BILL ANALYSIS Ó
AB 1022
Page 1
Date of Hearing: April 5, 2011
Counsel: Kimberly A. Horiuchi
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1022 (Fletcher) - As Introduced: February 18, 2011
As Proposed to be Amended in Committee
SUMMARY : Authorizes local enforcement to provide information
available on the Department of Justice's (DOJ) Internet Web site
of sex offenders, as specified, upon request, by email or other
electronic notification.
EXISTING LAW :
1)Provides that notwithstanding any other provision of law, and
except as provided, any designated law enforcement entity may
provide information to the public about a person required to
register as a sex offender, as specified, by whatever means
the entity deems appropriate, when necessary to ensure the
public safety based upon information available to the entity
concerning that specific person. ĘPenal Code Section
290.45(a)(1).]
2)Requires that community notification by way of an Internet Web
site shall be governed by existing law, and a designated law
enforcement entity may not post on an Internet Web site any
information identifying an individual as a person required to
register as a sex offender except as provided in that section
unless there is a warrant outstanding for that person's
arrest. ĘPenal Code Section 290.45(a)(3).]
3)Mandates DOJ make available information concerning persons who
are required to register as a sex offender to the public via
an Internet Web site, as specified. DOJ shall update the
Internet Web site on an ongoing basis. All information
identifying the victim by name, birth date, address, or
relationship to the registrant shall be excluded from the
Internet Web site. The name or address of the person's
employer and the listed person's criminal history other than
the specific crimes for which the person is required to
register shall not be included on the Internet Web site. The
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Internet Web site shall be translated into languages other
than English as determined by DOJ. ĘPenal Code Section
290.46(a)(1).]
4)States that, on or before July 1, 2005, with respect to a
person who has been convicted of the commission or the
attempted commission of any of the offenses listed in, or who
is described in, existing law, DOJ shall make available to the
public via the Internet Web site his or her name and known
aliases, a photograph, a physical description, including
gender and race, date of birth, criminal history, prior
adjudication as a sexually violent predator, the address at
which the person resides, and any other information that DOJ
deems relevant, but not the information excluded, as
specified. On or before January 1, 2013, DOJ shall make
available to the public via the Internet Web site his or her
static SARATSO score and information on an elevated risk level
based on the SARATSO future violence tool. ĘPenal Code
Section 290.46(b)(1).]
5)Requires persons convicted of specified sex offenses to
register, or reregister if the person has been previously
registered, upon release from incarceration, placement,
commitment, or release on probation. States that the
registration shall consist of all of the following ĘPenal Code
Section 290.015(a)]:
a) A statement signed in writing by the person, giving
information as shall be required by DOJ and giving the name
and address of the person's employer, and the address of
the person's place of employment, if different from the
employer's main address;
b) Fingerprints and a current photograph taken by the
registering official;
c) The license plate number of any vehicle owned by,
regularly driven by or registered in the name of the
registrant;
d) Notice to the person that he or she may have a duty to
register in any other state where he or she may relocate;
and,
e) Copies of adequate proof of residence, such as a
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California driver's license or identification card, recent
rent or utility receipt or any other information that the
registering official believes is reliable.
6)Provides that willful violation of any part of the
registration requirements constitutes a misdemeanor if the
offense requiring registration was a misdemeanor, and
constitutes a felony of the offense requiring registration was
a felony or if the person has a prior conviction of failing to
register. ĘPenal Code Section 290.018(a)(b).]
7)Provides that 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 DOJ. ĘPenal Code Section 290.015(b).]
8)States that a misdemeanor failure to register shall be
punishable by imprisonment in a county jail not exceeding one
year, and a felony failure to register shall be punishable in
the state prison for 16 months, 2 or 3 years. ĘPenal Code
Section 290.018(a)(b).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Megan's law
Internet website provides registered sex offender information
that can be accessed any time by the public. The public must
actively seek out the information. There is no system
notifying interested residents that sex offenders have moved
in or out of given neighborhoods. That prompted the County to
explore establishing a web-based subscription service by which
residents could designate geographic areas and receive email
alerts of changes to sex offender information within the
specified areas.
