BILL NUMBER: AB 488 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2003
INTRODUCED BY Assembly Member Parra
FEBRUARY 14, 2003
An act to amend Sections 290 and 290.01 of the Penal
Code, relating to sex offenders, and declaring the urgency thereof,
to take effect immediately. An act to amend Section
290 of, and to amend, repeal, and add Section 290.4 of, the Penal
Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 488, as amended, Parra. Sex offenders: campus
disclosures access to registration information .
Existing law requires adult offenders who have been convicted of
any of a specified group of sexual offenses to register with local
law enforcement agencies and makes it a felony to willfully fail to
register. Existing law also requires juvenile offenders as to whom a
petition has been sustained for the commission of any of a different
set of sexual offenses to register with local law enforcement
agencies and makes it a felony to willfully fail to register.
This bill would expand both the list of sexual charges for which
adults are required to register and the analogous list for juveniles
to include any statutory predecessor of a charge on the applicable
list that includes all elements of that charge.
Existing law generally limits the release of statements,
photographs, and fingerprints required by the sex offender
registration law except as specified. However, existing law
authorizes a law enforcement agency, when a peace officer reasonably
suspects that a child or other person may be at risk from a sex
offender convicted of any of a group of specified offenses that
require registration, to provide certain information about the
offender that the agency deems relevant and necessary to protect the
public, to specified persons, agencies, or organizations the offender
is likely to encounter. This information includes such things as
descriptions of the offender, vehicle information, the offender's
address, and the offender's enrollment, employment, and vocational
status with an institution of higher learning.
This bill would specify that the general limitation on release of
material related to sex registrants, in addition to covering
statements, photographs, and fingerprints, extends to limit the
release of information required of those registrants. The bill would
expand the information that may be provided by a law enforcement
agency to those specified persons, agencies, or organizations the
offender is likely to encounter to include the date of a registrant's
last registration or reregistration, whether the registrant is in
compliance with the registration requirements, and the registrant's
volunteer status with an institution of higher education. This bill
would also expand the types of law enforcement agencies authorized to
disseminate information under these provisions, and under other
existing provisions authorizing the dissemination of more specific
information concerning high-risk sex offenders, as specified, to
include every state or local agency expressly authorized by statute
to investigate or prosecute law violators.
Until January 1, 2004, existing law requires the Department of
Justice to continually compile specified information categorized by
community of residence and ZIP Code regarding any person required to
register as a sex offender for a conviction for the commission or
attempted commission of any specified sex offense. Existing law
requires the Department of Justice to operate a "900" telephone
number for people to inquire whether a named individual is among
those specified registrants. Existing law also requires the
department to provide a CD-ROM or other electronic medium containing
a specified portion of the compiled sex offender information to
certain law enforcement agencies. These law enforcement agencies are
required to make the CD-ROM or other electronic medium available for
public viewing, as specified. Existing law makes unauthorized use of
the CD-ROM or "900" telephone number information a misdemeanor, and
requires reports be made by the department concerning the CD-ROM and
"900" telephone number programs.
This bill would extend the expiration of these provisions to July
1, 2005, and would make operative on that date similar provisions
that would do all of the following: (1) expand the classes of
information compiled by the department about this same group of
registrants; (2) eliminate the "900" telephone number and CD-ROM
programs and instead require the department, upon funding and
implementation of a specified database, to put specified information
about listed offenders on the Internet. This information would
include all the current CD-ROM information, as well as the dates of
commission of the crimes for which a listed person must register, the
date of each listed person's last registration or reregistration,
and whether a listed person is in compliance with the basic
registration requirements; (3) require each visitor to the Web site
to give a name and to state he or she is not required to register,
and seeks the information for specified proper purposes, similar to
what is required in existing law for CD-ROM viewers; (4) make it a
misdemeanor for a sex offender who is required to register to enter
the Web site; (5) eliminate the existing requirements of annual and
other reports by the department concerning the "900" telephone number
and CD-ROM programs, and instead require an annual report on the
Internet program with specified content; and (6) make conforming
changes.
Existing law requires agencies disseminating information from the
CD-ROM or other electronic media to maintain a list of those who have
viewed the information for at least 5 years.
This bill would end that requirement effective July 1, 2010, 5
years after the CD-ROM program is to be repealed under the provisions
of this bill.
The bill would impose a state-mandated local program by expanding
the duties of local law enforcement agencies and by expanding the
scope of existing crimes.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Existing state law provides that campus law enforcement may advise
the public of the presence of high-risk sex offenders in its
community, as specified. Existing federal law has been interpreted
to require campus law enforcement to advise the public of the
presence of all sex offenders on campus.
This bill would revise state law to provide that campus law
enforcement, or, if the campus has no police department, local law
enforcement, may release to members of the campus community
information regarding the presence of sex offenders on campus, as
specified. This bill would define campus police department and would
permit the detention of a registrant who has violated these
provisions for a reasonable period of time in order to obtain his or
her fingerprints. This bill would provide that the Department of
Justice may develop guidelines for the disclosure of the information.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3 majority .
