BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 57|
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THIRD READING
Bill No: SB 57
Author: Runner (R), et al.
Amended: 4/12/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-1, 05/03/11
AYES: Hancock, Anderson, Calderon, Harman, Price,
Steinberg
NOES: Liu
SENATE APPROPRIATIONS COMMITTEE : 8-0, 05/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Sex offender registration
SOURCE : Author
DIGEST : This bill: 1) requires persons required to
register as sex offenders to provide the registering law
enforcement agency with the persons online names and
addresses, e-mail addresses and instant messaging user
names for all his or her social networking Internet Website
accounts; 2) requires that changes in this information be
updated within 30 days; 3) authorizes the law enforcement
agency to share this information with other law enforcement
entities; and 4) defines a social networking Website as one
that allows persons, including juveniles, to communicate
with acquaintances and strangers, construct a public or
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semi-public profile, set a list of users or members with
whom they share a connection, and view and traverse their
list of connections with others within the system.
ANALYSIS : Current law generally requires a person
convicted of enumerated sex offenses to register within
five working days of coming into a city or county, with law
enforcement officials, as specified. (Pen. Code § 290.)
Registration generally must be updated annually, within
five working days of a registrant's birthday. (Pen. Code §
290.012 (a).) In some instances, registration must be
updated once every 30 or 90 days, as specified. (Pen. Code
§§ 290.011, 290.012.)
Current law requires registrants to provide the following
information:
1.A signed statement giving information as required by the
Department of Justice (DOJ) and giving the name and
address of the person's employer and place of employment;
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 other specified
requirements, he or she may have a duty to register in
any other state where he or she may relocate; and
5.Copies of adequate proof of residence, as specified.
(Pen. Code § 290.015.)
Current law provides that it is a crime, punishable as
specified, for any person who is required to register to
willfully violate any requirement of this section. (Pen.
Code § 290.018.) Specifically, current statute includes
the following provisions:
1.Misdemeanor underlying sex crime : Any person who is
required to register based on a misdemeanor conviction or
juvenile adjudication who willfully violates any
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requirement of the Act is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding
one year. (Pen. Code § 290.018, subd. (a).)
2.Felony underlying sex crime : Except as provided, any
person who is required to register under the Act based on
a felony conviction or juvenile adjudication who
willfully violates any requirement of the Act or who has
a prior conviction or juvenile adjudication for the
offense of failing to register under the Act and who
subsequently and willfully violates any requirement of
the Act is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or 2 or 3
years. (Pen. Code § 290.018, subd. (b).)
3.Transient registrants : Transient registrants who
willfully fail to comply with the requirement of
registering no less than every 30 days is guilty of a
misdemeanor, punishably by jail for at least 30 days, but
not exceeding six months. "A person who willfully fails
to comply with the requirement that he or she reregister
no less than every 30 days shall not be charged with this
violation more often than once for a failure to register
in any period of 90 days. Any person who willfully
commits a third or subsequent violation of the (transient
registration requirements) shall be punished (based on
their underlying offense, as described above). (Pen.
Code § 290.018, subd. (g).)
This bill provides that a person required to register as a
sex offender shall notify DOJ of all of the registrant's
online addresses, e-mail addresses, and instant messaging
user names no later than January 1, 2013, and thereafter
within 30 days of establishing a new online account.
Notification may be filed in the same manner as filing a
new (residence) address or online, as permitted by DOJ.
This bill requires registrants to inform the registering
agency of any changes to social networking sites used by
the registrants and any changes in user names and
addresses.
This bill defines a social networking Internet Web site as
one that permits members, including juveniles, to
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communicate with acquaintances and strangers, and allows
individuals to:
1.Construct a public or semi-public profile within a
bounded system;
2.Set a list of other users with whom they share a
connection; and
3.View and traverse (cross or connect) their list of
connections and the lists of others within the system.
This bill authorizes the registering agency to, upon
request, share the information with other law enforcement
entities.
This bill provides that a violation of the requirements in
the bill is a misdemeanor.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Register new information
Unknown; potentially significant state-
General
with local law enforcementreimbursable local law
enforcement costs
New misdemeanor Unknown;
non-reimbursable local costs Local
for enforcement and incarceration,
offset
to a degree by fine revenue
Sex offender parolee
Potentially $120 in one-time costs
General
monitoring and $50 annually to CDCR
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Re-incarceration due Unknown;
potentially moderate General
to parole violations state incarceration costs
SUPPORT : (Verified 5/26/11)
California State Sheriffs' Association
Child Abuse Prevention Center
Crime Victims United
Los Angeles County Sheriff's Office
San Bernardino County Sheriff
OPPOSITION : (Verified 5/26/11)
American Civil Liberties Union
California Public Defenders Association
Legal Services for Prisoners with Children
ARGUMENTS IN SUPPORT : According to the author's office:
While social networking sites are a great way for
people to connect, they can also create a virtual
shopping mall for sex offenders on the prowl. SB 57
will require sex offenders like John Gardner to
register all their online addresses with law
enforcement.
Online address registration will create a tool which
can be employed to provide information to social
networking sites which may choose to purge potential
predators.
ARGUMENTS IN OPPOSITION : The American Civil Liberties
Union argues that, "Registration requirements are in place
for the primary reason to inform law enforcement of the
current whereabouts of persons previously convicted of sex
crimes. We are opposed to imposing additional registration
obligations on ex-offenders, particularly where new
criminal penalties would apply. California should be spend
its limited resources being smart on crime, not wasting
resources on legislation that does not improve public
safety. It is also troubling to collect information that
could impact the free speech rights of ex-offenders,
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particularly those offenders whose prior crimes did not
involve the Internet."
RJG:nl 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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