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AB-2016 Electronic monitoring: removing or disabling: offense.(2011-2012)

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Amended  IN  Assembly  April 12, 2012
Amended  IN  Assembly  March 29, 2012

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Assembly Bill
No. 2016


Introduced  by Morrell Assembly Member Gorell
(Coauthor(s): 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 electronic monitoring.


LEGISLATIVE COUNSEL'S DIGEST


AB 2016, as amended, Morrell Gorell. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: 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) (1) 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
(2) 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.