BILL NUMBER: AB 2395	CHAPTERED  09/24/04

	CHAPTER  761
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE ASSEMBLY  AUGUST 24, 2004
	PASSED THE SENATE  AUGUST 18, 2004
	AMENDED IN SENATE  AUGUST 16, 2004
	AMENDED IN ASSEMBLY  APRIL 1, 2004

INTRODUCED BY   Assembly Member Correa

                        FEBRUARY 19, 2004

   An act to amend Section 290 of the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2395, Correa.  Sex offenders.
   Existing law requires persons convicted of certain sex offenses in
California to register as a sex offender, as specified. Existing law
also requires persons convicted of certain sex offenses in other
jurisdictions to register as a sex offender, as specified. Violations
of certain of the registration requirements are crimes, as
specified.
   This bill would, subject to exceptions, require persons to
register as a sex offender if the person has suffered a conviction in
another state for a sex offense that would require the person to
register as a sex offender in that state.
   By expanding the provisions of law, the violation of which
constitutes a crime, this bill would impose a state-mandated local
program.
   By imposing additional burdens on local government by requiring
more persons to register as sex offenders, this bill would impose a
state-mandated local program.
   This bill would incorporate additional changes to Section 290 of
the Penal Code proposed by AB 2527 and SB 1289, contingent upon the
prior enactment of those bills.
  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.


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


  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,
Section 311.1, 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) (i) 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).
   (ii) 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.
   (iii) Except as provided in clause (iv), any person who would be
required to register while residing in the state of conviction for a
sex offense committed in that state.
   (iv) Clause (iii) shall not apply to a person required to register
in the state of conviction if the conviction was for the equivalent
of one of the following offenses, and the person is not subject to
clause (i):
   (I) Indecent exposure, pursuant to Section 314.
   (II) Unlawful sexual intercourse,  pursuant to Section 261.5.
   (III) Incest, pursuant to Section 285.
   (IV) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in subparagraph (F)
of paragraph (2) of subdivision (a), and the department is able, upon
the exercise of reasonable diligence, to verify that fact.
   (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.
   (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 all 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 working 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 working 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 Sections 290.4 and 290.45, the
statements, photographs, and fingerprints 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 5 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) The registration 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. 1.1.  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, 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 the sheriff of
the county if he or she is residing 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 upon
the campus or in any of its facilities, within five working days of
coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily
resides.
   (B) If the person who is registering has more than one residence
address at which he or she regularly resides, he or she shall
register in accordance with subparagraph (A) in each of the
jurisdictions in which he or she regularly resides.  If all of the
addresses or locations are within the same jurisdiction, the person
shall provide the registering authority with all of the addresses
where he or she regularly resides .
   (C)  Every person described in paragraph (2), for the rest of his
or her life while living as a transient in California shall be
required to register, as follows:
   (i) A transient must register, or reregister if the person has
previously registered, within five working days from release from
incarceration, placement or commitment, or release on probation,
pursuant to paragraph (1) of subdivision (a), except that if the
person previously registered at a transient less than 30 days from
the date of his or her release from incarceration, he or she does not
need to reregister as a transient until his or her next required
30-day update of registration.  If a transient is not physically
present in any one jurisdiction for five consecutive working days, he
or she must register in the jurisdiction in which he or she is
physically present on the fifth working day following release,
pursuant to paragraph (1) of subdivision (a).  Beginning on or before
the 30th day following initial registration upon release, a
transient must reregister no less than once every 30 days thereafter.
  A transient shall register with the chief of police of the city in
which he or she is physically present within that 30-day period, or
the sheriff of the county if he or she is physically present 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 physically present upon the campus or in any of its
facilities.  A transient must reregister no less than once every 30
days regardless of the length of time he or she has been physically
present in the particular jurisdiction in which he or she
reregisters.  If a transient fails to reregister within any 30-day
period, he or she may be prosecuted in any jurisdiction in which he
or she is physically present.
   (ii) A transient who moves to a residence shall have five working
days within which to register at that address, in accordance with
subparagraph (A) of paragraph (1) of subdivision (a).  A person
registered at a residence address in accordance with subparagraph (A)
of paragraph (1) of subdivision (a), who becomes transient shall
have five working days within which to reregister as a transient in
accordance with clause (i).
   (iii) Beginning on his or her first birthday following
registration, a transient shall register annually, within five
working days of his or her birthday, to update his or her
registration with the entities described in clause (i).  A transient
shall register in whichever jurisdiction he or she is physically
present on that date.  At the 30-day updates and the annual update, a
transient 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), and the information specified in clause (iv).
   (iv) A transient shall, upon registration and reregistration,
provide current information as required on the Department of Justice
registration forms, and shall also list the places where he or she
sleeps, eats, works, frequents, and engages in leisure activities.
If a transient changes or adds to the places listed on the form
during the 30-day period, he or she does not need to report the new
place or places until the next required reregistration.
   (v) Failure to comply with the requirement of reregistering every
30 days following initial registration pursuant to clause (i) of this
subparagraph shall be punished in accordance with paragraph (6) of
subdivision (g).  Failure to comply with any other requirement of
this section, shall be punished in accordance with either paragraph
(1) or (2) of subdivision (g).
   (vi) A transient who moves out of state shall inform, in person or
in writing, the chief of police in the city in which he or she is
physically present, or the sheriff of the county, if he or she
physically present in an unincorporated area or city that has no
police department, within five working days of his or her move out of
state.  The transient shall inform that registering agency of his or
her planned destination, residence or transient location out of
state, and any plans he or she has to return to California, if known.
  The law enforcement agency shall, within three days after receipt
of this information, forward a copy of the change of location
information to the Department of Justice.  The department shall
forward appropriate registration data to the law enforcement agency
having local jurisdiction of the new place of residence or location.