Appropriation: no. Fiscal committee: yes. State-mandated local
program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290 of the Penal Code is amended to
SECTION 1. Section 290 of the Penal Code is amended to read:
290. (a) (1) (A) Every person described in paragraph (2), for the
rest of his or her life while residing in, or, if he or she has no
residence, while located within California, or while attending school
or working in California, as described in subparagraph (G), shall be
required to register with the chief of police of the city in which
he or she is residing, or if he or she has no residence, is located,
or the sheriff of the county if he or she is residing, or if he or
she has no residence, is located, in an unincorporated area or city
that has no police department, and, additionally, with the chief of
police of a campus of the University of California, the California
State University, or community college if he or she is residing, or
if he or she has no residence, is located upon the campus or in any
of its facilities, within five working days of coming into, or
changing his or her residence or location within, any city, county,
or city and county, or campus in which he or she temporarily resides,
or, if he or she has no residence, is located.
(B) If the person who is registering has more than one residence
address or location at which he or she regularly resides or is
located, he or she shall register in accordance with subparagraph (A)
in each of the jurisdictions in which he or she regularly resides or
is located. If all of the addresses or locations are within the
same jurisdiction, the person shall provide the registering authority
with all of the addresses or locations where he or she regularly
resides or is located.
(C) If the person who is registering has no residence address, he
or she shall update his or her registration no less than once every
60 days in addition to the requirement in subparagraph (A), on a form
as may be required by the Department of Justice, with the entity or
entities described in subparagraph (A) in whose jurisdiction he or
she is located at the time he or she is updating the registration.
(D) Beginning on his or her first birthday following registration
or change of address, the person shall be required to register
annually, within five working days of his or her birthday, to update
his or her registration with the entities described in subparagraph
(A). At the annual update, the person shall provide current
information as required on the Department of Justice annual update
form, including the information described in subparagraphs (A) to
(C), inclusive, of paragraph (2) of subdivision (e).
(E) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice.
(F) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice Violent Crime Information Network (VCIN).
(G) Persons required to register in their state of residence who
are out-of-state residents employed, or carrying on a vocation in
California on a full-time or part-time basis, with or without
compensation, for more than 14 days, or for an aggregate period
exceeding 30 days in a calendar year, shall register in accordance
with subparagraph (A). Persons described in paragraph (2) who are
out-of-state residents enrolled in any educational institution in
California, as defined in Section 22129 of the Education Code, on a
full-time or part-time basis, shall register in accordance with
subparagraph (A). The place where the out-of-state resident is
located, for purposes of registration, shall be the place where the
person is employed, carrying on a vocation, or attending school. The
out-of-state resident subject to this subparagraph shall, in
addition to the information required pursuant to subdivision (e),
provide the registering authority with the name of his or her place
of employment or the name of the school attended in California, and
his or her address or location in his or her state of residence. The
registration requirement for persons subject to this subparagraph
shall become operative on November 25, 2000. The terms "employed or
carries on a vocation" include employment whether or not financially
compensated, volunteered, or performed for government or educational
benefit.
(2) The following persons shall be required to register pursuant
to paragraph (1):
(A) Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, or paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, 266c, subdivision (b) of Section 266h, subdivision (b) of
Section 266i, 266j, 267, 269, 285, 286, 288, 288a, 288.5, or 289,
subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4,
311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of
Section 653f, subdivision 1 or 2 of Section 314, any offense
involving lewd or lascivious conduct under Section 272, or any felony
violation of Section 288.2; or any statutory predecessor that
includes all elements of one of the above-mentioned offenses;
or any person who since that date has been or is hereafter convicted
of the attempt to commit any of the above-mentioned offenses.
(B) Any person who, since July 1, 1944, has been or hereafter is
released, discharged, or paroled from a penal institution where he or
she was confined because of the commission or attempted commission
of one of the offenses described in subparagraph (A).
(C) Any person who, since July 1, 1944, has been or hereafter is
determined to be a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code or any person who has been found
guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not
guilty by reason of insanity in the sanity phase of the trial.
(D) Any person who, since July 1, 1944, has been, or is hereafter
convicted in any other court, including any state, federal, or
military court, of any offense that, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in subparagraph (A) or any person ordered by any other
court, including any state, federal, or military court, to register
as a sex offender for any offense, if the court found at the time of
conviction or sentencing that the person committed the offense as a
result of sexual compulsion or for purposes of sexual gratification.
(E) Any person ordered by any court to register pursuant to this
section for any offense not included specifically in this section if
the court finds at the time of conviction or sentencing that the
person committed the offense as a result of sexual compulsion or for
purposes of sexual gratification. The court shall state on the
record the reasons for its findings and the reasons for requiring
registration.
(F) (i) Notwithstanding any other subdivision, a person who was
convicted before January 1, 1976, under subdivision (a) of Section
286, or Section 288a, shall not be required to register pursuant to
this section for that conviction if the conviction was for conduct
between consenting adults that was decriminalized by Chapter 71 of
the Statutes of 1975 or Chapter 1139 of the Statutes of 1976. The
Department of Justice shall remove that person from the Sex Offender
Registry, and the person is discharged from his or her duty to
register pursuant to the following procedure:
(I) The person submits to the Department of Justice official
documentary evidence, including court records or police reports, that
demonstrate that the person's conviction pursuant to either of those
sections was for conduct between consenting adults that was
decriminalized; or
(II) The person submits to the department a declaration stating
that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized.
The declaration shall be confidential and not a public record, and
shall include the person's name, address, telephone number, date of
birth, and a summary of the circumstances leading to the conviction,
including the date of the conviction and county of the occurrence.
