BILL NUMBER: SB 1163	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        FEBRUARY 6, 2008

   An act to add Section 290.0155 to the Penal Code, and to add
Article 8.7 (commencing with Section 5165) to Chapter 1 of Division 1
of the Vehicle Code, relating to sex offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1163, as introduced, Maldonado. Sex offenders: vehicle license
plates.
   Existing law requires persons convicted of specified sex offenses
to register with local law enforcement authorities, as specified. A
willful violation of these registration requirements is punishable as
a misdemeanor or as a felony, as specified. Existing law requires
that persons who are subject to registration be informed of their
duty to register upon release from incarceration or confinement in a
hospital, as specified, and requires the official responsible for
place of confinement or hospital to obtain and report to the
Department of Justice the person's expected address upon release.
   This bill would require that, for crimes committed on or after
January 1, 2009, the sentencing court shall order that any person
required to register pursuant to Section 290 not operate a motor
vehicle unless it is displaying a license plate or a sticker, as
specified, that indicates that the driver is a registered sex
offender. Failure to comply with this provision would be a
misdemeanor. This bill would provide that any person who knowingly
disguises or alters a license or sticker plate that indicates that
the driver is a registered sex offender to make it appear that the
license or sticker does not indicate that the driver is a registered
sex offender would be guilty of a misdemeanor. This bill would
provide that any person who harasses, annoys, or otherwise threatens
a person required to operate a motor vehicle displaying a license or
sticker plate that indicates that the driver is a registered sex
offender is punishable by imprisonment in the state prison, or by up
to one year in the county jail. This bill would provide various
exemptions, as specified, from the requirement to display a license
plate that indicates that the driver is a registered sex offender.
   Because this bill would create new crimes, it would impose a
state-mandated local program.
   Existing law requires the Department of Motor Vehicles to issue
certain special interest license plates, including specific special
environmental design license plates, in accordance with a specified
procedure.
   This bill would require the Department of Motor Vehicles to design
and issue distinctive license plates and stickers for motor vehicles
operated by sex offenders, as specified.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 290.0155 is added to the Penal Code, to read:
   290.0155.  (a) For crimes committed on or after January 1, 2009,
the sentencing court shall order that any person required to register
pursuant to this act not operate a motor vehicle unless it is
displaying a license plate that indicates that the driver is a
registered sex offender.
   (b) Every person who is required to register pursuant to this act
who operates a motor vehicle that is not displaying a license plate,
or a sticker as specified in paragraph (2) of subdivision (f),
indicating that he or she is a registered sex offender is guilty of a
misdemeanor.
   (c) Any person who knowingly disguises or alters a license plate
or sticker that indicates that the driver is a registered sex
offender to make it appear that the license or sticker does not
indicate that the driver is a registered sex offender is guilty of a
misdemeanor.
   (d) Any person who harasses, annoys, or otherwise threatens a
person required to operate a motor vehicle displaying a license plate
or sticker that indicates that the driver is a registered sex
offender is punishable by imprisonment in the state prison, or by up
to one year in the county jail.
   (e) (1) If a person has been convicted of the commission or the
attempted commission of any of the offenses listed in paragraph (2)
of subdivision (e) of Section 290.46, and he or she has been
convicted of no other offense listed in subdivision (b), (c), or (d)
of Section 290.46, other than those listed in that paragraph, that
person may file an application with the court for exclusion from the
requirements of subdivision (a). If the court determines that the
person meets the requirements of this subdivision, the court shall
grant the exclusion. He or she bears the burden of proving the facts
that make him or her eligible for exclusion. However, a person who
has filed for or been granted an exclusion is not relieved of his or
her duty to register as a sex offender pursuant to Section 290 or any
otherwise applicable provision of law.
   (2) Effective January 1, 2012, no person shall be excluded
pursuant to this subdivision unless the offender has submitted to the
court documentation sufficient for the court to determine that he or
she has a SARATSO risk level of low or moderate-low.
   (f) Subdivision (a) shall not apply to the operation of a vehicle
that is one of the following:
   (1) A motor vehicle owned by an employer of the person required to
register pursuant to this act.
   (2) A motor vehicle is registered in another state, except that,
if the court finds that no other exclusions apply, a decal provided
by the Department of Motor Vehicles pursuant to Section 5166 of the
Vehicle Code shall be prominently displayed on the rear license plate
of the motor vehicle.
   (3) A recently purchased vehicle until the delivery of a permanent
license plate.
  SEC. 2.  Article 8.7 (commencing with Section 5165) is added to
Chapter 1 of Division 1 of the Vehicle Code, to read:

      Article 8.7.  Registered Sex Offender License Plates and
Stickers


   5165.  Any person who has been convicted of a crime that requires
the person to register pursuant to the Sex Offender Registration Act
and who is not exempted under subdivision (e) of Section 290.0155 of
the Penal Code shall upon application to register a motor vehicle, be
provided a specialized license plate or sticker under this article
in lieu of regular license plates.
   5166.  The Department of Motor Vehicles shall take all steps
required to design and issue distinctive license plates and stickers
to convey to the viewer that the operator of the vehicle bearing
registered sex offender license plates or stickers has been convicted
of a crime requiring him or her to register as a sex offender.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII  B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII  B of the California
Constitution.