BILL NUMBER: AB 2121INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gray FEBRUARY 20, 2014 An act to amend Section 3010.10 of the Penal Code, relating to sex offenders. LEGISLATIVE COUNSEL'S DIGEST AB 2121, as introduced, Gray. Sex Offenders: parole: disabling monitoring device. Existing law, subject to exceptions, prohibits a person required to register as a sex offender from removing or disabling an electronic monitoring device, or permitting another to do so, if the device is a condition of parole. A violation of these provisions requires the parole authority to revoke the person's parole and to require incarceration of the person in a county jail for 180 days. This bill would increase the penalty for this parole violation to incarceration in a county jail for not less than 180 days and not more than one year. By increasing the incarceration duties of local jail facilities, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3010.10 of the Penal Code is amended to read: 3010.10. (a) A person who is required to register as a sex offender pursuant to Section 290 shall not remove or disable, or permit another to remove or disable, an electronic, global positioning system (GPS), or other monitoring device affixed to his or her person as a condition of parole, when he or she knows that the device was affixed as a condition of parole. (b) (1) This section shall not apply if the removal or disabling of an electronic, GPS, or other monitoring device is performed 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 if the removal or disabling of the electronic, GPS, or other monitoring device is authorized or required by a court, 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. (c) Upon a violation of this section, the parole authority shall revoke the person's parole and require that he or she be incarcerated in the county jail fora period ofnot less than 180 days and not more than one year . SEC. 2. 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.