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BILL NUMBER: SB 489	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Escutia

                        FEBRUARY 20, 2003

   An act to add Section 1310 to the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 489, as introduced, Escutia.  Interstate Compact for Juveniles.

   Existing law, the Interstate Compact on Juveniles, authorizes the
Governor to execute for and on behalf of the state a compact with
other party states, enacting remedies and procedures to effect the
cooperative supervision of delinquent juveniles on probation or
parole, the return of delinquent juveniles who has escaped, and the
return of nondelinquent juveniles who have run away from home.
   This bill would authorize the Governor to execute for and on
behalf of the state the Interstate Compact for Juveniles to effect,
through joint and cooperative agreement among the compacting states,
that would, among other things, ensure that adjudicated juveniles and
status offenders who are subject to the compact are provided with
adequate supervision and services in the receiving state, ensure
public safety interests of citizens, return juveniles who have run
away, and provide for the effective tracking and supervision of
juveniles.  This compact would supersede the previous compact, as
specified.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1310 is added to the Welfare and Institutions
Code, to read:
   1310.  The Governor is authorized and may execute for, on behalf
of, and in the name of the State of California, a compact or
agreement entitled, "Interstate Compact for Juveniles," which compact
or agreement, in words and figures, is substantially as follows:
      INTERSTATE COMPACT FOR JUVENILES


      Article 1.  Purpose

   A. This state and the other compacting states to this interstate
compact recognize that each state is responsible for the proper
supervision or return of juveniles, delinquents, and status offenders
who are on probation or parole and who have absconded, escaped, or
run away from supervision and control and in so doing have endangered
their own safety and the safety of others.  The compacting states
also recognize that the United States Congress, by enacting the Crime
Control Act (4 United States Code Sec. 112), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in
the prevention of crime.
   B. It is the purpose of this compact, through means of joint and
cooperative action among the compacting states, to do all of the
following:
   1. Ensure that adjudicated juveniles and status offenders who are
subject to this compact are provided with adequate supervision and
services in the receiving state as ordered by the adjudicating judge
or parole authority in the sending state.
   2. Ensure that the public safety interests of the citizens,
including the victims of juvenile offenders, in both the sending and
receiving states are adequately protected.
   3. Return juveniles who have run away, absconded, or escaped from
supervision or control, or have been accused of an offense, to the
state requesting their return.
   4. Make contracts for the cooperative institutionalization in
public facilities in member states of delinquent youth who need
special services.
   5. Provide for the effective tracking and supervision of
juveniles.
   6. Equitably distribute the costs, benefits, and obligations of
the compact among the compacting states.
   7. Establish procedures to manage the movement between states of
juvenile offenders who are released to the community jurisdiction of
courts, juvenile departments or any other criminal or juvenile
justice agency that has jurisdiction over juvenile offenders.
   8. Ensure immediate notice to jurisdictions where defined
offenders are authorized to travel or to relocate across state lines.

   9. Establish procedures to resolve pending charges or detainees
against juvenile offenders before transfer or release to the
community under the terms of this compact.
   10. Establish a system of uniform data collection pertaining to
juveniles who are subject to this compact that allows access by
authorized criminal justice officials and regular reporting of
compact activities to heads of state, executive, judicial, and
legislative branches, and criminal justice administrators.
   11. Monitor compliance with rules governing interstate movement of
juveniles and initiate interventions to address and correct
noncompliance.
   12. Coordinate training and education regarding the regulation of
interstate movement of juveniles for officials involved in that
activity.
   13. Coordinate the implementation and operation of the compact
with the interstate compact for the placement of children, the
interstate compact for the supervision of adult offenders and other
compacts that affect juveniles, particularly in those cases where
concurrent or overlapping supervision issues arise.
   C. It is the policy of the compacting states that the activities
that are conducted by the interstate commission  created under this
compact are the formation of public policies and therefore are public
business.  Furthermore, the compacting states shall cooperate and
observe their individual and collective duties and responsibilities
for the prompt return and acceptance of juveniles who are subject to
the provisions of this compact.  The provisions of this compact shall
be reasonably and liberally construed to accomplish the purposes and
policies of the compact.

