AB 63 — Electronic monitoring: removing or disabling.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
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 postrelease community supervision and parole, respectively. Under existing law, a person on postrelease community supervision parole, or mandatory supervision who fails to comply with the rules or conditions for the use of electronic monitoring as a supervision tool may be found to have violated the terms of his or her postrelease community supervision parole, or mandatory supervision, respectively, and may be required to serve a term of imprisonment in the county jail. This bill would provide that unauthorized removal, as specified, of an electronic, global positioning system (GPS) , or other monitoring device affixed as a condition of postrelease community supervision parole, or mandatory supervision is an offense punishable by imprisonment in the county jail for not more than one year, or in the state prison for 16 months, 2 years, or 3 years. This bill would also provide that a person on postrelease community supervision parole, or mandatory supervision who is ordered pursuant to a revocation hearing to serve a term of imprisonment, incarceration, or confinement for violating the conditions of release, when the violation was based on the removal or disabling of an electronic, GPS, or other monitoring device affixed as a condition of release, and the person has not been prosecuted for that conduct, shall serve that term in the state prison. This bill would also make related, conforming changes. 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.
Bill Text
- Amended 04/01/13 - Amended Assembly Current pdf April 01, 2013
- Amended 02/19/13 - Amended Assembly pdf February 19, 2013
- Introduced 01/07/13 - Introduced pdf January 07, 2013
- AB63 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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In committee: Reconsideration granted.
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In committee: Set, first hearing. Failed passage.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee February 7.
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Read first time. To print.
Sponsors
- Bigelow · Cosponsor
- Conway · Cosponsor
- Hagman · Cosponsor
- Harkey · Cosponsor
- Huff · Cosponsor
- Maienschein · Cosponsor
- Melendez · Cosponsor
- Morrell · Cosponsor
- Nielsen · Cosponsor
- Waldron · Cosponsor
- Wilk · Cosponsor
- Joe Patterson · Primary
- Beth Gaines · Cosponsor
- Bill Berryhill · Cosponsor
- Beth Gaines · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 14 co-sponsors · 107 not signed on
Sponsors (1)
- Patterson, Joe Republican
Co-sponsors (14)
- Bigelow
- Conway
- Hagman
- Harkey
- Huff
- Maienschein
- Melendez
- Morrell
- Nielsen
- Waldron
- Wilk
- Beth Gaines
- Bill Berryhill
- Beth Gaines
Not signed on (107)
107 members have not signed on to this bill.
Show all 107 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Ammiano | — | Yea |
| Quirk | — | Yea |
| Mitchell | — | Yea |
| Jones-Sawyer | — | Yea |
| Melendez | — | Yea |
| Skinner | — | Yea |
| Waldron | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 2 | 5 | 0 | 0 |
| Total | 2 | 5 | 0 | 0 |
| % of votes cast | 29% | 71% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Ammiano | — | Nay |
| Skinner | — | Nay |
| Waldron | — | Yea |
| Mitchell | — | Nay |
| Jones-Sawyer | — | Nay |
| Melendez | — | Yea |
| Quirk | — | Nay |
Subjects
Frequently asked questions
- What does AB 63 do?
- 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 postrelease community supervision and parole, respectively. Under existing law, a person on postrelease community supervision parole, or mandatory supervision who fails to comply with the rules or conditions for the use of electronic monitoring as a supervision tool may be found to have violated the terms of his or her postrelease community supervision parole, or mandatory supervision, respectively, and may be required to serve a term of imprisonment in the county jail. This bill would provide that unauthorized removal, as specified, of an electronic, global positioning system (GPS) , or other monitoring device affixed as a condition of postrelease community supervision parole, or mandatory supervision is an offense punishable by imprisonment in the county jail for not more than one year, or in the state prison for 16 months, 2 years, or 3 years. This bill would also provide that a person on postrelease community supervision parole, or mandatory supervision who is ordered pursuant to a revocation hearing to serve a term of imprisonment, incarceration, or confinement for violating the conditions of release, when the violation was based on the removal or disabling of an electronic, GPS, or other monitoring device affixed as a condition of release, and the person has not been prosecuted for that conduct, shall serve that term in the state prison. This bill would also make related, conforming changes. 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.
- Who sponsors AB 63?
- AB 63 is sponsored by Bigelow, Conway, Hagman, Harkey, Huff, Maienschein, Melendez, Morrell, Nielsen, Waldron, Wilk, Patterson, Joe (Republican), Beth Gaines, and Bill Berryhill.
- What is the current status of AB 63?
- This bill died with 2013-2014 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 63?
- Track AB 63 free on One Click Politics — get push/email alerts when it moves.
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