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.