   (vii) For purposes of this section, "transient" means a person who
has no residence.  "Residence" means a place where a person is
living or temporarily staying for more than five days, such as a
shelter or structure that can be located by a street address,
including, but not limited to, houses, apartment buildings, motels,
hotels, homeless shelters, and recreational and other vehicles.
   (viii) The transient registrant's duty to update his or her
registration no less than every 30 days shall begin with his or her
second transient update following the date this subdivision became
effective.
   (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, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.5,
or 289, Section 311.1, 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) (i) 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).
   (ii) 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.
   (iii) Except as provided in clause (iv), any person who would be
required to register while residing in the state of conviction for a
sex offense committed in that state.
   (iv) Clause (iii) shall not apply to a person required to register
in the state of conviction if the conviction was for the equivalent
of one of the following offenses, and the person is not subject to
clause (i):
   (I) Indecent exposure, pursuant to Section 314.
   (II) Unlawful sexual intercourse, pursuant to Section 261.5.
   (III) Incest, pursuant to Section 285.
   (IV) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in subparagraph (F)
of paragraph (2) of subdivision (a), and the department is able, upon
the exercise of reasonable diligence, to verify that fact.
   (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.
   (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 all 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  date 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 and who has a residence address changes his or her residence
address, 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 transient location and any plans he
or she has to return to California, if known.  The law enforcement
agency or agencies shall, within three working days after receipt of
this information, forward a copy of the change of address 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 .

