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AB-4152 Career criminals.(1989-1990)

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AB4152:v95#DOCUMENT

Assembly Bill No. 4152
CHAPTER 1554

An act to add and repeal Chapter 6.5 (commencing with Section 13855) to Title 6 of Part 4 of the Penal Code, relating to criminals, and making an appropriation therefor.

[ Filed with Secretary of State  September 30, 1990. Approved by Governor  September 29, 1990. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 4152, Cannella. Career criminals.
Existing law establishes various projects to aid in the apprehension and prosecution of criminals, including the California Career Criminal Apprehension Program, the Serious Habitual Offender Program, and the Violent Criminal Information Center.
This bill would establish the Armed Career Criminal Pilot Project, to be implemented by the Department of Justice in all but specified counties. The purpose of the project is to evaluate the propensity of armed career criminals to commit further offenses, to utilize information provided from other agencies to provide law enforcement officials with information on armed career criminals, to assist in identifying suspects, to provide information for sentencing, and to develop a data processing system for information on armed career criminals.
This bill would also require the Department of Corrections, the Department of Motor Vehicles, and law enforcement agencies, when requested by the Department of Justice, to provide copies of existing information maintained in their files regarding armed career criminals, as specified, and to provide followup information as it becomes available. To the extent that this bill would place an added burden on local law enforcement agencies in supplying the required information, it constitutes a state-mandated local program.
The Department of Justice would be required to report to the Legislature, as specified, and the project would be repealed on January 1, 1996.
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, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures and, if the statewide cost does not exceed $1,000,000, shall be made from the State Mandates Claims Fund.
The bill would appropriate $140,000 from the Department of Justice’s State Asset Forfeiture Fund for the program.
Appropriation: yes.

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 6.5 (commencing with Section 13855) is added to Title 6 of Part 4 of the Penal Code, to read:
CHAPTER  6.5. Armed Career Criminals

13855.
 The Legislature hereby finds that a small number of repeat felony offenders, known as a career criminals, commit a disproportionate number of crimes, often while armed with firearms. In enacting this chapter, the Legislature intends to assist law enforcement authorities in identifying, apprehending, prosecuting, and imprisoning armed career criminals.

13855.1.
 As used in this chapter, “armed career criminal” means a person who has previously been convicted of three serious felonies in this state, or offenses committed in other jurisdictions which include all of the elements of a serious felony. As used in this section, “serious felony” means a serious felony listed in subdivision (c) of Section 1192.7.

13855.2.
 The Department of Justice may request the Department of Corrections, the Department of Motor Vehicles, and local law enforcement agencies to provide existing information from their files regarding persons identified as armed career criminals. The Department of Corrections, the Department of Motor Vehicles, and law enforcement agencies shall, when requested by the Department of Justice, provide copies of existing information maintained in their files regarding persons identified as armed career criminals and provide followup information as it becomes available.

13855.4.
 (a)  The Armed Career Criminal Pilot Project is hereby created. The Department of Justice shall, subject to the availability of funds, implement the project to do all of the following:
(1)  Evaluate the propensity of armed career criminals released from federal, state, and local penal institutions to commit further offenses.
(2)  Utilize information from the Departments of Justice, Corrections, and Motor Vehicles, and appropriate federal agencies to provide law enforcement officials within the pilot project with comprehensive information on armed career criminals in their communities.
(3)  Assist in identifying suspects based upon analysis and comparison of methods of operations.
(4)  Provide information for sentencing purposes.
(5)  Develop an automated data-processing system to store, search, and retrieve information collected on armed career criminals.
(b)  The pilot program shall operate in all counties, except the following counties: Imperial, Los Angeles, Orange, Riverside, Santa Barbara, San Bernardino, San Diego, San Luis Obispo, and Ventura.
(c)  The department shall provide reports to the Legislature on the Armed Career Criminal Project every March 1, beginning in 1992. The report shall include the number of files reviewed, the number of career criminals monitored, the number of crimes solved, and documentation showing how this program contributed to solving these crimes. The pilot program shall be considered successful if each year (1) 400,000 files are reviewed, (2) 1,000 career criminals are monitored, (3) documentation can be provided showing that at least 300 violent felony crimes were solved that would not have been solved without this pilot, and (4) there is at least an annual 10 percent increase in the number of crimes solved as a result of this pilot program.

13855.5.
 This chapter shall remain in effect only until January 1, 1996, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1996, deletes or extends that date.

SEC. 2.

 Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.

SEC. 3.

 The sum of one hundred forty thousand dollars ($140,000) is hereby appropriated from the Department of Justice’s State Asset Forfeiture Fund to implement the Armed Career Criminal Pilot Project.