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| 1 | + | Amended IN Senate May 25, 2018 Amended IN Senate May 01, 2018 Amended IN Senate March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1266Introduced by Senator PortantinoFebruary 15, 2018 An act to amend Section 461 add and repeal Section 461.5 of the Penal Code, relating to burglary.LEGISLATIVE COUNSEL'S DIGESTSB 1266, as amended, Portantino. Burglary.Under existing law, a person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft, or mine, with intent to commit larceny or any felony is guilty of burglary. Under existing law, burglary of an inhabited house or the inhabited portion of any other building, a vessel designed for habitation and inhabited, a floating home, or a trailer coach, as specified, is burglary in the first degree, and all other burglary is burglary in the 2nd degree. Under existing law, burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.This bill would would, until January 1, 2024, require a person convicted of burglary in the first degree who is released from prison on parole in the County of Los Angeles to be subject to global position positioning system monitoring as a condition of parole.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.By increasing the penalties for an existing 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 461 of the Penal Code is amended to read:461.Burglary is punishable as follows:(a)Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.(b)Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.(c)A person punished pursuant to this section who is released on parole shall be subject to global positioning system monitoring as a condition of parole.SECTION 1. Section 461.5 is added to the Penal Code, to read:461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system monitoring as a condition of parole.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique size and diversity of the County of Los Angeles.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate May 25, 2018 Amended IN Senate May 01, 2018 Amended IN Senate March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1266Introduced by Senator PortantinoFebruary 15, 2018 An act to amend Section 461 add and repeal Section 461.5 of the Penal Code, relating to burglary.LEGISLATIVE COUNSEL'S DIGESTSB 1266, as amended, Portantino. Burglary.Under existing law, a person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft, or mine, with intent to commit larceny or any felony is guilty of burglary. Under existing law, burglary of an inhabited house or the inhabited portion of any other building, a vessel designed for habitation and inhabited, a floating home, or a trailer coach, as specified, is burglary in the first degree, and all other burglary is burglary in the 2nd degree. Under existing law, burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.This bill would would, until January 1, 2024, require a person convicted of burglary in the first degree who is released from prison on parole in the County of Los Angeles to be subject to global position positioning system monitoring as a condition of parole.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.By increasing the penalties for an existing 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate May 25, 2018 Amended IN Senate May 01, 2018 Amended IN Senate March 19, 2018 | |
| 6 | 6 | ||
| 7 | - | Amended IN Assembly June 20, 2018 | |
| 8 | 7 | Amended IN Senate May 25, 2018 | |
| 9 | 8 | Amended IN Senate May 01, 2018 | |
| 10 | 9 | Amended IN Senate March 19, 2018 | |
| 11 | 10 | ||
| 12 | 11 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 13 | 12 | ||
| 14 | 13 | Senate Bill No. 1266 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator PortantinoFebruary 15, 2018 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Portantino | |
| 19 | 18 | February 15, 2018 | |
| 20 | 19 | ||
| 21 | - | An act to add and repeal Section 461.5 of the Penal Code, relating to burglary. | |
| 20 | + | An act to amend Section 461 add and repeal Section 461.5 of the Penal Code, relating to burglary. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | 26 | SB 1266, as amended, Portantino. Burglary. | |
| 28 | 27 | ||
| 29 | - | Under existing law, a person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft, or mine, with intent to commit larceny or any felony is guilty of burglary. Under existing law, burglary of an inhabited house or the inhabited portion of any other building, a vessel designed for habitation and inhabited, a floating home, or a trailer coach, as specified, is burglary in the first degree, and all other burglary is burglary in the 2nd degree. Under existing law, burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.This bill would, until January 1, 2024, require a person convicted of burglary in the first degree who is released from prison on parole in the County of Los Angeles to be subject to global positioning system | |
