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RESOLUTION NO. 2005-'J25
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO SUPPORTING THE SEXUAL PREDATOR PUNISHMENT
AND CONTROL ACT: JESSICA'S LAW
WHEREAS, sexual predators are a cause of fear and concern in all communities,
including to the residents of San Bernardino; and
WHEREAS, 9-year old Jessica Marie Lunsford was killed in Florida in March 2005 by
a sexual predator that was living near her home, prompting state and Federal officials to call for
stronger penalties and increased monitoring of sex offenders, in an effort that has become
known as Jessica's Law; and
WHEREAS, SB 588 (G. Runner) and AB 231 (S. Runner) have been introduced in the
California State Legislature, which would create the Sexual Predator Punishment and Control
Act: Jessica's law; and
WHEREAS, among its key provisions, Jessica's Law would prohibit all registered sex
offenders from living within 2000 ft. of a school or park for the duration of their registration,
and allow local governments to include additional sites they deem appropriate, such as
children's museums or other facilities; and
WHEREAS, registered sex offenders released on parole would be required to be placed
on a GPS tracking system for life; and
WHEREAS, basic sexual assault punishment statutes would be strengthened and
expanded by Jessica's Law, including those for "One Strike" sex crimes, "Habitual Sex
Offenders," and "Aggravated Sexual Assault of a Child", and
WHEREAS, Jessica's Law also expands the penalty to life imprisonment for
kidnapping for the purpose of child molestation and for assault with the intent to commit sex
crimes during a residential burglary, and expands the requirement for mandatory prison
sentences and mandatory consecutive sentences for sex crimes; and
WHEREAS, the enactment of the Jessica's Law will result in a safer environment for
California's children;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Common Council of
the City of San Bernardino, California, as follows:
1. The City of San Bernardino supports SB 588 and AB 231, and calls on the
leadership of the Legislature to grant Jessica's Law an opportunity to be heard, debated, and
voted upon by the appropriate committees and ultimately both the Assembly and State Senate.
2. If Jessica's Law is not approved by the Legislature and/or the Governor, the City
of San Bernardino supports the efforts of Jessica's Law proponents to qualify the statute as an
initiative for the consideration of the voters of California.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO SUPPORTING THE SEXUAL PREDATOR PUNISHMENT
AND CONTROL ACT: JESSICA'S LAW
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
19thdayof September, 2005, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA X
-
LONGVILLE X
MCGINNIS X
DERRY X
KELLEY X
JOHNSON X
-
MCCAMMACK X
~~ A=2. ~
"-
City Clerk
The foregoing resolution is hereby approved this Jt J,
day of September,
2005.
Esther Estrada, Mayor Pro Tern
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City ttorney
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ASSEMBLYWOMAN SHARON RUNNER - California State Assembly Republican Cau... Page 1 of3
SSEMBL Y DISTRICT 36
SSEMBL YWOMAN SHARON RUNNER
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Strengthening California's Sex Offender Laws
Strengthening California's Sex Offender Laws
Current Law
Permits the state to use GPS
tracking as a condition of parole for
convicted sex offenders.
GPS Tracking
Jessica's Law
Requires registered sex offenders
released on parole to be placed on a GPS
tracking system for life.
Requires offenders to pay for their own
GPS equipment, if they are fmancially
able.
Predator-Free Zone
Current Law
Prohibits some offenders convicted
of lewd and lascivious conduct
against a child from living within
one-quarter mile (1320 ft.) of a
school, for the duration of their
parole.
Jessica's Law
Prohibits all registered sex offenders
from living within 2000 ft. of a school or
park, for the duration oftheir
registration.
Allows local governments to include
additional sites they deem appropriate,
such as children's museums or water
parks.
"Sexually Violent Predators"
Current Law
Requires two offenses before a
predator can be classified as
"sexually violent."