(III) The department shall determine whether the person's
conviction was for conduct between consensual adults that has been
decriminalized. If the conviction was for consensual conduct between
adults that has been decriminalized, and the person has no other
offenses for which he or she is required to register pursuant to this
section, the department shall, within 60 days of receipt of those
documents, notify the person that he or she is relieved of the duty
to register, and shall notify the local law enforcement agency with
which the person is registered that he or she has been relieved of
the duty to register. The local law enforcement agency shall remove
the person's registration from its files within 30 days of receipt of
notification. If the documentary or other evidence submitted is
insufficient to establish the person's claim, the department shall,
within 60 days of receipt of those documents, notify the person that
his or her claim cannot be established, and that the person shall
continue to register pursuant to this section. The department shall
provide, upon the person's request, any information relied upon by
the department in making its determination that the person shall
continue to register pursuant to this section. Any person whose
claim has been denied by the department pursuant to this clause may
petition the court to appeal the department's denial of the person's
claim.
(ii) On or before July 1, 1998, the department shall make a report
to the Legislature concerning the status of persons who may come
under the provisions of this subparagraph, including the number of
persons who were convicted before January 1, 1976, under subdivision
(a) of Section 286 or Section 288a and are required to register under
this section, the average age of these persons, the number of these
persons who have any subsequent convictions for a registerable sex
offense, and the number of these persons who have sought successfully
or unsuccessfully to be relieved of their duty to register under
this section.
(b) (1) Any person who is released, discharged, or paroled from a
jail, state or federal prison, school, road camp, or other
institution where he or she was confined because of the commission or
attempted commission of one of the offenses specified in subdivision
(a) or is released from a state hospital to which he or she was
committed as a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code, shall, prior to discharge,
parole, or release, be informed of his or her duty to register under
this section by the official in charge of the place of confinement or
hospital, and the official shall require the person to read and sign
any form that may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to the person. The official in charge of the place of
confinement or hospital shall obtain the address where the person
expects to reside upon his or her discharge, parole, or release and
shall report the address to the Department of Justice. The official
shall at the same time forward a current photograph of the person to
the Department of Justice.
(2) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release. If
the conviction that makes the person subject to this section is a
felony conviction, the official in charge shall, not later than 45
days prior to the scheduled release of the person, send one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice.
The official in charge of the place of confinement or hospital shall
retain one copy.
(c) (1) Any person who is convicted in this state of the
commission or attempted commission of any of the offenses specified
in subdivision (a) and who is released on probation, shall, prior to
release or discharge, be informed of the duty to register under this
section by the probation department, and a probation officer shall
require the person to read and sign any form that may be required by
the Department of Justice, stating that the duty of the person to
register under this section has been explained to him or her. The
probation officer shall obtain the address where the person expects
to reside upon release or discharge and shall report within three
days the address to the Department of Justice. The probation officer
shall give one copy of the form to the person, send one copy to the
Department of Justice, and forward one copy to the appropriate law
enforcement agency or agencies having local jurisdiction where the
person expects to reside upon his or her discharge, parole, or
release.
(2) Any person who is convicted in this state of the commission or
attempted commission of any of the offenses specified in subdivision
(a) and who is granted conditional release without supervised
probation, or discharged upon payment of a fine, shall, prior to
release or discharge, be informed of the duty to register under this
section in open court by the court in which the person has been
convicted, and the court shall require the person to read and sign
any form that may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to him or her. If the court finds that it is in the
interest of the efficiency of the court, the court may assign the
bailiff to require the person to read and sign forms under this
section. The court shall obtain the address where the person expects
to reside upon release or discharge and shall report within three
days the address to the Department of Justice. The court shall give
one copy of the form to the person, send one copy to the Department
of Justice, and forward one copy to the appropriate law enforcement
agency or agencies having local jurisdiction where the person expects
to reside upon his or her discharge, parole, or release.
(d) (1) Any person who, on or after January 1, 1986, is discharged
or paroled from the Department of the Youth Authority to the custody
of which he or she was committed after having been adjudicated a
ward of the juvenile court pursuant to Section 602 of the Welfare and
Institutions Code because of the commission or attempted commission
of any offense described in paragraph (3) shall be subject to
registration under the procedures of this section.
(2) Any person who is discharged or paroled from a facility in
another state that is equivalent to the Department of the Youth
Authority, to the custody of which he or she was committed because of
an offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
paragraph (3), shall be subject to registration under the procedures
of this section.
(3) Any person described in this subdivision who committed an
offense in violation of any of the following provisions shall be
required to register pursuant to this section:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(B) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
subdivision (a) of Section 261, Section 264.1, 266c, or 267,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b)
of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of
Section 289, or Section 647.6.
(C) A violation of Section 207 or 209 committed with the intent to
violate Section 261, 286, 288, 288a, or 289.
(D) A violation of any statutory predecessor that includes all of
the elements of one of the offenses listed in this paragraph.
(4) Prior to discharge or parole from the Department of the Youth
Authority, any person who is subject to registration under this
subdivision shall be informed of the duty to register under the
procedures set forth in this section. Department of the Youth
Authority officials shall transmit the required forms and information
to the Department of Justice.
(5) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register has his or her records sealed under the
procedures set forth in Section 781 of the Welfare and Institutions
Code. This subdivision shall not be construed as requiring the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by a court under Section 781 of the
Welfare and Institutions Code.
