BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 668|
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                                 THIRD READING


          Bill No:  SB 668
          Author:   Hollingsworth (R)
          Amended:  5/5/09
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/28/09
          AYES:  Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,  
            Wright


           SUBJECT  :    Sex offenders

           SOURCE  :     San Diego County District Attorneys Office


           DIGEST  :    This bill adds clarifying language to Section  
          290.018 of the Penal Code dealing with the prosecution of  
          registered sex offenders under any applicable provision of  
          law.

           ANALYSIS  :    Existing law, the Sex Offender Registration  
          Act, requires persons convicted of specified sex offenses  
          to register with local authorities for life while residing,  
          located, attending school, or working in California, and  
          requires preregistration and reregistration, as specified.   
          Existing law also provides that the failure to provide  
          information required on registration and reregistration  
          forms of the Department of Justice, or the provision of  
          false information, is punishable by imprisonment in a  
          county jail not to exceed one year.

          This bill provides that nothing in the latter provision  
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          shall be construed to limit or prevent prosecution under  
          any applicable provision of law.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  5/12/09)

          San Diego County District Attorney's Office (source) 
          Association for Los Angeles Deputy Sheriffs
          California District Attorneys Association
          City of Hemet
          City of Menifee
          City of Wildomar
          Los Angeles County District Attorney's Office
          Murrieta Police Department
          Riverside County District Attorney's Office
          Riverside Sheriffs' Association


           ARGUMENTS IN SUPPORT  :    According to the author's office, 

               California requires those convicted of specified sex  
               offenses to register with local law enforcement for  
               life.  The purpose of sex offender registration is to  
               assure that these offenders are available for police  
               surveillance at all times because the Legislature has  
               deemed them likely to commit similar offenses in the  
               future.  Registered sex offenders are required to  
               update their information annually, within five working  
               days of their birthday.  Some sex offenders must  
               update more often: transients must update every 30  
               days, and sexually violent predators, every 90 days.   
               Currently, if a registrant provides false information  
               on his registration form, the registrant is subject to  
               a misdemeanor under Penal Code Section 290.018 (j),  
               regardless of whether his underlying registration  
               crime is a misdemeanor or felony.

               In October 2006, a former Sexually Violent Predator  
               (SVP) named Matt Lyon Williams was released  
               unconditionally in Lakeside, an unincorporated  
               community in East San Diego County.  He registered as  
               a transient and stated he had no automobile.  His case  







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               revealed serious weaknesses in the sex offender laws  
               related to providing truthful information when  
               registering.  Authorities re-arrested Williams after  
               discovering he had a vehicle and a home residence.   
               The state must send a clear message to registrants  
               that California takes its registration requirements  
               very seriously.  It is our aim to make offenders think  
               twice before providing false information when  
               completing their registration forms.


          RJG:nl  5/12/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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