   (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 working 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), (7), and  (9), 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), any person who
is required to register or reregister pursuant to clause (i) of
subparagraph (C) of paragraph (1) of subdivision (a) and willfully
fails to  comply with the requirement that he or she reregister no
less than every 30 days is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail  at least 30 days, but not
exceeding six months.  A person who willfully fails to comply with
the requirement that he or she reregister no less than every 30 days
shall not be charged with this violation more often than once for a
failure to register in any period of 90 days.  Any person who
willfully commits a third or subsequent violation of the requirements
of subparagraph (C) of paragraph (1) of subdivision (a)  that he or
she reregister no less than every 30 days shall be punished in
accordance with either paragraph (1) or (2) of this subdivision.
   (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.
   (9) In addition to any other penalty imposed under this
subdivision, the failure to provide information required on
registration and reregistration forms of the Department of Justice,
or the provision of false information, is a crime punishable by
imprisonment in a county jail for a period not exceeding one year.
   (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 Sections 290.4 and 290.45, the
statements, photographs, and fingerprints 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  5 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) The registration provisions of this section are applicable to
every person described in this section, without regard to when his or
her crime or 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. 1.2.  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, regardless of the number of days or nights spent there.
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,
Section 311.1, 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) (i) 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).
   (ii) 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.
   (iii) Except as provided in clause (iv), any person who would be
required to register while residing in the state of conviction for a
sex offense committed in that state.
   (iv) Clause (iii) shall not apply to a person required to register
in the state of conviction if the conviction was for the equivalent
of one of the following offenses, and the person is not subject to
clause (i):
   (I) Indecent exposure, pursuant to Section 314.
   (II) Unlawful sexual intercourse,  pursuant to Section 261.5.
   (III) Incest, pursuant to Section 285.
   (IV) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in subparagraph (F)
of paragraph (2) of subdivision (a), and the department is able, upon
the exercise of reasonable diligence, to verify that fact.
   (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.
   (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 all 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, commitment, or release on
probation 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.  If the person does not know the new residence
address or location, the registrant shall inform the last registering
agency or agencies that he or she is moving within five working days
of the move, and shall later notify the agency or agencies of the
new address or location within five working days of moving into the
new residence address or location, whether temporary or permanent.
The law enforcement agency or agencies shall, within three working
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 working 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 as to each requirement he or she violated.
   (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 Sections 290.01, 290.4, and 290.45, the
statements, photographs, and fingerprints 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) The registration 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. 1.3.  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 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 the sheriff of
the county if he or she is residing 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 upon the campus or in any of its facilities, within five
working days of coming into, or changing his or her residence within,
any city, county, or city and county, or campus in which he or she
temporarily resides.
   (B) If the person who is registering has more than one residence
address at which he or she regularly resides, he or she shall
register in accordance with subparagraph (A) in each of the
jurisdictions in which he or she regularly resides, regardless of the
number of nights spent there.  If all of the addresses are within
the same jurisdiction, the person shall provide the registering
authority with all of the addresses where he or she regularly resides
.
   (C)  Every person described in paragraph (2), for the rest of his
or her life while living as a transient in California shall be
required to register, as follows:
   (i) A transient must register, or reregister if the person has
previously registered, within five working days from release from
incarceration, placement or commitment, or release on probation,
pursuant to paragraph (1) of subdivision (a), except that if the
person previously registered at a transient less than 30 days from
the date of his or her release from incarceration, he or she does not
need to reregister as a transient until his or her next required
30-day update of registration.  If a transient is not physically
present in any one jurisdiction for five consecutive working days, he
or she must register in the jurisdiction in which he or she is
physically present on the fifth working day following release,
pursuant to paragraph (1) of subdivision (a).  Beginning on or before
the 30th day following initial registration upon release, a
transient must reregister no less than once every 30 days thereafter.
  A transient shall register with the chief of police of the city in
which he or she is physically present within that 30-day period, or
the sheriff of the county if he or she is physically present 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 physically present upon the campus or in any of its
facilities.  A transient must reregister no less than once every 30
days regardless of the length of time he or she has been physically
present in the particular jurisdiction in which he or she
reregisters.  If a transient fails to reregister within any 30-day
period, he or she may be prosecuted in any jurisdiction in which he
or she is physically present.
   (ii) A transient who moves to a residence shall have five working
days within which to register at that address, in accordance with
subparagraph (A) of paragraph (1) of subdivision (a).  A person
registered at a residence address in accordance with subparagraph (A)
of paragraph (1) of subdivision (a), who becomes transient shall
have five working days within which to reregister as a transient in
accordance with clause (i).
   (iii) Beginning or his or her first birthday following
registration, a transient shall register annually, within five
working days of his or her birthday, to update his or her
registration with the entities described in clause (i).  A transient
shall register in whichever jurisdiction he or she is physically
present on that date.  At the 30-day updates and the annual update, a
transient 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), and the information specified in clause (iv).
   (iv) A transient shall, upon registration and reregistration,
provide current information as required on the Department of Justice
registration forms, and shall also list the places where he or she
sleeps, eats, works, frequents, and engages in leisure activities.
If a transient changes or adds to the places listed on the form
during the 30-day period, he or she does not need to report the new
place or places until the next required reregistration.
   (v) Failure to comply with the requirement of reregistering every
30 days following initial registration pursuant to clause (i) of this
subparagraph shall be punished in accordance with paragraph (6) of
subdivision (g).  Failure to comply with any other requirement of
this section shall be punished in accordance with either paragraph
(1) or (2) of subdivision (g).
   (vi) A transient who moves out of state shall inform, in person or
in writing, the chief of police in the city in which he or she is
physically present, or the sheriff of the county, if he or she
physically present in an unincorporated area or city that has no
police department, within five working days of his or her move out of
state.  The transient shall inform that registering agency of his or
her planned destination, residence or transient location out of
state, and any plans he or she has to return to California, if known.
  The law enforcement agency shall, within three days after receipt
of this information, forward a copy of the change of location
information to the Department of Justice.  The department shall
forward appropriate registration data to the law enforcement agency
having local jurisdiction of the new place of residence or location.

