BILL NUMBER: AB 543	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 16, 2011

   An act to amend Section 290.015 of, and to add Section 290.96 to,
the Penal Code, relating to sex offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 543, as amended, Torres. Sex offenders: social networking
prohibition.
   (1) Existing law requires persons who have been convicted of
specified crimes, and other persons as required by a court, to
register as a sex offender. Existing law sets forth the procedure for
doing so and provides that a violation of the sex offender
registration law is a crime, punishable as specified.
   This bill would, in addition, make it a misdemeanor for any person
who is granted probation or placed on parole for the conviction of a
crime that requires him or her to register as a sex offender to use
any Internet social networking Web site, as defined, during that
period of probation or parole if the victim of the offense was under
18 years of age at the time of the offense  or  
and  the Internet was used in the commission of the crime. The
bill would authorize the person to seek an exception to the
prohibition for legitimate professional purposes by applying through
the appropriate parole or probation supervising agency. Approval
would be valid for one year, unless revoked. The bill would authorize
an annual application for renewal. By creating a new crime, this
bill would impose a state-mandated local program.
   (2) 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 290.015 of the Penal Code is amended to read:
   290.015.  (a) A person who is subject to the act shall register,
or reregister if the person has previously registered, upon release
from incarceration, placement, commitment, or release on probation
pursuant to subdivision (b) of Section 290. This section shall not
apply to a person who is incarcerated for less than 30 days if he or
she has registered as required by the act, he or she returns after
incarceration to the last registered address, and the annual update
of registration that is required to occur within five working days of
his or her birthday, pursuant to subdivision (a) of Section 290.012,
did not fall within that incarceration period. The registration
shall consist of all of the following:
   (1) (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 statement shall include a notice, if applicable, that the
person is prohibited from using any Internet social networking Web
site pursuant to Section 290.96.
   (2) The fingerprints and a current photograph of the person taken
by the registering official.
   (3) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
   (4) Notice to the person that, in addition to the requirements of
the act, he or she may have a duty to register in any other state
where he or she may relocate.
   (5) 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.
   (b) Within three days thereafter, 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.
  SEC. 2.  Section 290.96 is added to the Penal Code, to read:
   290.96.  (a) Except as provided in subdivision (c), in any case in
which a defendant is granted probation or placed on parole for the
conviction of an offense that requires him or her to register as a
sex offender pursuant to Section 290, and  either 
(1) the victim of the offense was under 18 years of age at the time
of the offense,  or   and  (2) the Internet
was used in the commission of the crime, that defendant shall be
prohibited from accessing an Internet social networking Web site
during the period of time he or she is on probation or parole.
   (b) Any person who violates this section is guilty of a
misdemeanor punishable by imprisonment in a county jail  for
 not exceeding six months, by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
   (c) Any person who is prohibited from accessing an Internet social
networking Web site pursuant to subdivision (a) and who seeks an
exception to the prohibition to use an Internet social networking Web
site for legitimate professional purposes may apply for an exception
to the prohibition through the appropriate parole or probation
supervising agency when that person is on parole or probation.
Approval shall be valid for one year unless revoked by the
supervising agency with notice to the person required to register.
The person may apply to renew the exception annually.
   (d) For the purposes of this section, "Internet social networking
Web site" is defined as an Internet Web site that does all of the
following:
   (1) Allows users, through the creation of Internet Web pages or
profiles or by other means, to provide information about themselves
that is available to the public or to other users.
   (2) Offers a mechanism for communication with other users where
those users are likely to include a substantial number of minors.
   (3) Has as its primary purpose the facilitation of online social
interactions.
  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.