"Sexually Violent Predators
(SVP's)" may be civilly committed
to a state hospital for a two year
term. District Attorneys may file a
new petition every two years
demonstrating the offender is still a
Jessica's Law
Allows for an offender to be evaluated
as a sexually violent predator after one
crime, rather than waiting for a second
victim.
Allows for indefmite commitment to a
state hospital (like other states with an
SVP program) until the SVP can prove
to a court they no longer fit the criteria.
Assemblyw,
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Assembly
Proudly Servi
Palmdale. Vi,
Adelanto
Capit.
State Capito
P.O. 80
Sacramentc
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Phone: (91
Fax: (916
Victorvllle I
14343 (
First
Victorville
Phone: (76
Fax: (760
Lancaster [
747 W. Lat
Lancaster
Phone: [66
Fax: (661
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ASSEMBL YWOMAN SHARON RUNNER - California State Assembly Republican Cau... Page 2 00
danger.
SVP's may run their parole time out
while civilly committed, leaving no
parole jurisdiction upon release.
Requires SVP's parole period to toll
while in the state hospital so they still
have to serve their parole time after
discharge.
Child Pornography
Current Law
Possession of child pornography is
a misdemeanor.
Current Law
Current law is incomplete in
addressing this problem because it
waits for direct harm to occur
before criminal penalties can be
attached.
Law enforcement attempts to go
undercover to capture internet
predators are often disallowed by
the courts because of vague statute.
Jessica's Law
Possession of child pornography is a
wobbler (alternate misdemeanor/felony).
Possession of child pornography is a
felony if the offender has a prior
conviction of a sex offense.
Internet Luring
Jessica's Law
Specifically prohibits any contact or
communication with a minor for the
purpose of engaging in sexual conduct or
abuse.
Specifically allows law enforcement to
act as decoys in order to engage and
capture internet predators.
"Date Rape" Drug Use
Current Law
Imposes an additional three-year
prison term for persons who force
the use of specified controlled
substances in the commission of a
felony.
Jessica's Law
Imposes an additional five-year prison
term for persons who use specified
controlled substances (i.e. date rape
drugs) in the commission of specified
sexual crimes, such as rape.
"Good-Time Credits" for Sex Offenders
Current Law
Allows sex offenders to reduce their
prison terms through the use of
"good-time credits."
Jessica's Law
Eliminates the use of "good-time
credits" for habitual sex offenders.
httn~//renuhlican.assemblv .ca.l!ov/members/index.asn?Dist=36&Lang=1&Body=CustomPa... 9/8/2005
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ASSEMBL YWOMAN SHARON RUNNER - California State Assembly Republican Cau... Page 3 on
Increase Parole Terms
Current Law
Provides for parole terms from 3-5
years for various sex offenses.
Jessica's Law
Provides for parole terms of up to 10
years for the most heinous sex offenses.
Sexual Predator Punishment
Current Law
Sexual assault punishment statutes
fail to include the full range of
crimes committed by sexual
predators.
Sexual assault punishment statutes
fail to provide adequate punishment
for many sexual predators.
Current Law
Expands and strengthens our basic
sexual assault punishment statutes,
including those for "One Strike" Sex
Crimes, "Habitual Sex Offenders," and
"Aggravated Sexual Assault of a Child."
Adds a broad range of forcible sex
crimes and child molest crimes to these
statutes.
Increases the penalty to life
imprisonment for kidnapping for the
purpose of child molestation and for
assault with the intent to commit sex
crimes during a residential burglary.
Expands the requirement for mandatory
prison sentences and mandatory
consecutive sentences for sex crimes.
Webmaster I Assembly Republican Caucus - ~ 2003 California State Assembly Disc
htto:/ /reoublican.assemblv .ca.gov/members/index.asp?Dist=36&Lang= l&Body=CustomPa... 9/8/2005
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Summary
Page 1 of3
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SB 588
<RDenha)m, The Sexual Predator Punishment and'Control Act: Jessica's Law,
unner
From text dated: 08/18/05
Under existing law, the punishment for kidnapping with the intent to commit any of several
specified sexual acts is imprisonment in the state prison for life with the possibility of parole.