      Article 2.  Definitions

   As used in this compact, unless the context clearly requires a
different construction:
   1. "Bylaws" mean those bylaws established by the interstate
commission for its governance or for directing or controlling the
interstate commission's actions or conduct.
   2. "Compact Administrator" means the individual in each compacting
state who is appointed pursuant to the terms of this compact and who
is responsible for the administration and management of the state's
supervision and transfer of juveniles who are subject to the terms of
this compact, the rules adopted by the interstate commission and
policies adopted by the state council under this compact.
   3. "Compacting State" means any state that has enacted the
enabling legislation for this compact.
   4. "Commissioner" means the voting representative of each
compacting state who is appointed pursuant to article 3 of this
compact.
   5. "Court" means any court that has jurisdiction over delinquent,
neglected, or dependent children.
   6. "Deputy Compact Administrator" means the individual, if any, in
each compacting state who is appointed to act on behalf of a compact
administrator pursuant to the terms of this compact and who is
responsible for the administration and management of the state's
supervision and transfer of juveniles who are subject to the terms of
this compact, the rules adopted by the interstate commission and
policies adopted by the state council under this compact.
   7. "Interstate Commission" means the interstate commission for
juveniles established by this compact.
   8. "Juvenile" means any person who is defined as a juvenile in any
member state or by the rules of the interstate commission,
including:
   (a) Accused delinquents.  For the purposes of this subdivision,
"accused delinquents" means persons who are charged with an offense
that, if committed by an adult, would be a criminal offense.
   (b) Adjudicated delinquents.  For the purposes of this
subdivision, "adjudicated delinquents" means persons who have been
found to have committed an offense that, if committed by an adult,
would be a criminal offense.
   (c) Accused status offenders.  For the purposes of this
subdivision, "accused status offenders" means persons who are charged
with an offense that would not be a criminal offense if committed by
an adult.
   (d) Adjudicated status offenders.  For the purposes of this
subdivision, "adjudicated status offenders" means persons who have
been found to have committed an offense that would not be a criminal
offense if committed by an adult.
   (e) Nonoffenders.  For the purposes of this subdivision,
"nonoffenders" means persons who are in need of supervision and who
have not been accused or adjudicated as status offenders or
delinquents.
   9. "Noncompacting State" means any state that has not enacted the
enabling legislation for this compact.
   10. "Probation or Parole" means any kind of supervision or
conditional release of juveniles that is authorized under the laws of
the compacting states.
   11. "Rules" means any written statement by the interstate
commission that is adopted pursuant to Article 6 of this compact,
that is of general applicability and that implements, interprets, or
prescribes a policy or provision of the compact, or an
organizational, procedural, or practice requirement of the
commission, and that has the force and effect of statutory law in a
compacting state and includes the amendment, repeal, or suspension of
an existing rule.
   12. "State" means a state of the United States, the District of
Columbia or its designee, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa and the Northern
Marianas Islands.

      Article 3.  Interstate Commission for Juveniles

   A. The compacting states hereby create the "Interstate Commission
for Juveniles."  The interstate commission shall be a body corporate
and joint agency of the compacting states.  The interstate commission
shall have all the responsibilities, powers, and duties set forth
herein and such additional powers as may be conferred upon it by
subsequent action of the respective legislatures of the compacting
states in accordance with the terms of this compact.
   B. The interstate commission shall consist of commissioners who
are appointed by the appropriate appointing authority in each state
pursuant to the rules and requirements of each compacting state and
in consultation with the state council for interstate juvenile
supervision created under this compact.  The commissioner shall be
the compact administrator, deputy compact administrator, or designee
from that state who shall serve on the interstate commission in such
capacity under or pursuant to the applicable law of the compacting
state.
   C. In addition to the commissioners who are the voting
representatives of each state, the interstate commission shall
include individuals who are not commissioners but who are members of
interested organizations.  The noncommissioner members shall include
a member of the national organizations of governors, legislators,
state chief justices, attorneys general, interstate compact for the
supervision of adult offenders, interstate compact for the placement
of children, juvenile justice and juvenile corrections officials, and
crime victims.  All noncommissioner members of the interstate
commission shall be ex officio or nonvoting members.  The interstate
commission may provide in its bylaws for such additional ex officio
or nonvoting members, including members of other national
organizations, in such numbers as is determined by the commission.
   D. Each compacting state represented at any meeting of the
interstate commission is entitled to one vote.  A majority of the
compacting states shall constitute a quorum for the transaction of
business, unless a larger quorum is required by the bylaws of the
interstate commission.
   E. The interstate commission shall meet at least once each
calendar year.  The chairperson may call additional meetings and,
upon the request of a simple majority of the compacting states, shall
call additional meetings. Public notice shall be given of all
meetings, and meetings shall be open to the public.
   F. The interstate commission shall establish an executive
committee which shall include commission officers, members and others
as shall be determined by the bylaws.  The executive committee shall
have the power to act on behalf of the interstate commission during
periods when the interstate commission is not in session, with the
exception of rule making or amendment to the compact, or both.  The
executive committee oversees the day-to-day activities of the
administration of the compact managed by an executive director and
interstate commission staff, administers enforcement and compliance
with the provisions of the compact, its bylaws, and rules, and
performs other duties as directed by the interstate commission or set
forth in the bylaws.
   G. Each member of the interstate commission shall have the right
and power to cast a vote to which that compacting state is entitled
and to participate in the business and affairs of the interstate
commission.  A member shall vote in person and shall not delegate a
vote to another compacting state.  However, a commissioner, in
consultation with the state council, shall appoint another authorized
representative, in the absence of the commissioner from that state,
to cast a vote on behalf of the compacting state at a specified
meeting.  The bylaws may provide for members' participation in
meetings by telephone or other means of telecommunication or
electronic communication.
   H. The interstate commission's bylaws shall establish conditions
and procedures under which the interstate commission shall make its
information and official records available to the public for
inspection or copying. The interstate commission may exempt from
disclosure any information or official records to the extent they
would adversely affect personal privacy rights or proprietary
interests.
   I. Public notice shall be given of all meetings and all meetings
shall be open to the public, except as set forth in the rules or as
otherwise provided in the compact.  The interstate commission and any
of its committees may close a meeting to the public if it determines
by two-thirds vote that an open meeting would be likely to:
   1. Relate solely to the interstate commission's internal personnel
practices and procedures.
   2. Disclose matters specifically exempted from disclosure by
statute.
   3. Disclose trade secrets or commercial or financial information
which is privileged or confidential.
   4. Involve accusing any person of a crime or formally censuring
any person.
   5. Disclose information of a personal nature if disclosure would
constitute a clearly unwarranted invasion of personal privacy.
   6. Disclose investigative records compiled for law enforcement
purposes.
   7. Disclose information contained in or related to examination,
operating or condition reports prepared by, or on behalf of or for
the use of, the interstate commission with respect to a regulated
person or entity for the purpose of regulation or supervision of that
person or entity.
   8. Disclose information, the premature disclosure of which would
significantly endanger the life of a person or the stability of a
regulated person or entity.
   9. Specifically relate to the interstate commission's issuance of
a subpoena or its participation in a civil action or other legal
proceeding.
   J. For every meeting closed pursuant to this article, the
interstate commission's legal counsel shall publicly certify that, in
the legal counsel's opinion, the meeting may be closed to the public
and shall reference each relevant provision on which the closed
meeting is grounded.  The interstate commission shall keep minutes
which shall fully and clearly describe all matters discussed in any
meeting and shall provide a full and accurate summary of any actions
taken, and the reasons therefor, including a description of each of
the views expressed on any item and the record of any roll call vote
reflected in the vote of each member on the question.  All documents
considered in connection with any action shall be identified in those
minutes.
   K. The interstate commission shall collect standardized data
concerning the interstate movement of juveniles as directed through
its rules.  The rules shall specify the data to be collected, the
means of collection and data exchange and reporting requirements.
The methods of data collection, exchange, and reporting shall insofar
as is reasonably possible conform to up-to-date technology and
coordinate their information functions with the appropriate
repository of records.

