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AB-3038 Probation: sex offenders. (2007-2008)

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AB3038:v96#DOCUMENT

Assembly Bill No. 3038
CHAPTER 596

An act to amend Section 293 of the Penal Code, relating to crime, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  September 30, 2008. Filed with Secretary of State  September 30, 2008. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 3038, Tran. Probation: sex offenders.
Current law provides that the victim of a sex offense may request that his or her name and address not be a matter of public record. Current law further provides that the name of a person who is the victim of a sex offense may be disclosed to certain law enforcement officials, including county probation officers, if the person who is alleged to have committed the sex offense is a probationer or is under investigation by a county probation department to prepare a presentence report, as defined.
This bill would delete the requirement that an investigation of a person be for purposes of preparing a presentence report in order for a county probation officer to receive the names and addresses of victims of sex offenses alleged to have been committed by the person.
Existing law prohibits a law enforcement agency from disclosing the name of a victim of a sex offense, under specified circumstances, except to certain parties or entities, including county probation offices.
This bill would exempt from this prohibition disclosure to probation officers instead of probation offices.
This bill would incorporate additional changes in Section 293 of the Penal Code, proposed by AB 2810, to be operative only if AB 2810 and this bill are both chaptered and become effective on or before January 1, 2009, and this bill is chaptered last.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 293 of the Penal Code is amended to read:

293.
 (a) Any employee of a law enforcement agency who personally receives a report from any person, alleging that the person making the report has been the victim of a sex offense, shall inform that person that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record, pursuant to Section 6254 of the Government Code.
(b) Any written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize his or her response.
(c) No law enforcement agency shall disclose to any person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the address of a person who alleges to be the victim of a sex offense.
(d) No law enforcement agency shall disclose to any person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of a sex offense, if that person has elected to exercise his or her right pursuant to this section and Section 6254 of the Government Code.
(e) For purposes of this section, sex offense means any crime listed in paragraph (2) of subdivision (f) of Section 6254 of the Government Code.
(f) Parole officers of the Department of Corrections and Rehabilitation and hearing officers of the parole authority, and probation officers of county probation departments, shall be entitled to receive information pursuant to subdivisions (c) and (d) only if the person to whom the information pertains alleges that he or she is the victim of a sex offense, the alleged perpetrator of which is a parolee who is alleged to have committed the sex offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the sex offense is a probationer or is under investigation by a county probation department.

SEC. 1.5.

 Section 293 of the Penal Code is amended to read:

293.
 (a) Any employee of a law enforcement agency who personally receives a report from any person, alleging that the person making the report has been the victim of a sex offense, or was forced to commit an act of prostitution because he or she is the victim of human trafficking, as defined in Section 236.1, shall inform that person that his or her name will become a matter of public record unless he or she requests that it not become a matter of public record, pursuant to Section 6254 of the Government Code.
(b) Any written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize his or her response.
(c) No law enforcement agency shall disclose to any person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the address of a person who alleges to be the victim of a sex offense or who was forced to commit an act of prostitution because he or she is the victim of human trafficking, as defined in Section 236.1.
(d) No law enforcement agency shall disclose to any person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of a sex offense or who was forced to commit an act of prostitution because he or she is the victim of human trafficking, as defined in Section 236.1, if that person has elected to exercise his or her right pursuant to this section and Section 6254 of the Government Code.
(e) For purposes of this section, sex offense means any crime listed in paragraph (2) of subdivision (f) of Section 6254 of the Government Code.
(f) Parole officers of the Department of Corrections and Rehabilitation and hearing officers of the parole authority, and probation officers of county probation departments, shall be entitled to receive information pursuant to subdivisions (c) and (d) only if the person to whom the information pertains alleges that he or she is the victim of a sex offense or was forced to commit an act of prostitution because he or she is the victim of human trafficking, as defined in Section 236.1, the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer or is under investigation by a county probation department.

SEC. 2.

 Section 1.5 of this bill incorporates amendments to Section 293 of the Penal Code proposed by both this bill and AB 2810. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2009, but this bill becomes operative first, (2) each bill amends Section 293 of the Penal Code, and (3) this bill is enacted after AB 2810, in which case Section 293 of the Penal Code, as amended by Section 1 of this bill, shall remain operative only until the operative date of AB 2810, at which time Section 1.5 of this bill shall become operative.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the public, county probation officers need victim information as soon as possible for legitimate law enforcement purposes even though they are not conducting an investigation to prepare a presentence report.