BILL NUMBER: SB 57	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2011

INTRODUCED BY   Senator Runner
    (   Coauthors:   Senators  
Anderson,   Calderon,   Harman,   and Lieu
  ) 
    (   Coauthors:   Assembly Members 
 Knight   and Smyth   ) 

                        DECEMBER 21, 2010

   An act to  amend Sections 290.013 and 290.015 of 
 add Section 290.0145 to  the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 57, as amended, Runner. Sex offenders: social networking
 prohibition:   and  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   offenders
 . Existing law sets forth the procedure for  doing so
  registering  and provides that a violation of the
sex offender registration law is a crime, punishable as specified.
   The bill would  , commencing January 1, 2013,  require a
person who is required to register as a sex offender to 
inform   provide to  the law enforcement agency
with which he or she last registered  of  all of his
or her online  names,  addresses, e-mail addresses, and
instant messaging user names  no later than December 31,
2012, and, thereafter,   for all of his or her accounts
on social networking Internet Web sites, as defined,  at the
time of original registration  or any subsequent registration
 and within 30 days of establishing a new online  name,
address   ,   or  account,  as specified,
 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
 local  law enforcement agencies, upon request. By creating
 a  new  crimes   crime  , 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 290.0145 is added to the 
 Penal Code   , to read:  
   290.0145.  (a) Commencing January 1, 2013, a person required to
register pursuant to the Act shall provide to the law enforcement
agency with which he or she last registered, or the law enforcement
agency with which he or she is otherwise required to register, all of
his or her online names and addresses, e-mail addresses, and instant
messaging user names for all of his or her social networking
Internet Web site accounts at the time of original registration or
any subsequent registration, and within 30 days of establishing a new
online name, address, or instant messaging user name or a new social
networking Internet Web site account. Information received pursuant
to this paragraph may, upon request, be shared with other local law
enforcement agencies.
   (b) Notwithstanding Section 290.018, a violation of subdivision
(a) is a misdemeanor.
   (c) For purposes of this section, a "social networking Internet
Web site is an Internet Web site that allows individuals, including
juveniles, to do all of the following:
   (1) Communicate with acquaintances and strangers.
   (2) Construct a public or semipublic profile within a bounded
system.
   (3) Articulate a list of other users or members with whom they
share a connection.
   (4) View and traverse their list of connections and those lists
made by others within the system.  
  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.   SEC. 2.   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.