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AB-1858 County Sexual Assault Felony Enforcement Team Program.(2001-2002)



Current Version: 09/29/02 - Chaptered

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AB1858:v91#DOCUMENT

Assembly Bill No. 1858
CHAPTER 1090

An act to add Chapter 9.7 (commencing with Section 13887) to Title 6 of Part 4 of the Penal Code, relating to sexual assault.

[ Filed with Secretary of State  September 29, 2002. Approved by Governor  September 29, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1858, Hollingsworth. County Sexual Assault Felony Enforcement Team Program.
Existing law provides for the development of a course of training for district attorneys in the investigation and prosecution of sexual assault cases in order to encourage the establishment of sex crime prosecution units in district attorneys’ offices throughout the state. Existing law further provides for a statewide sexual habitual offender program in order to identify, locate, apprehend, and prosecute sexual habitual offenders.
This bill would provide, in addition, that any county may establish and implement a sexual assault felony enforcement (SAFE) team program. The members of the team would be specified federal, state, and local law enforcement officers and agents. The objectives of the program would be to: (1) identify, monitor, arrest, and assist in the prosecution of habitual sexual offenders who violate the terms and conditions of their probation or parole, who fail to comply with registration requirements, or who commit new sexual assault offenses; (2) collect data to determine if the proactive law enforcement procedures adopted by the program are effective in reducing violent sexual assault offenses; and (3) develop procedures for operating a multijurisdictional regional task force.

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


SECTION 1.

 The Legislature hereby finds and declares the following:
(a) Habitual sexual assault offenders pose a significant risk to the welfare and safety of the residents of California.
(b) Predatory sex offenders frequently travel to areas outside of the jurisdictions where they reside to evade surveillance and possible arrest by local law enforcement agencies for probation or parole violations.
(c) Therefore, the Legislature encourages the formation of regional law enforcement task forces consisting of officers and agents from several law enforcement agencies organized for the explicit purpose of reducing violent sexual assaults through proactive surveillance and arrests of habitual sexual offenders.

SEC. 2.

 Chapter 9.7 (commencing with Section 13887) is added to Title 6 of Part 4 of the Penal Code, to read:
CHAPTER  9.7. County Sexual Assault Felony Enforcement (SAFE)Team Program

13887.
 Any county may establish and implement a sexual assault felony enforcement (SAFE) team program pursuant to the provisions of this chapter.

13887.1.
 (a) The mission of this program shall be to reduce violent sexual assault offenses in the county through proactive surveillance and arrest of habitual sexual offenders, as defined in Section 667.71, and strict enforcement of registration requirements for sex offenders pursuant to Section 290.
(b) The proactive surveillance and arrest authorized by this chapter shall be conducted within the limits of existing statutory and constitutional law.

13887.2.
 The regional SAFE teams may consist of officers and agents from the following law enforcement agencies:
(a) Police departments.
(b) Sheriff’s departments.
(c) The Bureau of Investigations of the Office of the District Attorney.
(d) County probation departments.
(e) To the extent that these agencies have available resources, the following law enforcement agencies:
(1) The Bureau of Investigations of the California Department of Justice.
(2) The California Highway Patrol.
(3) The State Department of Corrections.
(4) The Federal Bureau of Investigation.

13887.3.
 The program established pursuant to this chapter shall have the following objectives:
(a) To identify, monitor, arrest, and assist in the prosecution of habitual sexual offenders who violate the terms and conditions of their probation or parole, who fail to comply with the registration requirements of Section 290, or who commit new sexual assault offenses.
(b) To collect data to determine if the proactive law enforcement procedures adopted by the program are effective in reducing violent sexual assault offenses.
(c) To develop procedures for operating a multijurisdictional regional task force.

13887.4.
 Nothing in this chapter shall be construed to authorize the otherwise unlawful violation of any person’s rights under the law.