This bill, to be known as the Sexual Predator Punishment and Control Act: Jessica's Law, would add
rape committed in concert and committing lewd and lascivious acts to the above specified sexual
acts.
Under existing law, the punishment for assault with intent to commit any of several specified sexual
acts is imprisonment in the state prison for 2, 4, or 6 years.
This bill would provide that the punishment for assaulting another person with the intent to commit
any of several specified sexual acts while in the commission of a first degree burglary is
imprisonment in the state prison for life with the possibility of parole.
Under existing law, a person who commits any of several sexual acts upon a child who is under 14
years of age and 10 or more years younger that the person, is guilty of aggravated sexual assault of a
child.
This bill would change the age elements of the crime to 14 years of age and 7 or more years younger
than the perpetrator, and would expand the types of sex offenses to which it would apply. The bill
would require the court to impose a consecutive sentence for each offense that results in a conviction
under this provision.
This bill would create a new felony offense for persons who contact or communicate with a minor,
as defined, or who attempt to contact or communicate with a minor, or a person they know or
reasonably should know is a minor, with the intent to commit any of several specified sex offenses.
Under existing law, the court is required to impose a fine of $200 for the first conviction of a person
who is convicted of a sex offense for which registration as a sex offender is required, and $300 for a
subsequent conviction.
This bill would increase those fines to $300 and $500, respectively, and would allocate $100 from
each fine to the Department of Corrections and Rehabilitation to defray the costs of global
positioning systems used to monitor sex offender parolees.
Under existing law, it is a misdemeanor for a person to knowingly possess or control any matter or
representation of information, data, or image, as specified, the production of which involves the use
of a person under 18 years of age engaging in or simulating sexual conduct. If a person has
previously been convicted of that crime, or other crimes related to child pornography, the
punishment is imprisonment in the state prison for 2, 4, or 6 years.
This bill would increase the penalty for the first offense of that crime to a misdemeanor or felony.
The bill would expand the types of crimes that would trigger punishment for a subsequent offense.
Existing law, which requires amendments to its provisions to be approved by 2/3 of the membership
of both houses of the Legislature, defines "violent felony" for purposes of various provisions of the
Penal Code.
This bill would include in that definition various sex offenses committed against a child who is
under 14 years of age and more than 10 years younger than the perpetrator, or committed in concert.
Existing law provides for an enhanced prison term of 5 years for a person convicted of committing
any of several specified sex offenses who had a prior conviction for any of several other specified
sex offenses. The enhanced term for a person with 2 or more previous convictions of any of those
sex offense is 10 years. The enhanced term does not apply if that person has not been in custody for,
or committed a felony during, at least 10 years between the instant and prior offense. Existing law
requires the person to receive credits for time served or work, to reduce his or her sentence.
httn' //cOk2,canitoltrack.comlBillSummarv .aso?item=Digest&measure=SB 588
9/8/2005
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Summary
Page 2 of3
This bill would expand the types of sex crimes to which these provision apply, delete the 10-year
exception, and would eliminate the possibility of the person receiving credit to reduce his or her
sentence.
Under existing law, persons who are convicted of committing certain sex offense who have
previously been convicted of other sex offenses, including habitual sexual offenders, as defined, or
who are convicted of certain sex offenses during the commission of another offense, are eligible for
credit to reduce the minimum term imposed.
This bill would eliminate that eligibility for those persons.
Under existing law, the punishment for a conviction of certain sex offenses is 25 years to life if the
offense was committed in the course of a kidnapping or burglary, the victim was tortured, or the
defendant had previously been convicted of one of these sex crimes.
This bill would add continuous sexual abuse of a child to those sex offenses.
Under existing law, the court has the authority to order an action dismissed or to strike a prior
conviction, for purposes of sentencing a defendant.
This bill would prohibit a court from striking an allegation, admission, or finding of a prior
conviction for, and would prohibit granting probation to, or suspending the execution or imposition
of sentence for, defendants who are convicted of certain sex offenses.