      Article 4.  Powers and Duties of the Interstate Commission for
Juveniles

   The Interstate Commission for Juveniles shall have the following
powers:
   1. To provide for dispute resolution among compacting states.
   2. To promulgate rules to effect the purposes and obligations as
enumerated in this compact.  The rules shall have the force and
effect of statutory law and shall be binding in the compacting states
to the extent and in the manner provided in this compact.
   3. To oversee, supervise, and coordinate the interstate movement
of juveniles subject to the terms of this compact and any bylaws
adopted and rules promulgated by the interstate commission.
   4. To enforce compliance with compact provisions, interstate
commission rules, and bylaws, using all necessary and proper means,
including, but not limited to, the use of judicial process.
   5. To establish and maintain offices which shall be located within
one or more of the compacting states.
   6. To purchase and maintain insurance and bonds.
   7. To borrow, accept, hire or contract for services of personnel.
   8. To establish and appoint committees and hire staff which it
deems necessary for the carrying out of its functions including, but
not limited to, an executive committee as required by Article 3 which
shall have the power to act on behalf of the interstate commission
in carrying out its powers and duties hereunder.
   9. To elect or appoint such officers, attorneys, employees,
agents, or consultants, to fix their compensation, define their
duties and determine their qualifications, and to establish the
interstate commission's personnel policies and programs relating to,
among other things, conflicts of interest, rates of compensation, and
qualifications of personnel.
   10. To accept any and all donations and grants of money,
equipment, supplies, materials, and services and to receive, utilize,
and dispose of them.
   11. To lease, purchase, accept contributions or donations of, or
otherwise to own, hold, improve, or use, any property, real,
personal, or mixed.
   12. To sell, convey, mortgage, pledge, lease, exchange, abandon or
otherwise dispose of any property, real, personal, or mixed.
   13. To establish a budget and make expenditures and levy dues as
provided in article 8 of this compact.
   14. To sue and be sued.
   15. To adopt a seal and bylaws governing the management and
operation of the interstate commission.
   16. To perform such functions as may be necessary or appropriate
to achieve the purposes of this compact.
   17. To report annually to the legislatures, governors, judiciary,
and state councils of the compacting states concerning the activities
of the interstate commission during the preceding year.  These
reports shall also include any recommendations that may have been
adopted by the interstate commission.
   18. To coordinate education, training, and public awareness
regarding the interstate movement of juveniles for officials involved
in such activity.
   19. To establish uniform standards for the reporting, collecting,
and exchanging of data.
   20. To maintain its corporate books and records in accordance with
the bylaws.

      Article 5.  Organization and Operation of the Interstate
Commission for Juveniles

   A. The Interstate Commission for Juveniles shall, by a majority of
the members, within twelve months of the first interstate commission
meeting, adopt bylaws to govern its conduct as may be necessary or
appropriate to carry out the purposes of the compact, including, but
not limited to:
   1. Establishing the fiscal year of the interstate commission.
   2. Establishing an executive committee and such other committees
as may be necessary.
   3. Providing for the establishment of committees governing any
general or specific delegation of any authority or function of the
interstate commission
   4. Providing reasonable procedures for calling and conducting
meetings of the interstate commission and ensuring reasonable notice
of each such meeting.
   5. Establishing the titles and responsibilities of the officers of
the interstate commission.
   6. Providing a mechanism for winding up the operations of the
interstate commission and the equitable return of any surplus funds
that may exist upon the termination of the compact after the payment
or reserving, or both, of all of its debts and obligations.
   7. Providing start-up rules for initial administration of the
compact.
   8. Establishing standards and procedures for compliance and
technical assistance in carrying out the compact.
   B. The interstate commission shall, by a majority of the members,
elect from among its members a chairperson and a vice-chairperson,
each of whom shall have such authorities and duties as may be
specified in the bylaws.  The chairperson or, in the chairperson's
absence or disability, the vice-chairperson, shall preside at all
meetings of the interstate commission.  The officers so elected shall
serve without compensation or remuneration from the interstate
commission, except that, subject to the availability of budgeted
funds, the officers shall be reimbursed for any actual and necessary
costs and expenses incurred by them in the performance of their
duties and responsibilities as officers of the interstate commission.