| 28 | + | Under existing law, a person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft, or mine, with intent to commit larceny or any felony is guilty of burglary. Under existing law, burglary of an inhabited house or the inhabited portion of any other building, a vessel designed for habitation and inhabited, a floating home, or a trailer coach, as specified, is burglary in the first degree, and all other burglary is burglary in the 2nd degree. Under existing law, burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.This bill would would, until January 1, 2024, require a person convicted of burglary in the first degree who is released from prison on parole in the County of Los Angeles to be subject to global position positioning system monitoring as a condition of parole.This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.By increasing the penalties for an existing 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. | |
| 30 | 29 | ||
| 31 | 30 | Under existing law, a person who enters a house, room, apartment, tenement, shop, warehouse, store, mill, barn, stable, outhouse or other building, tent, vessel, floating home, railroad car, locked or sealed cargo container, trailer coach, house car, inhabited camper, locked vehicle, aircraft, or mine, with intent to commit larceny or any felony is guilty of burglary. Under existing law, burglary of an inhabited house or the inhabited portion of any other building, a vessel designed for habitation and inhabited, a floating home, or a trailer coach, as specified, is burglary in the first degree, and all other burglary is burglary in the 2nd degree. Under existing law, burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years. | |
| 32 | 31 | ||
| 33 | - | This bill would, until January 1, 2024, require a person convicted of burglary in the first degree who is released from prison on parole in the County of Los Angeles to be subject to global positioning system | |
| 32 | + | This bill would would, until January 1, 2024, require a person convicted of burglary in the first degree who is released from prison on parole in the County of Los Angeles to be subject to global position positioning system monitoring as a condition of parole. | |
| 34 | 33 | ||
| 35 | 34 | This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. | |
| 36 | 35 | ||
| 37 | 36 | By increasing the penalties for an existing crime, this bill would impose a state-mandated local program. | |
| 38 | 37 | ||
| 39 | 38 | 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. | |
| 40 | 39 | ||
| 41 | 40 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 42 | 41 | ||
| 43 | 42 | ## Digest Key | |
| 44 | 43 | ||
| 45 | 44 | ## Bill Text | |
| 46 | 45 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Section 461.5 is added to the Penal Code, to read:461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system | |
| 46 | + | The people of the State of California do enact as follows:SECTION 1.Section 461 of the Penal Code is amended to read:461.Burglary is punishable as follows:(a)Burglary in the first degree: by imprisonment in the state prison for two, four, or six years.(b)Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.(c)A person punished pursuant to this section who is released on parole shall be subject to global positioning system monitoring as a condition of parole.SECTION 1. Section 461.5 is added to the Penal Code, to read:461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system monitoring as a condition of parole.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique size and diversity of the County of Los Angeles.SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 48 | 47 | ||
| 49 | 48 | The people of the State of California do enact as follows: | |
| 50 | 49 | ||
| 51 | 50 | ## The people of the State of California do enact as follows: | |
| 52 | 51 | ||
| 53 | - | SECTION 1. Section 461.5 is added to the Penal Code, to read:461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system (GPS) monitoring as a condition of parole.(b) The department shall, on or before April 1, 2023, report the following information to the Assembly and Senate Committees on Public Safety regarding the GPS monitoring program pursuant to subdivision (a): (1) The number of parolees placed on GPS monitoring as of January 1, 2023.(2) The number and percentage of parolees placed on GPS monitoring who were arrested, convicted, or had their parole revoked, for a felony or a misdemeanor, as of January 1, 2023.(3) The number and percentage of parolees placed on GPS monitoring who were arrested, convicted, or had their parole revoked, for the commission of a property crime, as of January 1, 2023.(4) The number and percentage of parolees placed on GPS monitoring who removed their GPS unit without authorization, as of January 1, 2023.(c) The report required by subdivision (b) may include any other information regarding the operation of the GPS program, the success of the program, any problems associated with the program, and any implementation challenges, that the department chooses to include in the report.(b)(d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 52 | + | ||