"However, California Penal Code sections 290.45 and 290.46
restrict local law enforcement's use of an internet website to
disseminate information about registered sex offenders. These
statutes allow a local law enforcement agency to post certain
sex offender information only when the local agency
determines, based upon specific information concerning that
specific offender, that such dissemination is necessary to
ensure the public safety. These sections even further
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restrict the disclosure of a registered sex offender's
address. In other words, current state law says that a sex
offender's inclusion on the Megan's Law website does not, by
itself, constitute justification for local law enforcement
notification. These restrictions have been interpreted to
apply to the County's plan for web-based subscription email
alerts."
2)Purpose and Requirements of Sex Offender Registration :
California was the first state to require sex offender
registration in 1947. The stated purpose for sex offender
registration is to deter offenders from committing future
crimes, provide law enforcement with an additional
investigative tool, and increase public protection. ĘWright
vs. Superior Court (1997) 15 Cal.4th 521, 526; Alissa Pleau
(2007) Review of Selected 2007 California Legislation:
Closing a Loophole in California's Sex Offender Registration
Laws, 38 McGeorge L. Rev. 276, 277; Hatton vs. Bonner (2004)
365 F. 3rd 955, 961.] Penal Code Section 290 requires
life-time registration by persons convicted of specified sex
crimes that reside in, attend school or work in California.
ĘPenal Code Section 290(a).] Sex offenders are required to
register annually within five working days of his or her
birthday. ĘPenal Code Section 290(b).] If the offender has
no fixed address, he or she is required to register every 30
days. ĘPenal Code Section 290.011(a).] A person is also
required to notify law enforcement of any change of address
within five days of moving. (Penal Code Section 290.014.) A
person who fails to register as a sex offender within the
period required by law is guilty of a felony punishable by 16
months, 2 or 3 years. ĘPenal Code Section 290.018(b).]
In 1996, California enacted "Megan's Law" allowing the public to
access an address list of registered sex offenders. Before
2003, members of the public could only obtain the information
on the Megan's Law list by calling a "900" or visiting certain
designated law enforcement agencies and reviewing a CD-ROM.
However, in 2003, California required the DOJ to put the
Megan's Law list of offenders on a public access Web site with
the offender's address, photo and list of offenses. ĘSee
Penal Code Section 290.46(a).] For some offenders with less
serious offenses, only his or her ZIP code is listed. Now, a
citizen can enter his or her address and see if there are
registered sex offenders living in his or her community or
even next door.
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The registration statute does not distinguish crimes based on
severity and instead requires all persons convicted of a
listed crime must register annually within five days of his or
her birthday and for the rest of his or her life. ĘPenal Code
Section 290.012(a).] Although most registerable offenses are
felonies, there some alternate felony/misdemeanor penalties
and a few straight misdemeanors. ĘSee Penal Code Section
243.4 (sexual battery); Penal Code Section 266c (obtaining
sexual consent by fraud); Penal Code Section 311.1, 311.2(c),
311.4, 311.11 (child pornography); Penal Code Section 647.6
(annoying or molesting a child); and, Penal Code Section
314(1)(2) (indecent exposure).]
This bill authorizes local law enforcement to provide electronic
mail (e-mail) updates to citizens who have submitted an email
address of any information on DOJ's Web site. The information
disseminated by local law enforcement is information available
to the citizen on DOJ's Web site; there appears to be no
expansion of the law.
3)Community Notification : Existing law authorizes law
enforcement to notify the general public when a sex offender
is returned to that community. Penal Code Section 290.45(a)
states, "Any designated law enforcement entity may provide
information to the public a person required to register as a
sex offender, as specified, by whatever means the entity deems
appropriate, when necessary to ensure the public safety based
upon information available to the entity concerning that
specific person." ĘPenal Code Section 290.46(a)(1).] As noted
above, DOJ maintains a publically accessible Internet Web site
where any person may simply enter an address and see where
registered sex offenders reside within a specified distance
from that address. ĘPenal Code Section 290.46(a).] This bill
allows local law enforcement to notify members of the public
of information and changes available on DOJ's Web site through
e-mail to community members who request the information.