   C. The interstate commission shall, through its executive
committee, appoint or retain an executive director for such period,
upon such terms and conditions and for such compensation as the
interstate commission may deem appropriate.  The executive director
shall serve as secretary to the interstate commission, shall not be a
member, and shall hire and supervise such other staff as may be
authorized by the interstate commission.
   D. The interstate commission's executive director and employees
shall be immune from suit and liability, either personally or in
their official capacity, for any claim for damage to or loss of
property or personal injury or other civil liability caused or
arising out of any actual or alleged act, error or omission that
occurred within the scope of interstate commission employment,
duties, or responsibilities, except that any such person shall not be
protected from suit or liability for any damage, loss, injury or
liability caused by the intentional or willful and wanton misconduct
of any such person.
   E. The liability of any commissioner, or the employee or agent of
a commissioner, acting within the scope of that person's employment
or duties for acts, errors or omissions occurring within that person'
s state may not exceed the limits of liability set forth under the
constitution and laws of that state for state officials, employees,
and agents.  Nothing in this subsection shall be construed to protect
any such person from suit or liability for any damage, loss, injury
or liability caused by the intentional or willful and wanton
misconduct of that person.
   F. The interstate commission shall defend the executive director
or the employees or representatives of the interstate commission and,
subject to the approval of the attorney general of the state
represented by any commissioner of a compacting state, shall defend
the commissioner or the commissioner's representatives or employees
in any civil action seeking to impose liability arising out of any
actual or alleged act, error, or omission that occurred within the
scope of interstate commission employment, duties, or
ress or employees, or the interstate commission's
representatives or employees harmless in the amount of any settlement
or judgment obtained against those persons arising out of any actual
or alleged act, error, or omission that occurred within the scope of
interstate commission employment, duties or responsibilities, or
that those persons had a reasonable basis for believing occurred
within the scope of interstate commission employment, duties, or
responsibilities, if the actual or alleged act, error, or omission
did not result from intentional or willful and wanton misconduct on
the part of that person.

      Article 6.  Rule Making Functions of the Interstate Commission

   A. The Interstate Commission for Juveniles shall promulgate and
publish rules in order to effectively and efficiently achieve the
purposes of the compact.
   B. Rule making shall occur pursuant to the criteria set forth in
this article and the bylaws and rules adopted pursuant thereto.  This
rule making shall substantially conform to the principles of the
"Model State Administrative Procedures Act," 1981 Act, Uniform Laws
Annotated, vol. 15, p.  1 (2000), or such other administrative
procedures act, as the interstate commission deems appropriate
consistent with due process requirements under the United States
Constitution as now or hereafter interpreted by the United States
Supreme Court.  All rules and amendments shall become binding as of
the date specified in each rule or amendment, as published with the
final version of the rule as approved by the interstate commission.
   C. When promulgating a rule, the interstate commission, at a
minimum, shall do all of the following:
   1. Publish the proposed rule's entire text stating the reason for
the proposed rule.
   2. Allow and invite persons to submit written data, facts,
opinions and arguments. This information shall be added to the record
and made publicly available.
   3. Provide an opportunity for an informal hearing if petitioned by
ten or more persons.
   4. Promulgate a final rule and its effective date, if appropriate,
based on input from state or local officials or interested parties.
   D. Not later than sixty days after a rule is promulgated, any
interested person may file a petition in the United States District
Court for the District of Columbia or in the federal district court
where the interstate commission's principal office is located for
judicial review of that rule.  If the court finds that the interstate
commission's action is not supported by substantial evidence in the
rule making record, the court shall hold the rule unlawful and set it
aside.
   E. If a majority of the legislatures of the compacting states
rejects a rule, by enactment of a statute or resolution in the same
manner used to adopt the compact, the rule shall have no further
force and effect in any compacting state.
   F. The existing rules governing the operation of the Interstate
Compact on Juveniles superseded by this act shall be null and void
twelve months after the first meeting of the interstate commission
created hereunder, unless the interstate commission extends the
operative effect of a rule or rules.
   G. Upon determination by the interstate commission that an
emergency exists, it may promulgate an emergency rule which shall
become effective immediately upon adoption, except that the usual
rule making procedures provided hereunder shall be retroactively
applied to the rule as soon as reasonably possible, but no later than
ninety days after the effective date of the emergency rule.

      Article 7.  Oversight, Enforcement and Dispute Resolution By
the Interstate Commission

   A. The interstate commission shall oversee the administration and
operation of the interstate movement of juveniles subject to this
compact in the compacting states and shall monitor activities being
administered in noncompacting states which may significantly
                                   affect compacting states.
   B. The courts and executive agencies in each compacting state
shall enforce this compact and shall take all actions necessary and
appropriate to effectuate the compact's purposes and intent.  The
provisions of this compact and the rules promulgated hereunder shall
be received by all the judges, public officers, commissions and
departments of the state government as evidence of the authorized
statute and administrative rules.  All courts shall take judicial
notice of the compact and the rules.  In any judicial or
administrative proceeding in a compacting state pertaining to the
subject matter of this compact which may affect the powers,
responsibilities, or actions of the interstate commission, the
interstate commission shall be entitled to receive all service of
process in any such proceeding and shall have standing to intervene
in the proceeding for all purposes.
   C. The compacting states shall report to the interstate commission
on issues or activities necessary for the administration of the
compact as well as issues and activities pertaining to compliance
with the provisions of the compact and its bylaws and rules.
   D. On the request of a compacting state, the interstate commission
shall attempt to resolve any disputes or other issues which are
subject to the compact and which may arise among compacting states
and between compacting and noncompacting states.  The interstate
commission shall promulgate a rule providing for both mediation and
binding dispute resolution for disputes among the compacting states.

