BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1900|
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THIRD READING
Bill No: AB 1900
Author: Lieu (D), et al
Amended: 8/24/06 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/20/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/9/06
AYES: Murray, Aanestad, Alarcon, Alquist, Ashburn, Battin,
Dutton, Escutia, Florez, Ortiz, Poochigian, Romero,
Torlakson
ASSEMBLY FLOOR : 70-0, 4/17/06 - See last page for vote
SUBJECT : Registered sex offenders
SOURCE : Office of the Attorney General
DIGEST : This bill expands and clarifies the current
proscription against registered sex offenders working with
children to include employers or independent contractors,
except as narrowly provided.
Senate Floor Amendments of 8/24/06 remove a section of the
bill. The amendments remove the bill's changes to Section
290, and make additional conforming amendments. (This
bill's changes to Section 290 have been incorporated in SB
1128 (Alquist).)
CONTINUED
AB 1900
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Senate Floor Amendments of 8/16/06 ensure that annual
re-registration requirements continue to apply during the
period following a person's immediate release from jail.
These amendments also contain chaptering language relating
to AB 2263 (Spitzer).
ANALYSIS : Existing law requires that persons convicted
of certain sex-related offenses register with designated
local officials in the county of their residence upon
release from custody.
Existing law prohibits a person who is required to register
as a sex offender for a crime where the victim was a minor
under 16 years of age from being an employee or volunteer
with any person, group, or organization where the person
would be working directly and in an unaccompanied setting
with minor children on more than an incidental and
occasional basis or have supervision or disciplinary power
over minor children.
This bill adds employers and independent contractors to
this prohibition and makes other minor changes, as
specified.
This bill is double-jointed for chaptering purposes
relative to changes to Section 290.95 of the Penal Code
proposed by AB 2263 contingent on the prior enactment of
that bill.
Background
Registered Sex Offenders in California . The Department of
Justice has provided the following current numbers for
registered sex offenders in California:
Total number of sex offender registrants in the
community: 66,052
Total in violation: 17,696
Total transients: 2,153
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
AB 1900
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2006-07 2007-08
2008-09 Fund
Incarceration Likely less than $150
General
Failure to register as a sex offender is a crime punishable
as a misdemeanor or a felony, depending on the crime for
which the person failed to register. There are an
estimated 80,000 registered felony sex offenders, and in
2004-05, 549 were returned to state prison for violations
of registration requirements, or roughly 0.68 percent.
While it is unknown how many felony sex offenders required
to register by this bill will subsequently violate
registration requirements and be sent to state prison each
year, it is unlikely costs for their potential
incarceration will exceed $150,000 annually.
SUPPORT : (Verified 8/16/06) (Unable to reverify)
Office of the Attorney General (source)
California District Attorneys Association
California Peace Officers' Association
California Police Chiefs' Association
Crime Victims United of California
Los Angeles County Sheriff's Department
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : The author states: "I am pleased
to author this bill, which I am carrying on behalf of the
Attorney General's Office. This bill makes four
common-sense changes to the law relating to persons who are
required to register as sex offenders."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
AB 1900
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DeVore, Dymally, Emmerson, Evans, Garcia, Harman, Haynes,
Shirley Horton, Houston, Huff, Jones, Karnette, Keene,
Klehs, Koretz, La Malfa, La Suer, Laird, Leno, Leslie,
Levine, Lieber, Lieu, Liu, Matthews, Maze, McCarthy,
Montanez, Mountjoy, Mullin, Nakanishi, Negrete McLeod,
Niello, Oropeza, Parra, Pavley, Plescia, Ridley-Thomas,
Sharon Runner, Ruskin, Saldana, Spitzer, Strickland,
Torrico, Tran, Umberg, Vargas, Villines, Walters, Wyland,
Yee
NO VOTE RECORDED: Frommer, Goldberg, Hancock, Jerome
Horton, Nation, Nava, Richman, Salinas, Wolk, Nunez
RJG:mel 8/26/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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