BILL NUMBER: AB 653	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 16, 2011

   An act to amend Sections 290.012, 290.014, 290.015, 1202.8, and
3000.07 of, and to add Section 290.10 to, the Penal Code, relating to
sex offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 653, as introduced, Galgiani. Sex offenders: registration of
Internet accounts and identifiers.
   (1) Existing law, the Sex Offender Registration Act, requires
persons who have been convicted of specified sex offenses to register
with local law enforcement. Existing law requires that the
registration include the person's address, fingerprints, current
photograph, and license plate number. Existing law requires the
registrant to update his or her registration annually, upon moving,
or upon changing his or her name. Under existing law, failure to
register is a crime.
   This bill would require a person required to register under the
act to register his or her Internet accounts and Internet
identifiers, defined to include e-mail addresses and designations
used for the purposes of chatting, instant messaging, social
networking, or other similar Internet communication. The bill would
also require the person to update this information within 5 days of
establishing an Internet account or creating or using an Internet
identifier not previously disclosed, and would require that
information to be forwarded by local law enforcement agencies to the
Department of Justice. By expanding the scope of a crime and by
increasing the duties of local agencies, the bill would impose a
state-mandated local program.
   This bill would also require the Department of Justice to release
information regarding the relevant Internet accounts and identifiers
to entities that provide social networking services on the Internet
in order to allow the entities to prescreen or remove from their
services persons required to register pursuant to the act.
   (2) Existing law provides for the granting of probation or parole
to specified offenders under specified circumstances.
   This bill would require, as conditions of probation or parole,
that a person required to register as a sex offender, who has either
been determined to have a high risk of offending pursuant to the
State Authorized Risk Assessment Tool for Sex Offenders, or whose
victim was under 18 years of age at the time of the offense, be
prohibited from using the Internet to access pornographic material,
to access social networking sites, to communicate with other
individuals or groups for the purpose of promoting sexual relations
with persons under 18 years of age, or to communicate with persons
under 18 years of age, except as provided.
   (3)  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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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 290.012 of the Penal Code is amended to read:
   290.012.  (a) Beginning on his or her first birthday following
registration or change of address, the person shall be required to
register annually, within five working days of his or her birthday,
to update his or her registration with the entities described in
subdivision (b) of Section 290. At the annual update, the person
shall provide current information as required on the Department of
Justice annual update form, including the information described in
paragraphs (1) to  (3)   (5)  , inclusive
of subdivision (a) of Section 290.015. The registering agency shall
give the registrant a copy of the registration requirements from the
Department of Justice form.
   (b) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice. Every person who, as
a sexually violent predator, is required to verify his or her
registration every 90 days, shall be notified wherever he or she next
registers of his or her increased registration obligations. This
notice shall be provided in writing by the registering agency or
agencies. Failure to receive this notice shall be a defense to the
penalties prescribed in subdivision (f) of Section 290.018.
   (c) In addition, every person subject to the  Act
 act  , while living as a transient in California shall
update his or her registration at least every 30 days, in accordance
with Section 290.011.
   (d) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice Violent Crime Information Network (VCIN).
  SEC. 2.  Section 290.014 of the Penal Code is amended to read:
   290.014.   If any   (a)    
Any person who is required to register pursuant to the 
Act   changes his or her name, the person 
 act  shall inform, in person, the law enforcement agency
or agencies with which he or she is currently registered within five
working  days. The law enforcement agency or agencies shall
forward a copy of this information to the Department of Justice
within three working days of its receipt.   days if any
of the following occur:  
   (1) The person changes his or her name.  
   (2) The person establishes an Internet account with an Internet
service provider as described in paragraph (4) of subdivision (a) of
Section 290.015.  
   (3) The person creates or uses an Internet identifier not
previously disclosed pursuant to paragraph (5) of subdivision (a) of
Section 290.015.  
   (b) The law enforcement agency or agencies shall forward a copy of
this information to the Department of Justice within three working
days of its receipt. 
  SEC. 3.  Section 290.015 of the Penal Code is amended to read:
   290.015.  (a) A person who is subject to the  Act
  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   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 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.
   (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) Any Internet accounts with Internet service providers
belonging to the person. For the purposes of this section, "Internet
service provider" means an entity, to the extent that the entity is
transmitting, routing, or providing connections for Internet
communications initiated by or at the direction of another person,
between or among points specified by a user, of material placed
online by a user, storing or hosting that material at the direction
of a user, or referring or linking users to that material.  

   (5) Any Internet identifiers that the person uses. For purposes of
this section, "Internet identifiers" means e-mail addresses and
designations used for the purposes of chatting, instant messaging,
social networking, or other similar Internet communication. 

