Today's Law As Amended


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AB-63 Electronic monitoring: removing or disabling.(2013-2014)



As Amends the Law Today


SECTION 1.

 Section 3010.10 is added to the Penal Code, to read:

3010.10.
 (a) Except as provided in paragraph (2) of subdivision (c), a person subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, parole, or postrelease community supervision who willfully removes or disables, or willfully permits another to remove or disable, an electronic, global positioning system (GPS), or other monitoring device affixed to his or her person, and the device was affixed as a condition of mandatory supervision, parole, or postrelease community supervision, is guilty of a public offense, punishable by imprisonment in the county jail not exceeding one year, or in the state prison for 16 months, two years, or three years.
(b) Except as provided in subdivision (c), a person who willfully removes or disables an electronic, GPS, or other monitoring device affixed to the person of another, knowing that the device was affixed as a condition of mandatory supervision, parole, or postrelease community supervision is guilty of a felony, punishable by imprisonment in a county jail not exceeding one year, or in the state prison for 16 months, two years, or three years.
(c) (1) Subdivision (b) 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.
(2) This section shall 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.
(d) Notwithstanding any other law, any imprisonment, incarceration, or confinement ordered pursuant to a revocation hearing described in Section 3000.08 or 3455, or ordered as a result of a proceeding to revoke mandatory supervision pursuant to either subdivisions (a) and (b) of Section 1203.2 or Section 1203.3, as a result of a person violating the conditions of parole or postrelease community supervision by engaging in the conduct described in subdivision (a), when that individual has not been prosecuted under subdivision (a), shall be served in state prison.
(e) Nothing in this section shall preclude prosecution under any other law.
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.