Under existing law, a court is prohibited from granting probation to, or suspending the execution or
imposition of sentence for any person who, with the intent to inflict the injury, personally inflicts
great bodily injury on another person during the commission of any of several crimes.
This bill would eliminate the intent requirement of that provision.
Under existing law, any finding made that a person is a sexually violent predator, as specified, shall
not toll, discharge, or otherwise affect that person's period of parole.
This bill would instead provide that the parole period of a person found to be a sexually violent
predator shall be tolled until that person is found to no longer be a sexually violent predator, at
which time the period of parole shall begin to run.
Under existing law, the period of parole for a person convicted of certain sex offenses is 5 years,
which period may be extended for an additional 5 years after a hearing by the Board of Parole
Hearings.
This bill would increase that period of parole to 10 years, would eliminate the possibility of
extension of parole, and would authorize that person to be discharged from parole after 6 years, as
specified.
Existing law requires all persons convicted of specified sex offense to register as a sex offender, as
specified.
This bill would require every person who has been convicted of a felony that triggers the registration
requirement, or an attempt to commit such a felony, who is released on parole, to be monitored by a
global positioning system for the term of his or her parole. The bill would require the parolee to pay
the cost of the monitoring, except upon a finding of the inability to pay. The bill would further
require all of those persons to continue being monitored by a global positioning system, once
discharged from parole, for the rest of their lives.
Existing law prohibits a person who was convicted of certain sex offenses with children from being
placed or residing within 1/4 mile of any public or private school during the period of parole.
This bill would eliminate that prohibition and instead provide that it is unlawful for any person who
is required to register as a sex offender to reside within 2000 feet or any public or private school, or
any park where children regularly gather.
Existing law provides""for an enhanced penalty of 3 years for any person who administers a
controlled substance to another person against his or her will, for the purpose of committing a
felony.
This bill would create an additional enhancement of 5 years if that felony is any of several specified
sex offenses.
Existing law defines "conviction for a sexually violent offense" for purposes oflaws pertaining to
httn'//ct2k2,canitoltrack.comlBillSummarv .aso?item=Digest&measure=SB 588
9/8/2005
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Summary
Page 3 of3
sexually violent predators.
This bill would expand that definition to include certain prior convictions, and would expand the
definition of "sexually violent offense" for those purposes.
Under existing law, if the victim of certain specified sex offenses is a child under 14 years of age and
the offending act involved substantial sexual conduct, the offense is considered a "sexually violent
offense" for purposes of enhanced punishment.
This bill would eliminate the element of substantial sexual conduct from that definition.
Under existing law, if a person is determined to be a sexually violent predator, he or she is
committed to the State Department of Mental Health for 2 years for appropriate treatment and
confinement. Confinement may not be extended except by court order.
This bill would change that commitment to an indeterminate term, and would require an annual
report to be made about the appropriateness of conditionally releasing the person to a less restrictive
environment.
Because this bill would expand the scope of certain crimes, increase the penalties for certain crime,
and create a new crime, 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
<
httn~/ / ct2k2.canito Itrack.com/BillSummarv .asn?item=Digest&measure=SB 588
9/8/2005
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Summary
Page 1 00
t :'Il~it,. ,j [1 h.t
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AS 231
(Runner .
Sh )' The Sexual Predator PUnishment and Control Act: Jessica's Law.
aron
From text dated: 08/15/05
Under existing law, the punishment for kidnapping with the intent to commit any of several specified
sexual acts is imprisonment in the state prison for life with the possibility of parole.
This bill, to be known as the Sexual Predator Punishment and Control Act: Jessica's Law, would add
rape committed in concert and committing lewd and lascivious acts to the above specified sexual
acts.
Under existing law, the punishment for assault with intent to commit any of several specified sexual
acts is imprisonment in the state prison for 2, 4, or 6 years.