4)Argument in Support : According to the San Diego County Board
of Supervisors , "Under current law, persons convicted of
specified sex crimes are required to register as sex offenders
with a local law enforcement agency. The California
Department of Justice (DOJ) operates the Sex Offender Tracking
Program, maintains the registered sex offender database and
posts sex offender information on Megan's Law website. The
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DOJ updates the database and website on a daily basis, based
on information received from local agencies. Penal Code
sections 290.45 and 290.46 specify in great detail the
registered sex offender information that can be posted on
Megan's Law website depending on the specific crimes committed
and other factors.
"The Megan's Law website is a valuable public service but
members of the public must pro-actively seek out the
information it provides. When changes in the database occur,
such as a registered sex offender moving in or out of an area,
the public is not pro-actively informed. Unless a person is
continually monitoring the website, and recalls what
information may or may not have been listed before, she or he
would not know what sex offender information may have changed.
Local law enforcement may only use the internet to provide
registered sex offender information when the local agency
determines, based on specific information concerning that
specific offender, that such dissemination is necessary to
ensure public safety. Local agency notification of simple sex
offender residency changes is prohibited.
"AB 1022 would change existing law and allow local governments
to be able to use internet websites and email to actively
notify subscribing members of the public of important Megan's
Law database changes - especially changes in registered sex
offender residency. This measure would use only information
that is currently available via the Megan's Law website. Such
a change would enhance community awareness of dangerous
predators, improve community safety, and help parents keep
their children safe."
5)Argument in Opposition : According to the California Public
Defenders Association , "This legislation specifically
authorizes the transmission of information about 290
registrants for purposes of community notification under Penal
Code Section 290.45, to be upon request, by means of email or
other electronic notification. And, any information that is
posted on the Megan's Law website, under the proposed
amendments to Penal Code Section 29.46(g), can be disseminated
upon request, by means of email or other electronic
notification.
"As the law presently exists, anyone who has legitimate concerns
can easily access the Megan's Law website and obtain the
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information available about 290 registrants. As is, there
have been instances of vigilantism as a result of the
information being made available to the public. Indeed,
Section 290.45(e) specifically provides for a five year
additional consecutive term for anyone who uses information
disclosed to commit a felony, and an additional penalty
assessment for anyone who uses information disclosed to commit
a misdemeanor.
"Allowing individuals to make a onetime request and then be
emailed every time data is updated on Megan's Law listing will
breed hysteria and vigilantism. Further, stranger victim is
not the typical risk. According to the U.S. Department of
Justice, 86% of all sexual assault cases reported to law
enforcement were committed by someone known to the victim - a
family member or acquaintance (Bureau of Justice Statistics
2000). The U.S. Department of Justice reports that 93% of
victims under the age of 17, and 73% of victims age 18 and
older, were assaulted by someone they knew. Where they victim
was a child, 34% of offenders were family members and 59% were
acquaintances (Bureau of Justice Statistics, 2000). And
perhaps even more on point, "The vast majority of sex crimes
are committed by someone who is not on the Sex Offender
Registry. During 2005-2006, approximately 94% of the persons
arrested for sexual offenses in New York State had no prior
sex convictions. As a result, these people would not have
been on the Sex Offender Registry (New York Sex Offender
Management Grant, 2007)."
6)Related Legislation :
a) AB 755 (Galgiani) requires every registered sex offender
to inform the law enforcement agency with which he or she
last registered of all Internet identifiers or service
providers and must sign a statement acknowledging this
responsibility. AB 755 is pending hearing by this
Committee.
b) AB 757 (Blumenfield) authorizes any law enforcement
agency to re-include a registered sex offender granted an
exclusion from DOJ's Internet Web site where the agency
believes that public safety may be compromised by the
continued exclusion from DOJ's Web site. Upon receiving
notice from a law enforcement agency requesting
re-inclusion, DOJ shall notify the offender and thereafter
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make information about the offender available to the public
on the Web site within 30 days. AB 757 is scheduled to be
heard by Committee today.
REGISTERED SUPPORT / OPPOSITION :
Support
Crime Victims United of California
Peace Officers Research Association of California
San Diego County Board of Supervisors
San Diego County Sheriff's Department
Opposition
California Public Defenders Association
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744