(e) (1) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to register under this section shall
preregister. The preregistering official shall be the admitting
officer at the place of incarceration, placement, or commitment, or
the probation officer if the person is to be released on probation.
The preregistration shall consist of both of the following:
(A) A preregistration statement in writing, signed by the person,
giving information that shall be required by the Department of
Justice.
(B) The fingerprints and a current photograph of the person.
(C) Any person who is preregistered pursuant to this subdivision
is required to be preregistered only once.
(2) A person described in paragraph (2) of subdivision (a) shall
register, or reregister if the person has previously registered, upon
release from incarceration, placement, or commitment, pursuant to
paragraph (1) of subdivision (a). The registration shall consist of
all of the following:
(A) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
(B) The fingerprints and a current photograph of the person taken
by the registering official.
(C) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
(D) Notice to the person that, in addition to the requirements of
paragraph (4), he or she may have a duty to register in any other
state where he or she may relocate.
(E) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she
has a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the day he or she is allowed to register.
(3) Within three days thereafter, the preregistering official or
the registering law enforcement agency or agencies shall forward the
statement, fingerprints, photograph, and vehicle license plate
number, if any, to the Department of Justice.
(f) (1) If any person who is required to register pursuant to this
section changes his or her residence address or location, whether
within the jurisdiction in which he or she is currently registered or
to a new jurisdiction inside or outside the state, the person shall
inform, in writing within five working days, the law enforcement
agency or agencies with which he or she last registered of the new
address or location. The law enforcement agency or agencies shall,
within three days after receipt of this information, forward a copy
of the change of address or location information to the Department of
Justice. The Department of Justice shall forward appropriate
registration data to the law enforcement agency or agencies having
local jurisdiction of the new place of residence or location.
(2) If the person's new address is in a Department of the Youth
Authority facility or a state prison or state mental institution, an
official of the place of incarceration, placement, or commitment
shall, within 90 days of receipt of the person, forward the
registrant's change of address information to the Department of
Justice. The agency need not provide a physical address for the
registrant but shall indicate that he or she is serving a period of
incarceration or commitment in a facility under the agency's
jurisdiction. This paragraph shall apply to persons received in a
Department of the Youth Authority facility or a state prison or state
mental institution on or after January 1, 1999. The Department of
Justice shall forward the change of address information to the agency
with which the person last registered.
(3) If any person who is required to register pursuant to this
section changes his or her name, the person shall inform, in person,
the law enforcement agency or agencies with which he or she is
currently registered within five working days. The law enforcement
agency or agencies shall forward a copy of this information to the
Department of Justice within three days of its receipt.
(g) (1) Any person who is required to register under this section
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of this section is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
(2) Except as provided in paragraphs (5) and (7), any person who
is required to register under this section based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of this section or who has a prior conviction or juvenile
adjudication for the offense of failing to register under this
section and who subsequently and willfully violates any requirement
of this section is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in this paragraph shall apply whether or not
the person has been released on parole or has been discharged from
parole.
(3) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under this section, but
who has been found not guilty by reason of insanity in the sanity
phase of the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required under
this section pursuant to subdivision (d), but who has been found not
guilty by reason of insanity, who willfully violates any requirement
of this section is guilty of a misdemeanor and shall be punished by
imprisonment in a county jail not exceeding one year. For any second
or subsequent willful violation of any requirement of this section,
the person is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
(4) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this
subdivision, he or she shall be required to complete parole of at
least one year, in addition to any other punishment imposed under
this subdivision. A person convicted of a felony as specified in
this subdivision may be granted probation only in the unusual case
where the interests of justice would best be served. When probation
is granted under this paragraph, the court shall specify on the
record and shall enter into the minutes the circumstances indicating
that the interests of justice would best be served by the
disposition.
(5) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subparagraph (E) of paragraph (1) of
subdivision (a), shall be punished by imprisonment in the state
prison, or in a county jail not exceeding one year.
(6) Except as otherwise provided in paragraph (5), and in addition
to any other penalty imposed under this subdivision, any person who
is required pursuant to subparagraph (C) of paragraph (1) of
subdivision (a) to update his or her registration every 60 days and
willfully fails to update his or her registration is guilty of a
misdemeanor and shall be punished by imprisonment in
a county jail not exceeding six months.
Any subsequent violation of this requirement that persons described
in subparagraph (C) of paragraph (1) of subdivision (a) shall update
their registration every 60 days is also a misdemeanor and shall be
punished by imprisonment in a county jail not exceeding six months.
(7) Any person who fails to provide proof of residence as required
by subparagraph (E) of paragraph (2) of subdivision (e), regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
(8) Any person who is required to register under this section who
willfully violates any requirement of this section is guilty of a
continuing offense.
(h) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the parole authority, the Youthful Offender Parole
Board, or the court, as the case may be, shall order the parole or
probation of the person revoked. For purposes of this subdivision,
"parole authority" has the same meaning as described in Section 3000.
(i) Except as provided in subdivisions (m) and (n) and Section
290.4, the statements, photographs, and
fingerprints , and information required by this section
shall not be open to inspection by the public or by any person other
than a regularly employed peace officer or other law enforcement
officer.
(j) In any case in which a person who would be required to
register pursuant to this section for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or of whatever nature the assignment may be, the
local law enforcement agency having jurisdiction over the place or
places where the assignment shall occur shall be notified within a
reasonable time prior to removal from the institution. This
subdivision shall not apply to any person who is temporarily released
under guard from the institution where he or she is confined.
