BILL NUMBER: SB 57 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
DECEMBER 21, 2010
An act to amend Sections 290.013 and 290.015 of the Penal Code,
relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 57, as introduced, Runner. Sex offenders: social networking
prohibition: online address notification requirement.
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.
The bill would require a person who is required to register as a
sex offender to inform the law enforcement agency with which he or
she last registered of all of his or her online addresses, e-mail
addresses, and instant messaging user names no later than December
31, 2012, and, thereafter, at the time of original registration and
within 30 days of establishing a new online account, and would make
it a misdemeanor to fail to do so. This bill would permit information
received pursuant to these provisions to be shared with the
Department of Justice and other law enforcement agencies, upon
request. By creating new crimes, this bill would impose a
state-mandated local program.
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 290.013 of the Penal Code is amended to read:
290.013. (a) Any person who was last registered at a residence
address pursuant to the Act who changes his or her residence address,
whether within the jurisdiction in which he or she is currently
registered or to a new jurisdiction inside or outside the state,
shall, in person, within five working days of the move, inform the
law enforcement agency or agencies with which he or she last
registered of the move, the new address or transient location, if
known, and any plans he or she has to return to California.
(b) If the person does not know the new residence address or
location at the time of the move, the registrant shall, in person,
within five working days of the move, inform the last registering
agency or agencies that he or she is moving. The person shall later
notify the last registering agency or agencies, in writing, sent by
certified or registered mail, of the new address or location within
five working days of moving into the new residence address or
location, whether temporary or permanent.
(c) The law enforcement agency or agencies shall, within three
working days after receipt of this information, forward a copy of the
change of address information to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency or agencies having local jurisdiction of
the new place of residence.
(d) If the person's new address is in a Department of Corrections
and Rehabilitation facility or state mental institution, an official
of the place of incarceration, placement, or commitment shall, within
90 days of receipt of the person, forward the registrant's change of
address information to the Department of Justice. The agency need
not provide a physical address for the registrant but shall indicate
that he or she is serving a period of incarceration or commitment in
a facility under the agency's jurisdiction. This subdivision shall
apply to persons received in a department facility or state mental
institution on or after January 1, 1999. The Department of Justice
shall forward the change of address information to the agency with
which the person last registered.
(e) A person required to register pursuant to the Act shall
inform the law enforcement agency with which he or she last
registered of all of his or her online addresses, e-mail addresses,
and instant messaging user names no later than December 31, 2012, and
thereafter, at the time of original registration and within 30 days
of establishing a new online account. Information received pursuant
to this subdivision may, upon request, be shared with the Department
of Justice or other law enforcement agencies.
(f) Notwithstanding any other law, violation of subdivision
(e) shall constitute a misdemeanor punishable by imprisonment in a
county jail not exceeding six months, or by a fine not exceeding one
thousand dollars ($1,000), or by both that imprisonment and fine.
SEC. 2. 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) An acknowledgment that the person is required under Section
290.013 to notify the law enforcement agency or agencies with which
he or she last registered of all of his or her online addresses,
e-mail addresses, and instant messaging user names no later than
December 31, 2012, and, thereafter, at the time of original
registration and within 30 days of establishing a new online account.
(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. 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.