BILL NUMBER: AB 2016 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Morrell
FEBRUARY 23, 2012
An act to add Chapter 5 (commencing with Section 653.77) to
Title 15 of Part 1 of the Penal Code, relating to
local jails electronic monitoring .
LEGISLATIVE COUNSEL'S DIGEST
AB 2016, as amended, Morrell. Local jails: electronic
monitoring. Electronic monitoring: removing or
disabling: offense.
Existing law provides various programs of in-home detention and
monitoring that include wearing global positioning system (GPS)
devices, as specified. Existing law permits, and with respect to
certain sex offenders requires, the use of electronic monitoring by
county probation departments and the Department of Corrections and
Rehabilitation to electronically monitor the whereabouts of persons
on probation and parole, respectively.
This bill would provide that unauthorized removal, as specified,
of an electronic, GPS, or other monitoring device affixed for
purposes of a criminal sentence, juvenile court disposition, parole,
or probation is an offense punishable by imprisonment in a county
jail for one year, or a $1,000 fine, or both, if the underlying
offense was a misdemeanor, or by imprisonment in the state prison for
16 months, 2 years, or 3 years, if the underlying offense is a
felony.
By creating a new crime, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would provide it would be operative only if SB 968 of
the 2011-12 Regular Session is enacted and becomes effective on or
before January 1, 2013.
Under existing law, misdemeanors and some felonies are punishable
by imprisonment in local jail facilities. Existing law provides for
the use of electronic monitoring of a person either postrelease or as
an alternative to incarceration in some circumstances.
This bill would state the intent of the Legislature to enact
legislation that would provide local safety officials with greater
flexibility and tools to manage local jail populations through
electronic monitoring.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section
653.77) is added to Title 15 of Part 1 of the Penal Code
, to read:
CHAPTER 5. DISABLING ELECTRONIC MONITORING DEVICES
653.77. (a) A person who willfully removes or disables an
electronic, global positioning system (GPS), or other monitoring
device affixed to his or her person or the person of another, knowing
that the device was affixed as a condition of a criminal sentence,
juvenile court disposition, parole, or probation, is guilty of a
public offense.
(b) (1) A person subject to an electronic, GPS, or other
monitoring device based on a misdemeanor conviction or a juvenile
adjudication for a misdemeanor offense, who willfully violates
subdivision (a) is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to one year, by a fine of up to
one thousand dollars ($1,000), or both that fine and imprisonment.
(2) Except as provided in subdivision (e), a person who willfully
removes or disables an electronic, GPS, or other monitoring device
affixed to another person where that device was affixed to the other
person based upon a misdemeanor conviction, or based upon a juvenile
adjudication for a misdemeanor offense, is guilty of a misdemeanor,
punishable by imprisonment in a county jail for up to one year, by a
fine of up to one thousand dollars ($1,000), or both that fine and
imprisonment.
(c) (1) A person subject to an electronic, GPS, or other
monitoring device based on a felony conviction, juvenile adjudication
for a felony offense, or terms of parole for a felony offense, who
willfully violates subdivision (a) is guilty of a felony, punishable
by imprisonment in the state prison for 16 months, two years, or
three years.
(2) Except as provided in subdivision (e), a person who willfully
removes or disables an electronic, GPS, or other monitoring device
affixed to another person where that device was affixed to the other
person based on a felony conviction or a juvenile conviction for a
felony offense is guilty of a felony, punishable by imprisonment in
the state prison for 16 months or three years.
(d) Nothing in this section shall be construed to prevent
punishment pursuant to any other provision of law that imposes a
greater or more severe punishment, including, but not limited to,
Section 594.
(e) This section shall not apply to the removal or disabling of an
electronic, GPS, or other monitoring device by a physician,
emergency medical services technician, or by any other emergency
response or medical personnel when doing so is necessary during the
course of medical treatment of the person subject to the electronic,
GPS, or other monitoring device. This section shall also not apply
where the removal or disabling of the electronic, GPS, or other
monitoring device is authorized or required by a court of law, or by
the law enforcement, probation, parole authority, or other entity
responsible for placing the electronic, GPS, or other monitoring
device upon the person, or that has, at the time, the authority and
responsibility to monitor the electronic, GPS, or other monitoring
device.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SEC. 3. This bill shall become operative only if
Senate Bill 968 of the 2011 -12 Regular Session is enacted
and takes effect on or before January 1, 2013.
SECTION 1. It is the intent of the Legislature
to enact legislation that would provide local safety officials with
greater flexibility and tools to manage local jail populations
through electronic monitoring.