(k) As used in this section, "mentally disordered sex offender"
includes any person who has been determined to be a sexual psychopath
or a mentally disordered sex offender under any provision which, on
or before January 1, 1976, was contained in Division 6 (commencing
with Section 6000) of the Welfare and Institutions Code.
(l) (1) Every person who, prior to January 1, 1997, is required to
register under this section, shall be notified whenever he or she
next reregisters of the reduction of the registration period from 14
to five working days. This notice shall be provided in writing by
the registering agency or agencies. Failure to receive this
notification shall be a defense against the penalties prescribed by
subdivision (g) if the person did register within 14 days.
(2) Every person who, as a sexually violent predator, as defined
in Section 6600 of the Welfare and Institutions Code, is required to
verify his or her registration every 90 days, shall be notified
wherever he or she next registers of his or her increased
registration obligations. This notice shall be provided in writing
by the registering agency or agencies. Failure to receive this
notice shall be a defense against the penalties prescribed by
paragraph (5) of subdivision (g).
(m) (1) When a peace officer reasonably suspects, based on
information that has come to his or her attention through information
provided by any peace officer or member of the public, that a child
or other person may be at risk from a sex offender convicted of a
crime listed in paragraph (1) of subdivision (a) of Section 290.4, a
designated law enforcement agency
entity, as defined in subdivision (n) of this section, may,
notwithstanding any other provision of law, provide any of the
information specified in paragraph (4) of this subdivision about that
registered sex offender that the agency
entity deems relevant and necessary to protect the public, to
the following persons, agencies, or organizations the offender is
likely to encounter, including, but not limited to, the following:
(A) Public and private educational institutions, day care
establishments, and establishments and organizations that primarily
serve individuals likely to be victimized by the offender.
(B) Other community members at risk.
(2) The designated law enforcement agency
entity may authorize persons and
entities who receive the organizations receiving
information pursuant to paragraph (1) to disclose information to
additional persons only if the agency does the following:
(A) Determines entity determines that all
conditions set forth in paragraph (1) have been satisfied regarding
disclosure to the additional persons .
(B) Identifies or organizations, and identifies
the appropriate scope of further disclosure.
(3) Persons notified pursuant to paragraph (1) may disclose the
information provided by the designated law enforcement
agency entity in the manner and to the
extent authorized by the designated law enforcement
agency entity .
(4) The information that may be disclosed pursuant to this section
includes the following:
(A) The offender's full name.
(B) The offender's known aliases.
(C) The offender's gender.
(D) The offender's race.
(E) The offender's physical description.
(F) The offender's photograph.
(G) The offender's date of birth.
(H) Crimes resulting in registration under this section.
(I) The offender's address, which must be verified prior to
publication.
(J) Description and license plate number of offender's vehicles or
vehicles the offender is known to drive.
(K) Type of victim targeted by the offender.
(L) Relevant parole or probation conditions, such as one
prohibiting contact with children.
(M) Dates of crimes resulting in classification under this
section.
(N) Date of release from confinement.
(O) The offender's enrollment, employment, volunteer,
or vocational status with any university, college, community college,
or other institution of higher learning.
(P) The date of last registration or reregistration.
(Q) Whether the person is in violation of the requirements of this
section.
However, information disclosed pursuant to this subdivision shall
not include information that would identify the victim.
(5) If a law enforcement agency discloses information pursuant to
this subdivision, it shall include, with the disclosure, a statement
that the purpose of the release of the information is to allow
members of the public to protect themselves and their children from
sex offenders.
(6) For purposes of this section, "likely to encounter" means both
of the following:
(A) That the agencies, organizations, or other community members
are in a location or in close proximity to a location where the
offender lives or is employed, or that the offender visits or is
likely to visit on a regular basis.
(B) The types of interaction that ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably probable.
(7) For purposes of this section, "reasonably suspects" means that
it is objectively reasonable for a peace officer to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing when appropriate on his or her training and
experience, to suspect that a child or other person is at risk.
(8) For purposes of this section, "at risk" means a person is or
may be exposed to a risk of becoming a victim of a sex offense
committed by the offender.
(9) A designated law enforcement agency
entity may continue to disclose information on
an offender under this subdivision for as long as the offender is
included in Section 290.4.
(n) In addition to the procedures set forth elsewhere in this
section, a designated law enforcement entity may advise the public of
the presence of high-risk sex offenders in its community pursuant to
this subdivision.
(1) For purposes of this subdivision:
(A) A high-risk sex offender is a person who has been convicted of
an offense specified in paragraph (1) of subdivision (a) of Section
290.4, and also meets one of the following criteria:
(i) Has been convicted of three or more violent sex offenses, at
least two of which were brought and tried separately.
(ii) Has been convicted of two violent sex offenses and one or
more violent nonsex offenses, at least two of which were brought and
tried separately.
(iii) Has been convicted of one violent sex offense and two or
more violent nonsex offenses, at least two of which were brought and
tried separately.
(iv) Has been convicted of either two violent sex offenses or one
violent sex offense and one violent nonsex offense, at least two of
which were brought and tried separately, and has been arrested on
separate occasions for three or more violent sex offenses, violent
nonsex offenses, or associated offenses.