   E. The interstate commission, in the reasonable exercise of its
discretion, shall enforce the provisions and rules of this compact
using any or all means set forth in Article 11 of this compact.

      Article 8.  Finance

   A. The interstate commission shall pay or provide for the payment
of the reasonable expenses of its establishment, organization, and
ongoing activities.
   B. The interstate commission shall levy on and collect an annual
assessment from each compacting state to cover the cost of the
internal operations and activities of the interstate commission and
its staff which must be in a total amount sufficient to cover the
interstate commission's annual budget as approved each year.  The
aggregate annual assessment amount shall be allocated based upon a
formula to be determined by the interstate commission, taking into
consideration the population of each compacting state and the volume
of interstate movement of offenders in each compacting state and
shall promulgate a rule binding upon all compacting states which
governs the assessment.
   C. The interstate commission shall not incur any obligations of
any kind before securing the funds adequate to meet the same.  Nor
shall the interstate commission pledge the credit of any of the
compacting states, except by and with the authority of the compacting
state.
   D. The interstate commission shall keep accurate accounts of all
receipts and disbursements.  The receipts and disbursements of the
interstate commission shall be subject to the audit and accounting
procedures established under its bylaws.  However, all receipts and
disbursements of funds handled by the interstate commission shall be
audited yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become part of the
annual report of the interstate commission.

      Article 9.  The State Council

   A. Each member state shall create a state council for interstate
juvenile supervision.  While each state may determine the membership
of its own state council, its membership shall include at least one
representative from the legislative, judicial, and executive branches
of government, victims groups and the compact administrator, deputy
compact administrator or designee.  Each compacting state retains the
right to determine the qualifications of the compact administrator
or deputy administrator.
   B. Each state council shall exercise oversight and advocacy
concerning that state's participation in interstate commission
activities and other duties as determined by that state, including,
but not limited to, the development of policy concerning operations
and procedures of the compact within that state.

      Article 10.  Compacting States, Effective Date and Amendment

   A. Any state, the District of Columbia or its designee, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa and the Northern Marianas Islands as defined in
Article 2 of this compact are eligible to become compacting states.
   B. The compact shall become effective and binding upon legislative
enactment of the compact into law by no less than thirty-five of the
states. The initial effective date shall be the later of July 1,
2004, or upon enactment into law by the thirty-fifth jurisdiction.
Thereafter it shall become effective and binding as to any other
compacting state, upon enactment of the compact into law by that
state.  The governors of nonmember states or their designees will be
invited to participate in interstate commission activities on a
nonvoting basis before adoption of the compact by all states and
territories of the united states.
   C. The interstate commission may propose amendments to the compact
for enactment by the compacting states.  No amendment shall become
effective and binding upon the interstate commission and the
compacting states unless and until it is enacted into law by
unanimous consent of the compacting states.

      Article 11.  Withdrawal, Default, Termination and Judicial
Enforcement

   A. Once effective, the compact shall continue in force and remain
binding upon each and every compacting state, except that a
compacting state may withdraw from the compact by enacting a statute
specifically repealing the statute which enacted the compact into
law.  The effective date of withdrawal is the effective date of the
repeal.
   B. The withdrawing state shall immediately notify the chairperson
of the interstate commission in writing upon the introduction of
legislation repealing this compact in the withdrawing state.  The
interstate commission shall notify the other compacting states of the
withdrawing state's intent to withdraw within sixty days of its
receipt thereof.
   C. The withdrawing state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
withdrawal, including any obligations, the performance of which
extend beyond the effective date of withdrawal.
   D. Reinstatement following withdrawal of any compacting state
shall occur upon the withdrawing state reenacting the compact or upon
such later date as determined by the interstate commission.
   E. If the interstate commission determines that any compacting
state has at any time defaulted in the performance of any of its
obligations or responsibilities under this compact, the bylaws, or
any duly promulgated rules, the interstate commission may impose any
or all of the following penalties:
   1. Remedial training and technical assistance as directed by the
interstate commission.
   2. Alternative dispute resolution.
   3. Fines, fees, and costs in such amounts as are deemed to be
reasonable as fixed by the interstate commission.
   4. Suspension or termination of membership in the compact.
Suspension shall be imposed only after all other reasonable means of
securing compliance under the bylaws and rules have been exhausted
and the interstate commission has therefore determined that the
offending state is in default.  Immediate notice of suspension shall
be given by the interstate commission to the governor, the chief
justice or chief judicial officer of the state, the majority and
minority leaders of the defaulting state's legislature, and the state
council.  The grounds for default include, but are not limited to,
failure of a compacting state to perform obligations or
responsibilities imposed upon it by this compact, the bylaws or duly
promulgated rules, and any other grounds designated in commission
bylaws and rules.  The interstate commission shall immediately notify
the defaulting state in writing of the penalty imposed by the
interstate commission on the defaulting state pending a cure of the
default.  The interstate commission shall stipulate the conditions
and the time period within which the defaulting state must cure its
default. If the defaulting state fails to cure the default within the
time period specified by the interstate commission, the defaulting
state shall be terminated from the compact upon an affirmative vote
of a majority of the compacting states and all rights, privileges,
and benefits conferred by this compact shall be terminated from the
effective date of termination.
   F. Within sixty days of the effective date of termination of a
defaulting state, the interstate commission shall notify the
governor, the chief justice or chief judicial officer, the majority
and minority leaders of the defaulting state's legislature and the
state council of that termination.
   G. The defaulting state is responsible for all assessments,
obligations, and liabilities incurred through the effective date of
termination, including any obligations, the performance of which
extends beyond the effective date of termination.
   H. The interstate commission shall not bear any costs relating to
the defaulting state unless otherwise mutually agreed upon between
the interstate commission and the defaulting state.
   1. Reinstatement following termination of any compacting state
requires both a reenactment of the compact by the defaulting state
and the approval of the interstate commission pursuant to the rules.

