Official Summary Text
AB 1545, as amended, Krell.
Targeted attacks on journalists.
Sexually violent predators.
Existing law defines a sexually violent predator to mean a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that the person will engage in sexually violent criminal behavior. For purposes of this definition, a conviction for a sexually violent offense includes convictions that resulted in either a determinate or an indeterminate prison sentence, as specified. Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who is in custody under that department’s jurisdiction, and who is serving a determinate sentence or whose parole has been revoked, for evaluation by the State Department of State
Hospitals at least 6 months prior to that individual’s scheduled date for release from prison if the secretary determines that the person may be a sexually violent predator. Existing law requires a petition for commitment as a sexually violent predator to be filed in the county in which the person was convicted of the sexual offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation.
This bill would also require the Executive Officer of the Board of Parole Hearings to make that referral and revise the criteria for referral to additionally apply to a person who is serving an indeterminate prison sentence. The bill would also authorize the secretary, or the Executive Officer of the Board of Parole Hearings, to refer the person for evaluation if the person will be scheduled for a parole hearing within the next 6 months. By imposing additional duties on counties regarding commitment of persons as sexually violent
predators, this bill would impose a state-mandated local program.
The bill would also make conforming changes.
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 the statutory provisions noted above.
Existing laws provide for increased punishments for certain crimes committed, in whole or in part, because of one or more specified actual or perceived characteristics of the victim, including, but not limited to, race, gender, or sexual orientation.
This bill would provide enhanced penalties for the commission of an offense that is a targeted attack on a person who is reasonably identifiable as a journalist, as defined, or on property reasonably identifiable as belonging to a journalist or the entity that journalist represents. The bill would define “targeted attack” as a criminal offense that is motivated by the victim’s status as a journalist or intended to interfere with a journalist in the performance of their work as a journalist. If the underlying offense is a felony, the bill would create an enhancement punishable by an additional term of
one, two, or three years imprisonment, as provided. The bill would authorize a court to strike any additional term imposed by this section if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment.
By creating a new sentencing enhancement, the 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.