BILL NUMBER: AB 755 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 17, 2011
An act to amend Sections 290.012, 290.014, and 290.015 of, and to
add Sections 294.5, 294.7, and 9004 to, the Penal Code, relating to
sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 755, as introduced, Galgiani. Sex offenders: CAL E-STOP.
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.
Existing law provides that a person who is required to register who
willfully violates any requirement of the act is guilty of either a
misdemeanor or a felony, as specified.
This bill would additionally require that the registration include
a list of all Internet identifiers and service providers, as
defined, used by the person. The bill would require the registrant to
update this information, as specified. By increasing the scope of a
crime, this bill would create a state-mandated local program.
The bill would require, by July 1, 2012, any person or entity that
collects and makes available, in any format, the personal data of
California minors, to certify with the Department of Justice a plan
to obtain information and implement reasonable policies to restrict
or block access to that information by persons required to register
pursuant to the Sex Offender Registration Act. The bill would require
the department to issue guidelines for the certification process by
March 1, 2012.
Existing law establishes the Sex Offender Management Board, as
specified, under the jurisdiction of the Department of Corrections
and Rehabilitation. The purpose of the board is to address any
issues, concerns, and problems related to the community management of
the state's adult sex offenders, with a goal of safer communities
and reduced victimization.
This bill would require the board to conduct a study of sex
offender evaluation tools for efficacy and further development. The
bill would require that the study evaluate alternatives to the STATIC
99 sex offender evaluation tool and provide recommendations.
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. This act shall be known as the California Electronic
Security and Targeting of Online Predators Act (CAL E-STOP).
SEC. 2. 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. 3. Section 290.014 of the Penal Code is amended to read:
290.014. (a) If any person who is required
to register pursuant to the Act act
changes his or her name, the person 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.
(b) If any person who is required to register pursuant to the act
adds or changes his or her account with an Internet service provider
or adds or changes an Internet identifier, the person shall send
written notice of the addition or change to the law enforcement
agency or agencies with which he or she is currently registered
within 24 hours. The law enforcement agency or agencies shall make
this information available to the department or a third-party that
has obtained a certification from the department pursuant to Section
294.7, upon request. Each person to whom this subdivision applies at
the time this subdivision becomes effective shall immediately provide
the information required by this subdivision.
SEC. 4. 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) A list of any and all Internet identifiers established or used
by the person.
(5) A list of any and all Internet service providers used by the
person.
(6) A statement in writing signed by the person acknowledging that
the person is required to register and update the information in
paragraphs (4) and (5), as required by this chapter.
(4)
(7) 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)
(8) 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. 5. Section 294.5 is added to the Penal Code, to read:
294.5. For purposes of this chapter, the following terms apply:
(a) "Internet service provider" means any business, organization,
or other entity providing directly to consumers a computer and
communications facility through which a person may obtain access to
the Internet. An Internet service provider does not include a
business, organization, or other entity that provides only
telecommunications services, cable services, or video services, or
any system operated or services offered by a library or educational
institution.
(b) "Internet identifier" means any electronic mail address, user
name, screen name, or similar identifier used for the purpose of
Internet forum discussions, Internet chat room discussions, instant
messaging, social networking, or similar Internet communication.
SEC. 6. Section 294.7 is added to the Penal Code, to read:
294.7. (a) By July 1, 2012, any person or entity that collects
and makes publicly available, in any format, the personal data of
California minors shall certify with the Department of Justice a plan
to obtain information from law enforcement agencies and implement
reasonable policies to restrict or block access to that information
by persons required to register pursuant to the Sex Offender
Registration Act.
(b) The department shall issue guidelines for the certification
process specified in subdivision (a) by March 1, 2012.
SEC. 7. Section 9004 is added to the Penal Code, to read:
9004. The Sex Offender Management Board shall conduct a study of
sex offender evaluation tools for efficacy and further development.
The study shall evaluate alternatives to the STATIC 99 sex offender
evaluation tool and provide recommendations.
SEC. 8. 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.