BILL NUMBER: SB 54	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        DECEMBER 16, 2010

   An act to amend Section 3003.5 of, and to add Section 3003.51 to,
the Penal Code, relating to sex offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 54, as introduced, Runner. Sex offenders: residency
restrictions: petition for relief.
   Existing law, as amended by Proposition 83 of the November 7,
2006, statewide general election, prohibits any person who is
required to register pursuant to the Sex Offender Registration Act
from residing within 2,000 feet of any public or private school, or
park where children regularly gather.
   This bill would provide that the 2,000 feet shall be measured by
the shortest practical pedestrian or vehicle path. The bill would
permit a person who is subject to the residency restriction to
petition the superior court of the county within which he or she
resides for relief from the requirement. The bill would provide that
original jurisdiction for the petition would lie with the appellate
division of the superior court in which the petition is filed. The
bill would require the petitioner to establish by clear and
convincing evidence that there is a pervasive lack of compliant
housing in the county and that a majority of sex offenders are unable
to comply despite good faith efforts. The bill would require that,
if relief is granted, it shall be narrowly crafted in order to
substantially comply with the intent of the people in approving the
residency requirements.
   The bill would provide that if relief is granted or denied, no
subsequent petition shall be heard unless the petitioner establishes
in the petition, to the satisfaction of the court, that circumstances
regarding compliant housing have changed, as provided.
   Proposition 83 permits the Legislature, by a vote of 2/3 of the
membership of each house and in accordance with specified procedures,
to amend the provisions of the act.
   This bill would therefore require a 2/3 vote.
   Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3003.5 of the Penal Code is amended to read:
   3003.5.  (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during the
period of parole, reside in any  single family  
single-family dwelling with any other person also required to
register pursuant to Section 290, unless those persons are legally
related by blood, marriage, or adoption. For purposes of this
section,  "single family   "  
single-family  dwelling" shall not include a residential
facility which serves six or fewer persons.
   (b)  (1)    Notwithstanding any other provision
of law, it is unlawful for any person for whom registration is
required pursuant to Section 290 to reside within  2000
  2,000  feet of any public or private school, or
park where children regularly gather.  The 2,000 feet shall be
measured by the   shortest     practical
pedestrian or vehicle path.  
   (2) Any person subject to the residency restriction imposed
pursuant to paragraph (1) may, if compliance is not reasonably
possible within his or her county, seek relief pursuant to Section
3003.51. 
   (c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290.
  SEC. 2.  Section 3003.51 is added to the Penal Code, to read:
   3003.51.  (a) Any person prohibited pursuant to Section 3003.5
from living within 2,000 feet of any public or private school, or
park where children regularly gather, may seek relief from those
restrictions if he or she cannot comply with the restriction because
of the unavailability of compliant housing within his or her county
of domicile.
   (b) Any person seeking relief under this section may file a
petition with the superior court of the county in which he or she
resides. Notice of the petition shall be timely served on the state
parole authority or other entity enforcing the subject sex offender
residency restrictions.
   (c) Notwithstanding any other law, original jurisdiction for any
petition filed pursuant to this section shall lie with the appellate
division of the superior court in which the petition is filed.
   (d) The appellate division of the superior court in which the
petition is filed pursuant to this section may grant the petition if
the petitioner establishes by clear and convincing evidence, and the
court finds, both of the following:
   (1) There is a pervasive lack of compliant housing within the
petitioner's county of domicile.
   (2) As a result of the pervasive lack of compliant housing, a
majority of sex offenders subject to the 2,000-foot residency
restriction have, despite good faith efforts, been unable to find
compliant housing within the county.
   (e) Relief granted pursuant to this section shall apply uniformly
to all sex offenders for whom registration is required pursuant to
Section 290 in all communities within the county that are subject to
the 2,000-foot residency restriction and shall therefore be narrowly
crafted in order to substantially comply with the intent of the
people in approving the residency requirements of Section 3003.5.
   (f) If relief is granted or denied pursuant to this section, no
subsequent petition shall be heard, unless the petitioner or
petitioners establish in the petition, to the satisfaction of the
court, both of the following:
   (1) There has been a change of circumstances based upon a
substantial decline in the availability of compliant housing.
   (2) There has been a corresponding increase in the percentage of
sex offenders who are unable to comply with the residency
restrictions due to the change of circumstances described in
paragraph (1) since the court ruling on the prior petition.