California Assembly Bill AB2121 Amended / Bill

 BILL NUMBER: AB 2121AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 21, 2014 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 amended, 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  , global pos   itioning system (GPS), or other  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.   recast those provisions to prohibit the person from removing, disabling, rendering inoperable, or knowingly circumventing the operation of an electronic, GPS, or other monitoring system that is required as a condition of parole, or permitting another person to perform one of those prohibited acts, except as provided. The bill would additionally require a person who is required to register as a sex offender as a condition of parole to report to his or her parole officer within one working day following release from custody, or as instructed by a parole officer, for the purpose of affixing an electronic, GPS, or other monitoring device to his or her person.  By  increasing the incarceration duties of   expanding the scope of provisions that, if violated, require   incarceration in  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.   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.  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   as a condition of parole shall report to his or her parole officer within one working day following release from custody, or as instructed by a parole officer to have an electronic, global positioning system (GPS), or other monitoring device affixed to his or her person.   (b)     A person who is required to register as a sex offender   pursuant to Section   290 shall  not  remove or   remove,  disable,  render inoperable, or knowingly circumvent the operation of,  or permit another to  remove or   remove,  disable,  render inoperable, or knowingly circumvent the operation of,  an electronic,  global positioning system (GPS)   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)   (c)  (1) This section  shall   does  not apply if the  removal or disabling   of an   removal, disabling, rendering inoperable, or circumvention of the  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   does  not apply if the  removal or   removal,  disabling  ,   rendering inoperable, or knowingly circumventing the operation  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)   (d)  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 for  not less than 180 days and not more than one year   180 days  .  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.   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.