of a camera or a 
          scope, punishable by up to one year in jail and/or a fine of up 
          to $2,000.

          (Current law makes a first and any subsequent conviction for PC 
          647(j) by up to six months in county jail and/or a fine of up to 
          $1,000.)

           FISCAL EFFECT  

          Unknown, likely minor non-state-reimbursable local incarceration 
          costs, to the extent these offenders actually serve more time in 
          county jail - most likely receive probation - offset to a degree 
          by increased fine revenue. 

           COMMENTS  

           1)Rationale.  The author contends this offense warrants a stiffer 
            penalty for repeat offenses and that the increased penalty 
            will serve as a deterrent. 

           2)Concerns  . In general there is little evidence that penalty 
            increases deter criminal behavior. 

           3)Related Legislation  . 

             a)   AB 708 (Knight), which passed this committee April 13, 
               allows a criminal complaint charging PC Sec 647(j) to be 
               filed within one year of the date a hidden recording is 








                                                                  AB 665
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               discovered.   

             b)   SB 248 (Wyland), which failed passage in Senate Public 
               Safety April 5, required a person convicted of violating PC 
               647(j) to provide a sample for DNA testing.      



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