(v) Has been adjudicated a sexually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
(B) A violent sex offense means any offense defined in Section
220, except attempt to commit mayhem, or Section 261, 264.1, 286,
288, 288a, 288.5, 289, or 647.6, or infliction of great bodily injury
during the commission of a sex offense, as provided in Section
12022.8.
(C) A violent nonsex offense means any offense defined in Section
187, subdivision (a) of Section 192, or Section 203, 206, 207, or
236, provided that the offense is a felony, subdivision (a) of
Section 273a, Section 273d or 451, or attempted murder, as defined in
Sections 187 and 664.
(D) An associated offense means any offense defined in Section
243.4, provided that the offense is a felony, Section 311.1, 311.2,
311.3, 311.4, 311.5, 311.6, 311.7, or 314, Section 459, provided the
offense is of the first degree, Section 597 or 646.9, subdivision
(d), (h), or (i) of Section 647, Section 653m, or infliction of great
bodily injury during the commission of a felony, as defined in
Section 12022.7.
(E) For purposes of subparagraphs (B) to (D), inclusive, an arrest
or conviction for the statutory predecessor of any of the enumerated
offenses, or an arrest or conviction in any other jurisdiction for
any offense that, if committed or attempted in this state, would have
been punishable as one or more of the offenses described in those
subparagraphs, is to be considered in determining whether an offender
is a high-risk sex offender.
(F) For purposes of subparagraphs (B) to (D), inclusive, an arrest
as a juvenile or an adjudication as a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code for any of the offenses described in those subparagraphs is to
be considered in determining whether an offender is a high-risk sex
offender.
(G) Notwithstanding subparagraphs (A) to (D), inclusive, an
offender shall not be considered to be a high-risk sex offender if
either of the following apply:
(i) The offender's most recent conviction or arrest for an offense
described in subparagraphs (B) to (D), inclusive, occurred more than
five years prior to the high-risk assessment by the Department of
Justice, excluding periods of confinement.
(ii) The offender notifies the Department of Justice, on a form
approved by the department and available at any sheriff's office,
that he or she has not been convicted in the preceding 15 years,
excluding periods of confinement, of an offense for which
registration is required under paragraph (2) of subdivision (a), and
the department is able, upon exercise of reasonable diligence, to
verify the information provided in paragraph (2).
(H) "Confinement" means confinement in a jail, prison, school,
road camp, or other penal institution, confinement in a state
hospital to which the offender was committed as a mentally disordered
sex offender under Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code, or confinement in a facility designated by the Director of
Mental Health to which the offender was committed as a sexually
violent predator under Article 4 (commencing with Section 6600) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code.
(I) "Designated law enforcement entity" means any of the
following: municipal police department; sheriff's department;
district attorney's office; county probation department; Department
of Justice; Department of Corrections; Department of the Youth
Authority; Department of the California Highway Patrol; or the police
department of any campus of the University of California, California
State University, or community college ; and every state or
local agency expressly authorized by statute to investigate or
prosecute law violators. This definition shall apply for purposes of
this section .
(2) The Department of Justice shall continually search the records
provided to it pursuant to subdivision (b) and identify, on the
basis of those records, high-risk sex offenders. Four times each
year, the department shall provide to each chief of police and
sheriff in the state, and to any other designated law enforcement
entity upon request, the following information regarding each
identified high-risk sex offender: full name; known aliases; gender;
race; physical description; photograph; date of birth; and crimes
resulting in classification under this section.
(3) The Department of Justice and any designated law enforcement
entity to which notice has been given pursuant to paragraph (2) may
cause to be made public, by whatever means the agency deems necessary
to ensure the public safety, based upon information available to the
agency concerning a specific person, including, but not limited to,
the information described in paragraph (2); the offender's address,
which shall be verified prior to publication; description and license
plate number of the offender's vehicles or vehicles the offender is
known to drive; type of victim targeted by the offender; relevant
parole or probation conditions, such as one prohibiting contact with
children; dates of crimes resulting in classification under this
section; and date of release from confinement; but excluding
information that would identify the victim.
(4) Notwithstanding any other provision of law, any person
described in paragraph (2) of subdivision (p) who receives
information from a designated law enforcement entity pursuant to
paragraph (3) may disclose that information in the manner and to the
extent authorized by the law enforcement entity.
(5) The law enforcement agency may authorize persons and entities
who receive the information pursuant to paragraph (3) to disclose
information to additional persons only if the agency does the
following:
(A) Determines that all conditions set forth in this subdivision
have been satisfied regarding disclosure to the additional persons.
(B) Identifies the appropriate scope of further disclosure.
(o) Agencies Until July 1, 2010, agencies
disseminating information to the public pursuant to Section
290.4 shall maintain records of those persons requesting to view the
CD-ROM or other electronic media for a minimum of five years.
Agencies disseminating information to the public pursuant to
subdivision (n) shall maintain records of the means and dates of
dissemination for a minimum of five years.
(p) (1) Any designated law enforcement agency
entity and employees of any designated
law enforcement agency entity
shall be immune from liability for good faith conduct under this
section and Section 290.4 . For the purposes of
this section, "law enforcement agency" means the Attorney General of
California, every district attorney, the Department of Corrections,
the Department of the Youth Authority, and every state or local
agency expressly authorized by statute to investigate or prosecute
law violators.