| 53 | + | ||
| 54 | + | ||
| 55 | + | ||
| 56 | + | Burglary is punishable as follows: | |
| 57 | + | ||
| 58 | + | ||
| 59 | + | ||
| 60 | + | (a)Burglary in the first degree: by imprisonment in the state prison for two, four, or six years. | |
| 61 | + | ||
| 62 | + | ||
| 63 | + | ||
| 64 | + | (b)Burglary in the second degree: by imprisonment in the county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. | |
| 65 | + | ||
| 66 | + | ||
| 67 | + | ||
| 68 | + | (c)A person punished pursuant to this section who is released on parole shall be subject to global positioning system monitoring as a condition of parole. | |
| 69 | + | ||
| 70 | + | ||
| 71 | + | ||
| 72 | + | SECTION 1. Section 461.5 is added to the Penal Code, to read:461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system monitoring as a condition of parole.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 54 | 73 | ||
| 55 | 74 | SECTION 1. Section 461.5 is added to the Penal Code, to read: | |
| 56 | 75 | ||
| 57 | 76 | ### SECTION 1. | |
| 58 | 77 | ||
| 59 | - | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system | |
| 78 | + | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system monitoring as a condition of parole.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 60 | 79 | ||
| 61 | - | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system | |
| 80 | + | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system monitoring as a condition of parole.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 62 | 81 | ||
| 63 | - | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system | |
| 82 | + | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system monitoring as a condition of parole.(b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 64 | 83 | ||
| 65 | 84 | ||
| 66 | 85 | ||
| 67 | - | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system | |
| 86 | + | 461.5. (a) A person convicted of burglary in the first degree who is released on parole in the County of Los Angeles shall be subject to global positioning system monitoring as a condition of parole. | |
| 68 | 87 | ||
| 69 | - | (b) The department shall, on or before April 1, 2023, report the following information to the Assembly and Senate Committees on Public Safety regarding the GPS monitoring program pursuant to subdivision (a): | |
| 70 | - | ||
| 71 | - | (1) The number of parolees placed on GPS monitoring as of January 1, 2023. | |
| 72 | - | ||
| 73 | - | (2) The number and percentage of parolees placed on GPS monitoring who were arrested, convicted, or had their parole revoked, for a felony or a misdemeanor, as of January 1, 2023. | |
| 74 | - | ||
| 75 | - | (3) The number and percentage of parolees placed on GPS monitoring who were arrested, convicted, or had their parole revoked, for the commission of a property crime, as of January 1, 2023. | |
| 76 | - | ||
| 77 | - | (4) The number and percentage of parolees placed on GPS monitoring who removed their GPS unit without authorization, as of January 1, 2023. | |
| 78 | - | ||
| 79 | - | (c) The report required by subdivision (b) may include any other information regarding the operation of the GPS program, the success of the program, any problems associated with the program, and any implementation challenges, that the department chooses to include in the report. | |
| 80 | - | ||
| 81 | - | (b) | |
| 82 | - | ||
| 83 | - | ||
| 84 | - | ||
| 85 | - | (d) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 88 | + | (b) This section shall remain in effect only until January 1, 2024, and as of that date is repealed. | |
| 86 | 89 | ||
| 87 | 90 | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique size and diversity of the County of Los Angeles. | |
| 88 | 91 | ||
| 89 | 92 | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique size and diversity of the County of Los Angeles. | |
| 90 | 93 | ||
| 91 | 94 | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique size and diversity of the County of Los Angeles. | |
| 92 | 95 | ||
| 93 | 96 | ### SEC. 2. | |
| 94 | 97 | ||
| 95 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 98 | + | SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 96 | 99 | ||
| 97 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 100 | + | SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 98 | 101 | ||
| 99 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 102 | + | SEC. 2.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 100 | 103 | ||
| 101 | - | ### SEC. 3. | |
| 104 | + | ### SEC. 2.SEC. 3. |