   J. The interstate commission, by majority vote of the members, may
initiate legal action in the United States District Court for the
District of Columbia or, at the discretion of the interstate
commission, in the federal district where the interstate commission
has its offices to enforce compliance with the provisions of the
compact, and its duly promulgated rules and bylaws, against any
compacting state in default.  In the event judicial enforcement is
necessary, the prevailing party shall be awarded all costs of that
litigation, including reasonable attorney fees.
   K. The compact dissolves effective upon the date of the withdrawal
or default of the compacting state which reduces membership in the
compact to one compacting state.  Upon the dissolution of this
compact, the compact becomes null and void and shall be of no further
force or effect, and the business and affairs of the interstate
commission shall be wound up and any surplus funds shall be
distributed in accordance with the bylaws.

      Article 12.  Severability and Construction

   A. The provisions of this compact shall be severable, and if any
phrase, clause, sentence or provision is deemed unenforceable, the
remaining provisions of the compact shall be enforceable.
   B. The provisions of this compact shall be liberally construed to
effectuate its purposes.

      Article 13.  Binding effect of compact and other laws

   A. Nothing herein prevents the enforcement of any other law of a
compacting state that is not inconsistent with this compact.
   B. All compacting states' laws, other than state constitutions,
and other interstate compacts conflicting with this compact are
superseded to the extent of the conflict.
   C. All lawful actions of the interstate commission, including all
rules and bylaws promulgated by the interstate commission, are
binding on the compacting states.  All agreements between the
interstate commission and the compacting states are binding in
accordance with their terms.
   D. On the request of a party to a conflict over meaning or
interpretation of interstate commission actions, and on a majority
vote of the compacting states, the interstate commission may issue
advisory opinions regarding that meaning or interpretation.
   E. In the event any provision of this compact exceeds the
constitutional limits imposed on the legislature of any compacting
state, the obligations, duties, powers, or jurisdiction sought to be
conferred by that provision upon the interstate commission shall be
ineffective and the obligations, duties, powers, or jurisdiction
shall remain in the compacting state and shall be exercised by the
agency thereof to which the obligations, duties, powers, or
jurisdiction are delegated by law in effect at the time this compact
becomes effective.
  SEC. 2.  All remedies and procedures provided by this compact shall
be in addition to and not in substitution of other rights, remedies
and procedures provided by the United States Constitution and the
California Constitution and other governing law, and shall not be in
derogation of parental rights and responsibilities.
  SEC. 3.  (a) The Interstate Compact for Juveniles described in
Section 1310 of the Welfare and Institutions Code shall supersede,
when it takes effect pursuant to the terms of Article 10 of the
compact, the Interstate Compact on Juveniles described in Sections
1300 to 1308, inclusive, of the Welfare and Institutions Code.
   (b) The state compact administrator shall notify in writing the
Governor, the President of the Senate, and the Speaker of the
Assembly when the compact takes effect pursuant to the terms of
Article 10 of the Interstate Compact for Juveniles.
BILL NUMBER: SB 489	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 5, 2003

INTRODUCED BY   Senator  Escutia   Scott

                        FEBRUARY 20, 2003

   An act to  add Section 1310 to the Welfare and
Institutions Code, relating to juveniles.   amend
Sections 12126, 12130, and 12132 of the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 489, as amended,  Escutia   Scott  .
 Interstate Compact for Juveniles  Firearms:
chamber load indicators and magazine disconnected mechanisms  .