(2) Any public or private educational institution, day care
facility, or any child care custodian described in Section 11165.7,
or any employee of a public or private educational institution or day
care facility which in good faith disseminates information as
authorized pursuant to paragraph (3) of subdivision (m) or paragraph
(4) of subdivision (n) that is provided by a law enforcement agency
or an employee of a law enforcement agency shall be immune from civil
liability.
(q) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000).
(r) The registration and public notification provisions of this
section are applicable to every person described in this section,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in this section, regardless of when it was
committed.
SEC. 2. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
Section 207 or 209 committed with the intent to violate Section 261,
286, 288, 288a, or 289; Section 220, except assault to commit mayhem;
Section 243.4, provided that the offense is a felony; paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261; Section
264.1; Section 266, provided that the offense is a felony; Section
266c, provided that the offense is a felony; Section 266j; Section
267; Section 269; paragraph (1) of subdivision (b) of Section 286,
provided that the offense is a felony; paragraph (2) of subdivision
(b), subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the attempted commission of any of
these offenses; or the statutory predecessor of any of these offenses
or any offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
this section. This requirement shall not be applied to a person
whose duty to register has been terminated pursuant to paragraph (5)
of subdivision (d) of Section 290, or to a person who has been
relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the name or address of a listed person's employer, or
the street address or criminal history of a person listed, except to
disclose the ZIP Code area in which the person resides and to
describe the specific crimes for which the registrant was required to
register. The department shall decide whether the named person
reasonably appears to be a person listed, based upon information from
the caller providing information that shall include (A) an exact
street address, including apartment number, social security number,
California driver's license or identification number, or birth date
along with additional information that may include any of the
following: name, hair color, eye color, height, weight, distinctive
markings, ethnicity; or (B) any combination of at least six of the
above listed characteristics if an exact birth date or address is not
available. If three of the characteristics provided include
ethnicity, hair color, and eye color, a seventh identifying
characteristic shall be provided. Any information identifying the
victim by name, birth date, address, or relation to the registrant
shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the name or address of a listed
person's employer, or the listed person's street address and criminal
history other than the specific crimes for which the person was
required to register, for all persons described in paragraph (1) of
subdivision (a), and shall update and distribute the CD-ROM or other
electronic medium on a monthly basis to the sheriff's department in
each county, municipal police departments of cities with a population
of more than 200,000, and each law enforcement agency listed in
subparagraph (I) of paragraph (1) of subdivision (n) of Section 290.
These law enforcement agencies may obtain additional copies by
purchasing a yearly subscription to the CD-ROM or other electronic
medium from the Department of Justice for a yearly subscription fee.
The Department of Justice, the sheriff's departments, and the
municipal police departments of cities with a population of more than
200,000 shall make, and the other law enforcement agencies may make,
the CD-ROM or other electronic medium available for viewing by the
public in accordance with the following: The agency may require that
a person applying to view the CD-ROM or other electronic medium
express an articulable purpose in order to have access thereto. The
applicant shall provide identification in the form of a California
driver's license, California identification card, or military
identification card and orders with proof of permanent assignment or
attachment to a military command or vessel in California, showing the
applicant to be at least 18 years of age. The applicant shall sign a
statement, on a form provided by the Department of Justice, stating
that the applicant is not a registered sex offender, that he or she
understands the purpose of the release of information is to allow
members of the public to protect themselves and their children from
sex offenders, and he or she understands it is unlawful to use
information obtained from the CD-ROM or other electronic medium to
commit a crime against any registrant or to engage in illegal
discrimination or harassment of any registrant. The signed statement
shall be maintained in a file in the designated law enforcement
agency's office. A person under 18 years of age may accompany an
applicant who is that person's parent or legal guardian for the
purpose of viewing the CD-ROM or other electronic medium.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the
Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. This subdivision
shall not apply to a law enforcement officer who makes a copy as part
of his or her official duties in the course of a criminal
investigation, court case, or as otherwise authorized by subdivision
(n) of Section 290. This subdivision shall not prohibit copying
information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes of relating to any of the following is
prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) Any law enforcement agency and employees of any law
enforcement agency shall be immune from liability for good faith
conduct under this section. For the purposes of this section, "law
enforcement agency" means the Attorney General of California, every
district attorney, the Department of Corrections, the Department of
the Youth Authority, and every state or local agency expressly
authorized by statute to investigate or prosecute law violators.
(j) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(k) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(l) No later than December 31, 1998, the Department of Justice
shall prepare an informational pamphlet that shall be mailed to any
member of the public who makes an inquiry using the "900" telephone
number required by this section and who provides an address. The
pamphlet shall provide basic information concerning appropriate steps
parents, guardians, and other responsible adults can take to ensure
a child is safe from a suspected child molester, including, but not
limited to, how to identify suspicious activity by an adult, common
facts and myths about child molesters, and how to obtain additional
help and information. A notice to callers to the "900" telephone
number that they will receive the pamphlet, if an address is
provided, shall be included in the preamble required by this section.
(m) On or before July 1, 2001, and every year thereafter, the
Department of Justice shall make a report to the Legislature
concerning the operation of this section.
(n) This section shall remain operative only until
January 1, 2004 July 1, 2005 , and as of
that date January 1, 2006, is repealed,
unless a later enacted statute , which becomes effective on
or before that date that is enacted before January 1,
2006 , deletes or extends that date the
dates on which it becomes inoperative and is repealed .