This bill would provide that the punishment for assaulting another person with the intent to commit
any of several specified sexual acts while in the commission of a first degree burglary is
imprisonment in the state prison for life with the possibility of parole.
Under existing law, a person who commits any of several sexual acts upon a child who is under 14
years of age and 10 or more years younger that the person, is guilty of aggravated sexual assault of
a child.
This bill would change the age elements of the crime to 14 years of age and 7 or more years younger
than the perpetrator, and would expand the types of sex offenses to which it would apply. The bill
would require the court to impose a consecutive sentence for each offense that results in a conviction
under this provision.
This bill would create a new felony offense for persons who contact or communicate with a minor, as
defined, or who attempt to contact or communicate with a minor, or a person they know or
reasonably should know is a minor, with the intent to commit any of several specified sex offenses.
Under existing law, the court is required to impose a fine of $200 for the first conviction of a person
who is convicted of a sex offense for which registration as a sex offender is required, and $300 for a
subsequent conviction.
This bill would increase those fines to $300 and $500, respectively, and would allocate $100 from
each fine to the Department of Corrections and Rehabilitation to defray the costs of global
positioning systems used to monitor sex offender parolees.
Under existing law, it is a misdemeanor for a person to knowingly possess or control any matter or
representation of information, data, or image, as specified, the production of which involves the use
of a person under 18 years of age engaging in or simulating sexual conduct. If a person has
previously been convicted of that crime, or other crimes related to child pornography, the
punishment is imprisonment in the state prison for 2, 4, or 6 years.
This bill would increase the penalty for the first offense of that crime to a misdemeanor or felony.
The bill would expand the types of crimes that would trigger punishment for a subsequent offense.
Existing law, which requires amendments to its provisions to be approved by 2/3 of the membership
of both houses of the Legislature, defines "violentfelony"for purposes of various provisions of the
Penal Code.
This bill would include in that definition various sex offenses committed against a child who is under
14 years of age and more than 1 0 years younger than the perpetrator, or committed in concert.
Existing law provides for an enhanced prison term of 5 years for a person convicted of committing
any of several specified sex offenses who had a prior conviction for any of several other specified sex
offenses. The enhanced term for a person with 2 or more previous convictions of any of those sex
offense is 10 years. The enhanced term does not apply if that person has not been in custody for, or
committed a felony during, at least 10 years between the instant and prior offense. Existing law
requires the person to receive credits for time served or work, to reduce his or her sentence.
httn:/ /ct2k2.canitoltrack.com/BillSummarv .aso?item= Die:est&measure= AB 231
9/8/2005
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Summary
Page 2 on
This bill would expand the types of sex crimes to which these provision apply, delete the 10-year
exception, and would eliminate the possibility of the person receiving credit to reduce his or her
sentence.
Under existing law, persons who are convicted of committing certain sex offinse who have
previously been convicted of other sex offenses, including habitual sexual offenders, as defined, or
who are convicted of certain sex offinses during the commission of another offense, are eligible for
credit to reduce the minimum term imposed
This bill would eliminate that eligibility for those persons.
Under existing law, the punishment for a conviction of certain sex offenses is 25 years to life if the
offense was committed in the course of a kidnapping or burglary, the victim was tortured, or the
defendant had previously been convicted of one of these sex crimes.
This bill would add continuous sexual abuse of a child to those sex offenses.
Under existing law, the court has the authority to order an action dismissed or to strike a prior
conviction, for purposes of sentencing a defendant.
This bill would prohibit a court from striking an allegation, admission, or finding of a prior
conviction for, and would prohibit granting probation to, or suspending the execution or imposition
of sentence for, defendants who are convicted of certain sex offenses.
Under existing law, a court is prohibitedfrom granting probation to, or suspending the execution or
imposition of sentence for any person who, with the intent to inflict the injury, personally inflicts
great bodily injury on another person during the commission of any of several crimes.
This bill would eliminate the intent requirement of that provision.