   (vii) For purposes of this section, "transient" means a person who
has no residence.  "Residence" means a place where a person is
living or temporarily staying for more than five days, such as a
shelter or structure that can be located by a street address,
including, but not limited to, houses, apartment buildings, motels,
hotels, homeless shelters, and recreational and other vehicles.
   (viii) The transient registrant's duty to update his or her
registration no less than every 30 days shall begin with his or her
second transient update following the date this subdivision became
effective.
   (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, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.5,
or 289, Section 311.1, 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) (i) 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).
   (ii) 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.
   (iii) Except as provided in clause (iv), any person who would be
required to register while residing in the state of conviction for a
sex offense committed in that state.
   (iv) Clause (iii) shall not apply to a person required to register
in the state of conviction if the conviction was for the equivalent
of one of the following offenses, and the person is not subject to
clause (i):
   (I) Indecent exposure, pursuant to Section 314.
   (II) Unlawful sexual intercourse,  pursuant to Section 261.5.
   (III) Incest, pursuant to Section 285.
   (IV) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in subparagraph (F)
of paragraph (2) of subdivision (a), and the department is able, upon
the exercise of reasonable diligence, to verify that fact.
   (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.
   (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 all 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, commitment, or release on
probation 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  date 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 and who has a residence address changes his or her residence
address, 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 transient location and any plans he
or she has to return to California, if known.  If the person does not
know the new residence address or location, the registrant shall
inform the last registering agency or agencies that he or she is
moving within five working days of the move, and shall later notify
the agency or agencies of the new address or location within five
working days of moving into the new residence address or location,
whether temporary or permanent.  The law enforcement agency or
agencies shall, within three working days after receipt of this
information, forward a copy of the change of address 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 .
   (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 working 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), (7), and  (9), 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), any person who
is required to register or reregister pursuant to clause of (i) of
subparagraph (C) of paragraph (1) of subdivision (a) and willfully
fails to  comply with the requirement that he or she reregister no
less than every 30 days is guilty of a misdemeanor and shall be
punished by imprisonment in a county jail  at least 30 days, but not
exceeding six months.  A person who willfully fails to comply with
the requirement that he or she reregister no less than every 30 days
shall not be charged with this violation more often than once for a
failure to register in any period of 90 days.  Any person who
willfully commits a third or subsequent violation of the requirements
of subparagraph (C) of paragraph (1) of subdivision (a)  that he or
she reregister no less than every 30 days shall be punished in
accordance with either paragraph (1) of (2) of this subdivision.
   (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 as to each requirement he or she violated.
   (9) In addition to any other penalty imposed under this
subdivision, the failure to provide information required on
registration and reregistration forms of the Department of Justice,
or the provision of false information, is a crime punishable by
imprisonment in a county jail for a period not exceeding one year.
   (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 Sections 290.01, 290.4, and 290.45, the
statements, photographs, and fingerprints 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  5 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) The registration provisions of this section are applicable to
every person described in this section, without regard to when his or
her crime or 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.  (a)  Section 1.1 of this bill incorporates amendments to
Section 290 of the Penal Code proposed by both this bill and AB 2527.
  It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2005, (2) each bill amends
Section 290 of the Penal Code, (3) SB 1289 is not enacted or as
enacted does not amend that section, and (4) this bill is enacted
after AB 2527, in which case Sections 1, 1.2, and 1.3 of this bill
shall not become operative.
   (b) Section 1.2 of this bill incorporates amendments to Section
290 of the Penal Code proposed by both this bill and SB 1289.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2005, (2) each bill amends Section
290 of the Penal Code, (3) AB 2527 is not enacted or as enacted does
not amend that section, and (4) this bill is enacted after SB 1289,
in which case Sections 1, 1.1, and 1.3 of this bill shall not become
operative.
   (c) Section 1.3 of this bill incorporates amendments to Section
290 of the Penal Code proposed by this bill, AB 2527, and SB 1289.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 2005, (2) all three bills
amend Section 290 of the Penal Code, and (3) this bill is enacted
after AB 2527, and SB 1289, in which case Sections 1, 1.1, and 1.2 of
this bill shall not become operative.
  SEC. 3.  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.