    (4) 
    (6)  Notice to the person that, in addition to the
requirements of the  Act   act  , he or she
may have a duty to register in any other state where he or she may
relocate. 
    (5) 
    (7)  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  any Internet accounts, Internet identifiers, and
 vehicle license plate  number, if any,  
numbers  to the Department of Justice.
  SEC. 4.  Section 290.10 is added to the Penal Code, to read:
   290.10.  (a) The Department of Justice shall, upon the request of
an entity providing or offering a service on the Internet that
permits persons under 18 years of age to access, meet, congregate, or
communicate with other users for the purpose of social networking,
release to the entity information required to be disclosed pursuant
to paragraphs (4) and (5) of subdivision (a) of Section 290.015 to
the extent necessary to enable the entity to prescreen or remove from
its services persons required to register pursuant to Section 290.
   (b) The department may require the requesting entity to submit to
the department the name, address, and telephone number of the entity
and the specific legal nature and corporate status of the entity. Use
or disclosure of the information provided pursuant to this section
is prohibited for any purpose except as authorized by this section.
The department may establish a fee for requests, including all actual
and reasonable costs associated with the service.
  SEC. 5.  Section 1202.8 of the Penal Code is amended to read:
   1202.8.  (a) Persons placed on probation by a court shall be under
the supervision of the county probation officer who shall determine
both the level and type of supervision consistent with the
court-ordered conditions of probation.
   (b) Commencing January 1, 2009, every person who has been assessed
with the State Authorized Risk Assessment Tool for Sex Offenders
(SARATSO) pursuant to Sections 290.04 to 290.06, inclusive, and who
has a SARATSO risk level of high shall be continuously electronically
monitored while on probation, unless the court determines that such
monitoring is unnecessary for a particular person. The monitoring
device used for these purposes shall be identified as one that
employs the latest available proven effective monitoring technology.
Nothing in this section prohibits probation authorities from using
electronic monitoring technology pursuant to any other provision of
law. 
   (c) (1) Commencing January 1, 2012, when imposing a sentence of
probation or conditional sentence upon a person who has been
convicted of an offense that requires him or her to register as a sex
offender pursuant to Section 290, and either the victim of the
offense was under 18 years of age at the time of the offense, or the
person has been deemed to pose a high risk to the public of
committing sex crimes, as determined by the SARATSO pursuant to
Sections 290.04 to 290.06, inclusive, the court shall require as a
condition of probation that the person be prohibited from using the
Internet to do any of the following:  
   (A) To access pornographic material. 
   (B) To access a social networking Internet Web site.  
   (C) To communicate with other individuals or groups for the
purpose of promoting sexual relations with minors.  
   (D) To communicate with a minor when the person convicted of the
sex offense is an adult, provided the court may, in its discretion,
permit the convicted person to use the Internet to communicate with a
minor if the convicted person is the parent of the minor and is not
otherwise prohibited from communicating with the minor.  
   (2) As used in this subdivision, "social networking Internet Web
site" means an Internet Web site providing or offering a service on
the Internet that permits minors to access, meet, congregate, or
communicate with other users for the purpose of social networking.
 
   (3) For purposes of this section, a "minor" is a person under 18
years of age and an "adult" is a person 18 years of age or over.
 
    (c) 
    (d)  Within 30 days of a court making an order to
provide restitution to a victim or to the Restitution Fund, the
probation officer shall establish an account into which any
restitution payments that are not deposited into the Restitution Fund
shall be deposited. 
    (d) 
    (e)  Beginning January 1, 2009, and every two years
thereafter, each probation department shall report to the Corrections
 Standards   Standard  Authority all
relevant statistics and relevant information  regarding
  on  the effectiveness of continuous electronic
monitoring of offenders pursuant to subdivision (b). The report shall
include the costs of monitoring and the recidivism rates of those
persons who have been monitored. The Corrections  Standards
 Standard  Authority shall compile the reports and
submit a single report to the Legislature and the Governor every two
years through 2017.
  SEC. 6.  Section 3000.07 of the Penal Code is amended to read:
   3000.07.  (a) Every inmate who has been convicted for any felony
violation of a "registerable sex offense" described in subdivision
(c) of Section 290 or any attempt to commit any of the
above-mentioned offenses and who is committed to prison and released
on parole pursuant to Section 3000 or 3000.1 shall be monitored by a
global positioning system for the term of his or her parole, or for
the duration or any remaining part thereof, whichever period of time
is less.
   (b) Any inmate released on parole pursuant to this section shall
be required to pay for the costs associated with the monitoring by a
global positioning system. However, the Department of Corrections and
Rehabilitation shall waive any or all of that payment upon a finding
of an inability to pay. The department shall consider any remaining
amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the
payment of those items before requiring that the inmate pay for the
global positioning monitoring. No inmate shall be denied parole on
the basis of his or her inability to pay for those monitoring costs.

   (c) (1) If an inmate released on parole pursuant to this section
has been deemed to pose a high risk to the public of committing sex
crimes, as determined by the State Authorized Risk Assessment Tool
for Sex Offenders (SARATSO) pursuant to Sections 290.04 to 290.06,
inclusive, or if the victim of the inmate's offense was under 18
years of age at the time of the offense, the parole authority shall
impose a condition of parole that prohibits the person from using the
Internet to do any of the following:  
   (A) To access pornographic material.  
   (B) To access a social networking Internet Web site.  
   (C) To communicate with other individuals or groups for the
purpose of promoting sexual relations with minors.  
   (D) To communicate with a minor when the parolee is an adult,
provided the parole authority may, in its discretion, permit the
convicted person to use the Internet to communicate with a minor if
the parolee is the parent of the minor and is not otherwise
prohibited from communicating with the minor.  
   (2) As used in this subdivision, "social networking Internet Web
site" means an Internet Web site providing or offering a service on
the Internet that permits minors to access, meet, congregate, or
communicate with other users for the purpose of social networking.
 
   (3) For purposes of this section, a "minor" is a person under 18
years of age and an "adult" is a person 18 years of age or over.

  SEC. 7.   No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.