   Existing law defines "unsafe handgun" in regard to pistols based
on certain criteria.
   This bill would, in addition, commencing January 1,  2005, for
firearms not already approved, as specified, include within the
definition of an unsafe handgun, a center-fire semiautomatic pistol
that does not have a chamber load indicator that is plainly visible
in a contrasting color that clearly indicates to a person who is
unfamiliar with the operation of a semiautomatic pistol that a
cartridge is in the firing chamber or a center-fire or rimfire
semiautomatic pistol that does not have a magazine disconnect
mechanism that prevents the pistol from operating to strike the
primer of ammunition in the firing chamber when a detachable magazine
is not inserted in the pistol if the pistol has a detachable
magazine.  The bill would, in addition, commencing January 1, 2007,
include within the definition of an unsafe handgun, a center-fire
semiautomatic pistol that does not have both of those features.
   By expanding the definition of "unsafe handgun," the manufacture,
sale, and other specified transfer of which is a crime, this bill
would expand the scope of an existing crime, and thereby impose a
state-mandated local program.
   Existing law requires handguns to be submitted for testing to
determine if they are unsafe handguns, as specified.
   This bill would provide that commencing January 1, 2005, no
center-fire semiautomatic pistol would be allowed to be submitted for
that testing if it did have a chamber load indicator, and no
center-fire or rimfire semiautomatic pistol that has a detachable
magazine would be allowed to be submitted for that testing if the
pistol does not have a magazine disconnect mechanism, as specified.
   Existing law provides that, subject to exceptions, any person who
manufactures, causes to be manufactured, imports into the state for
sale, keeps for sale, offers or exposes for sale, gives, or lends any
unsafe handgun is punishable by imprisonment in a county jail not
exceeding one year.
   This bill would add to existing exceptions to those provisions,
the sale, loan, or transfer of any semiautomatic pistol that is to be
used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant, as
specified.
  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.
   Existing law, the Interstate Compact on Juveniles, authorizes the
Governor to execute for and on behalf of the state a compact with
other party states, enacting remedies and procedures to effect the
cooperative supervision of delinquent juveniles on probation or
parole, the return of delinquent juveniles who has escaped, and the
return of nondelinquent juveniles who have run away from home.
   This bill would authorize the Governor to execute for and on
behalf of the state the Interstate Compact for Juveniles to effect,
through joint and cooperative agreement among the compacting states,
that would, among other things, ensure that adjudicated juveniles and
status offenders who are subject to the compact are provided with
adequate supervision and services in the receiving state, ensure
public safety interests of citizens, return juveniles who have run
away, and provide for the effective tracking and supervision of
juveniles.  This compact would supersede the previous compact, as
specified.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:
no   yes  . State-mandated local program:
 no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1310 is added to the Welfare and

  SECTION 1.  Section 12126 of the Penal Code is amended to read:

   12126.  As used in this chapter, "unsafe handgun" means any
pistol, revolver, or other firearm capable of being concealed upon
the person, as defined in subdivision (a) of Section 12001, for which
any of the following is true:
   (a) For a revolver:
   (1) It does not have a safety device that, either automatically in
the case of a double-action firing mechanism, or by manual operation
in the case of a single-action firing mechanism, causes the hammer
to retract to a point where the firing pin does not rest upon the
primer of the cartridge.
   (2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
   (3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
   (b) For a pistol:
   (1) It does not have a positive manually operated safety device,
as determined by standards relating to imported guns promulgated by
the federal Bureau of Alcohol, Tobacco, and Firearms.
   (2) It does not meet the firing requirement for handguns pursuant
to Section 12127.
   (3) It does not meet the drop safety requirement for handguns
pursuant to Section 12128.
   (4) Commencing January 1, 2005, for a center-fire semiautomatic
pistol that is not already listed on the roster pursuant to Section
12131, it does not have either a chamber load indicator, or a
magazine disconnect mechanism.
   (5) Commencing January 1, 2007, for all center-fire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have both a chamber load indicator and if it has
a detachable magazine, a magazine disconnect mechanism.
   (6) Commencing January 1, 2005, for all rimfire semiautomatic
pistols that are not already listed on the roster pursuant to Section
12131, it does not have a magazine disconnect mechanism, if it has a
detachable magazine.
   (c) As used in this section, a "chamber load indicator" means a
plainly visible device in a contrasting color that clearly indicates
to a reasonable person that a cartridge is in the firing chamber.
   (d) As used in this section, a "magazine disconnect mechanism"
means a mechanism that prevents a semiautomatic pistol that has a
detachable magazine from operating to strike the primer of ammunition
in the firing chamber when a detachable magazine is not inserted in
the semiautomatic pistol.
   (e) As used in this section, a "semiautomatic pistol" means a
pistol, as defined in subdivision (a) of Section 12001, the operating
mode of which uses the energy of the explosive in a fixed cartridge
to extract a fired cartridge and chamber a fresh cartridge with each
single pull of the trigger.
  SEC. 2.  Section 12130 of the Penal Code is amended to read:
   12130.  (a) Any pistol, revolver, or other firearm capable of
being concealed upon the person manufactured in this state, imported
into the state for sale, kept for sale, or offered or exposed for
sale, shall be tested within a reasonable period of time by an
independent laboratory certified pursuant to subdivision (b) to
determine whether that pistol, revolver, or other firearm capable of
being concealed upon the person meets or exceeds the standards
defined in Section 12126.
   (b) On or before October 1, 2000, the Department of Justice shall
certify laboratories to verify compliance with the standards defined
in Section 12126.  The department may charge any laboratory that is
seeking certification to test any pistol, revolver, or other firearm
capable of being concealed upon the person pursuant to this chapter a
fee not exceeding the costs of certification.
   (c) The certified testing laboratory shall, at the manufacturer's
or importer's expense, test the firearm and submit a copy of the
final test report directly to the Department of Justice along with a
prototype of the weapon to be retained by the department.  The
department shall notify the manufacturer or importer of its receipt
of the final test report and the department's determination as to
whether the firearm tested may be sold in this state.
   (d) (1) Commencing January 1, 2005, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter if it
does not have either a chamber load indicator as defined in
subdivision (c) of Section 12126, or a magazine disconnect mechanism
as defined in subdivision (d) of Section 12126 if it has a detachable
magazine.
   (2) Commencing January 1, 2007, no center-fire semiautomatic
pistol may be submitted for testing pursuant to this chapter it if
does not have both a chamber load indicator as defined in subdivision
(c) of Section 12126 and a magazine disconnect mechanism as defined
in subdivision (d) of Section 12126.
   (3) Commencing January 1, 2005, no rimfire semiautomatic pistol
may be submitted for testing pursuant to this chapter if it has a
detachable magazine, and does not have a magazine disconnect
mechanism as defined in subdivision (d) of Section 12126.