SEC. 3. Section 290.4 is added to the Penal Code, to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
Section 207 or 209 committed with the intent to violate Section 261,
286, 288, 288a, or 289; Section 220, except assault to commit mayhem;
Section 243.4, provided that the offense is a felony; paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261; Section
264.1; Section 266, provided that the offense is a felony; Section
266c, provided that the offense is a felony; Section 266j; Section
267; Section 269; paragraph (1) of subdivision (b) of Section 286,
provided that the offense is a felony; paragraph (2) of subdivision
(b), subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the attempted commission of any of
these offenses; or the statutory predecessor of any of these offenses
or any offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
this section. This requirement shall not be applied to a person
whose duty to register has been terminated pursuant to paragraph (5)
of subdivision (d) of Section 290, or to a person who has been
relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by county, community of
residence, and ZIP Code. The information shall include the names and
known aliases of the person, photograph, a physical description,
gender, race, date of birth, the criminal history, the addresses and
locations, including ZIP Code, at which the person resides or is
located, the name of the person's employer, the address at which the
person is employed, a description and license plate numbers of the
offender's vehicles or vehicles the offender is known to drive, the
offender's enrollment, employment, volunteer or vocational status
with any university, college, community college, or other institution
of higher learning, the date of last registration or reregistration,
and any other information that the Department of Justice deems
relevant, not including information that would identify the victim.
(3) (A) Commencing July 1, 2005, the department shall provide an
Internet Web site covering all persons about whom the department is
required by paragraph (1) to compile information. The Web site shall
contain, upon the funding and implementation of a new sex offender
registration database to be developed by the Department of Justice,
the information described in paragraph (2), excluding vehicle
information, information concerning a listed person's connections to
institutions of higher learning, the name or address of a listed
person's employer, or the listed person's street address and criminal
history, except that the specific crimes for which the person was
required to register, the dates of commission of crimes for which the
person was required to register, the date of the person's last
registration or reregistration, and whether the person is in
violation of the requirements subparagraph (C), (D), or (E) of
paragraph (1) of subdivision (a) of Section 290 shall be disclosed.
The department shall update the Web site on an ongoing basis. A
person visiting the Web site shall be required to enter his or her
name and indicate that he or she is not a registered sex offender,
that he or she understands the purpose of the release of information
is to allow members of the public to protect themselves and their
children from sex offenders, and he or she understands it is unlawful
to use information obtained from the Web site to commit a crime
against any registrant or to engage in illegal discrimination against
or harassment of any registrant. The visitor's name and electronic
acknowledgement of the conditions for viewing the Web site shall be
maintained by the department for two years. The Web site shall be
translated into languages other than English as determined by the
department.
(B) The records of persons visiting the Web site are confidential,
except that the names and other identifying information pertaining
to visitors accessing the Web site may be disclosed to law
enforcement agencies for law enforcement purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
Web site.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000). Any person who is required to register
pursuant to Section 290 shall not enter the Web site, and a violation
of this prohibition is a misdemeanor.
(c) Notwithstanding Section 6254.5 of the Government Code,
disclosure of information pursuant to this section is not a waiver of
exemptions under Chapter 3.5 (commencing with Section 6250) of Title
1 of Division 7 of the Government Code and does not affect other
statutory restrictions on disclosure in other situations.
(d) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes of relating to any of the following is
prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) shall make the user liable for the actual
damages, and any amount that may be determined by a jury or a court
sitting without a jury, not exceeding three times the amount of
actual damage, and not less than two hundred fifty dollars ($250),
and attorney's fees, exemplary damages, or a civil penalty not
exceeding twenty-five thousand dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the information on the Web site in violation of paragraph (2), the
Attorney General, any district attorney, or city attorney, or any
person aggrieved by the misuse of that information is authorized to
bring a civil action in the appropriate court requesting preventive
relief, including an application for a permanent or temporary
injunction, restraining order, or other order against the person or
group of persons responsible for the pattern or practice of misuse.
The foregoing remedies shall be independent of any other remedies or
procedures that may be available to an aggrieved party under other
provisions of law, including Part 2 (commencing with Section 43) of
Division 1 of the Civil Code.
(e) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(f) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(g) The Department of Justice shall submit to the Legislature an
annual report on the operation of the Web site beginning on July 1,
2006. The annual report shall include all of the following:
(1) Number of hits received.
(2) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(3) A summary of the success of the Web site based upon selected
factors.
(4) Information provided to the Department of Justice from local
law enforcement agencies concerning allegations against, and
investigations and prosecutions of, persons for misuse of the
information contained on the Web site, pursuant to subdivision (d),
including the outcomes of those allegations, investigations, and
prosecutions.
(h) Any law enforcement agency and employees of any law
enforcement agency shall be immune from liability for good faith
conduct under this section. For the purposes of this section, "law
enforcement agency" means the Attorney General of California, every
district attorney, the Department of Corrections, the Department of
the Youth Authority, and every state or local agency expressly
authorized by statute to investigate or prosecute law violators.
(i) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to Section 290 arose, and to every offense
described in these sections, regardless of when it was committed.
(j) This section shall become operative on July 1, 2005.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because in that regard 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.
However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
_____________________________________ All matter omitted in
this version of the bill appears in the bill as introduced in the
Assembly, February 14, 2003 (JR 11)
____________________________________