Under existing law, any finding made that a person is a sexually violent predator, as specified, shall
not toll, discharge, or otherwise affect that person's period of parole.
This bill would instead provide that the parole period of a person found to be a sexually violent
predator shall be tolled until that person is found to no longer be a sexually violent predator, at
which time the period of parole shall begin to run.
Under existing law, the period of parole for a person convicted of certain sex offenses is 5 years,
which period may be extended for an additional 5 years after a hearing by the Board of Parole
Hearings.
This bill would increase that period of parole to 10 years, would eliminate the possibility of extension
of parole, and would authorize that person to be discharged from parole after 6 years, as specified
Existing law requires all persons convicted of specified sex offense to register as a sex offender, as
specified.
This bill would require every person who has been convicted of a felony that triggers the registration
requirement, or an attempt to commit such afelony, who is released on parole, to be monitored by a
global positioning system for the term of his or her parole. The bill would require the parolee to pay
the cost of the monitoring, except upon afinding of the inability to pay. The bill wouldfurther
require all of those persons to continue being monitored by a global positioning system, once
discharged from parole, for the rest of their lives.
Existing law prohibits a person who was convicted of certain sex offenses with children from being
placed or residing within 1/4 mile of any public or private school during the period ofparole.
This bill would eliminate that prohibition and instead provide that it is unlawful for any person who
is required to register as a sex offender to reside within 2000 feet or any public or private school, or
any park where children regularly gather.
Existing law provides for an enhanced penalty of 3 years for any person who administers a
controlled substance to another person against his or her will, for the purpose of committing a
felony.
This bill would create an additional enhancement of 5 years if that felony is any of several specified
sex offenses.
Existing law defines "convictionfor a sexually violent offense"for purposes of laws pertaining to
sexually violent predators.
httn.ff"t')Ir') ,,!>n,tnl1T!>l'.1l' l'nmlRi11~nmmarv~a'm?item=Dillest&measure=AB 231
9/8/2005
Summary
Page 3 on
This bill would expand that definition to include certain prior convictions, and would expand the
definition of"sexually violent offense"for those purposes.
Under existing law, if the victim of certain specified sex offenses is a child under 14 years of age and
the offending act involved substantial sexual conduct, the offense is considered a "sexually violent
offense" for purposes of enhanced punishment.
This bill would eliminate the element of substantial sexual conduct from that definition.
Under existing law, if a person is determined to be a sexually violent predator, he or she is
committed to the State Department of Mental Health for 2 years for appropriate treatment and
confinement. Confinement may not be extended except by court order.
This bill would change that commitment to an indeterminate term, and would require an annual
report to be made about the appropriateness of conditionally releasing the person to a less
restrictive environment.
Because this bill would expand the scope of certain crimes, increase the penalties for certain crime,
and create a new crime, 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.
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6ftfaUltft'lent of a 1115ntry j1id!;mtmt, Il3 9I'eeiitea.
Thi~ eill .. allla eliminate lllt\;t elte.nll'tian.
EltiMing la.. eMahlilJhelJ 1I.1e Del'arttnent afCtmec1!anlJ, ..hieh iJ eaml'riJe.a aftile DiIee13I af
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ittlUlJ t8 1I.1Me I'w~8n!l eanflnea in 1I1e !lta1e.'!ll'riJ8n!l.
Tki~ bill ..8l1ld 1'1'8 . ide faI tile Iei3ftieti8n ar !llI!ll'eft~ian af Ml iOO1a1e'~ e8ftteen 1'Pi. .ile~e~ ifhe or ~he
b fattna 16 ha. e eommittea Ml) falallY is. a1. ift!; . ialesee or injtll) to a nonl'fi~aner, ll" !:ll'eeiitea.
Vote: maj8ri~ 2/3 . Appropriation: no. Fiscal committee: yes. State-mandated local program: M
yes.
httn' / /~t?k? .p.llnitoltrack.com/BillSummarv .asn?item=Digest&measure=AB 231
9/8/2005