  SEC. 3.  Section 12132 of the Penal Code is amended to read:
   12132.  This chapter shall not apply to any of the following:
   (a) The sale, loan, or transfer of any firearm pursuant to Section
12082 or 12084 in order to comply with subdivision (d) of Section
12072.
   (b) The sale, loan, or transfer of any firearm that is exempt from
the provisions of subdivision (d) of Section 12072 pursuant to any
applicable exemption contained in Section 12078, if the sale, loan,
or transfer complies with the requirements of that applicable
exemption to subdivision (d) of Section 12072.
   (c) The sale, loan, or transfer of any firearm as described in
paragraph (3) of subdivision (b) of Section 12125.
   (d) The delivery of a pistol, revolver, or other firearm capable
of being concealed upon the person to a person licensed pursuant to
Section 12071 for the purposes of the service or repair of that
firearm.
   (e) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person by a person licensed pursuant to
Section 12071 to its owner where that firearm was initially delivered
in the circumstance set forth in subdivision (d).
   (f) The return of a pistol, revolver, or other firearm capable of
being concealed upon the person by a person licensed pursuant to
Section 12071 to its owner where that firearm was initially delivered
to that licensee for the purpose of a consignment sale or as
collateral for a pawnbroker loan.
   (g) The sale, loan, or transfer of any pistol, revolver, or other
firearm capable of being concealed upon the person listed as a curio
or relic, as defined in Section 178.11 of the Code of Federal
Regulations.
   (h) (1) The Legislature finds a significant public purpose in
exempting pistols that are designed expressly for use in Olympic
target shooting events.  Therefore, those pistols that are sanctioned
by the International Olympic Committee and by USA Shooting, the
national governing body for international shooting competition in the
United States, and that are used for Olympic target shooting
purposes at the time that the act adding this subdivision is enacted,
and that fall within the definition of "unsafe handgun" pursuant to
paragraph (3) of subdivision (b) of Section 12126 shall be exempt, as
provided in paragraphs (2) and (3).
   (2) This chapter shall not apply to any of the following pistols,
because they are consistent with the significant public purpose
expressed in paragraph (1):


MANUFACTURER     MODEL            CALIBER
ANSCHUTZ         FP              .22LR
BENELLI          MP90            .22LR
BENELLI          MP90            .32 S&W LONG
BENELLI          MP95            .22LR
BENELLI          MP95            .32 S&W LONG
DRULOV           FP              .22LR
GREEN            ELECTROARM      .22LR
HAMMERLI         100             .22LR
HAMMERLI         101             .22LR
HAMMERLI         102             .22LR
HAMMERLI         162             .22LR
HAMMERLI         280             .22LR
HAMMERLI         280             .32 S&W LONG
HAMMERLI         FP10            .22LR
HAMMERLI         MP33            .22LR
HAMMERLI         SP20            .22LR
HAMMERLI         SP20            .32 S&W LONG
MORINI           CM102E          .22LR
MORINI           22M             .22LR
MORINI           32M             .32 S&W LONG
MORINI           CM80            .22LR
PARDINI          GP              .22 SHORT
PARDINI          GPO             .22 SHORT
PARDINI          GP-SCHUMANN     .22 SHORT
PARDINI          HP              .32 S&W LONG
PARDINI          K22             .22LR
PARDINI          MP              .32 S&W LONG
PARDINI          PGP75           .22LR
PARDINI          SP              .22LR
PARDINI          SPE             .22LR
SAKO             FINMASTER       .22LR
STEYR            FP              .22LR
VOSTOK           IZH NO. 1       .22LR
VOSTOK           MU55            .22LR
VOSTOK           TOZ35           .22LR
WALTHER          FP              .22LR
WALTHER          GSP             .22LR
WALTHER          GSP             .32 S&W LONG
WALTHER          OSP             .22 SHORT
WALTHER          OSP-2000        .22 SHORT

   (3) The department shall create a program that is consistent with
the purpose stated in paragraph (1) to exempt new models of
competitive firearms from this chapter.  The exempt competitive
firearms may be based on recommendations by USA Shooting consistent
with the regulations contained in the USA Shooting Official Rules or
may be based on the recommendation or rules of any other organization
that the department deems relevant.
   (i) The sale, loan, or transfer of any semiautomatic pistol that
is to be used solely as a prop during the course of a motion picture,
television, or video production by an authorized participant therein
in the course of making that production or event or by an authorized
employee or agent of the entity producing that production or event.

  SEC. 4.  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.     _____________________________________    All
matter omitted in this version   of the bill appears in the bill as
  introduced in the Senate,   February 20, 2003 (JR 11)
____________________________________

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