BILL NUMBER: SB 622	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2011
	AMENDED IN SENATE  APRIL 7, 2011

INTRODUCED BY   Senator Corbett
    (   Coauthors:   Senators  
Alquist,   Berryhill,   and Lieu   ) 

   (Coauthor: Assembly Member Cook)

                        FEBRUARY 18, 2011

   An act to amend Section 290.005 of the Penal Code, relating to sex
offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 622, as amended, Corbett. Sex offenders: registration.
   Existing law, the Sex Offender Registration Act, requires persons
who have been convicted of specified crimes to register as sex
offenders, including persons who have been convicted in any other
court, including any state, federal, or military court, of any
offense that, if committed or attempted in this state, would have
been punishable as one or more specified sex crimes.
   This bill would instead require registration for any person who
has been convicted in any other court, including any state, federal,
or military court, of any offense that, based on the elements of the
 conviction   convicted  offense or proven
or stipulated facts in the record of conviction, as specified, would
have been punishable as one or more of the above-referenced specified
sex crimes.
   Existing law provides that any person who would be required to
register while residing in the state of conviction for a sex offense
committed in that state shall be required to register under the act
except that, for offenses similar to specified California offenses,
there is no registration requirement unless the out-of-state offense
contains all of the elements of the specified California offense.
   This bill would instead provide that for offenses similar to
specified California offenses, there is no registration requirement
unless the out-of-state offense, based on the elements of the
conviction offense or proven or stipulated facts in the record of
conviction, contains all of the elements of the specified California
offense.
   Existing law provides that any person who is required to register
who willfully violates any requirement of the act is guilty of a
misdemeanor or a felony, as specified.
   Because this bill would change the definition of a crime, it 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 290.005 of the Penal Code is amended to read:
   290.005.  The following persons shall register in accordance with
the Act:
   (a) Except as provided in subdivision (c)  or (d)  , any
person who, since July 1, 1944, has been, or is hereafter convicted
in any other court, including any state, federal, or military court,
of any offense that, if committed or attempted in this state, based
on the elements of the  conviction   convicted
 offense or  proven   facts admitted by the
person or found true by the trier of fact  or stipulated facts
in the record of  conviction   military
proceedings  , would have been punishable as one or more of the
offenses described in subdivision (c) of Section 290, including
offenses in which the person was a principal, as defined in Section
31.
   (b) Any person ordered by any other court, including any state,
federal, or military court, to register as a sex offender for any
offense, if the court found at the time of conviction or sentencing
that the person committed the offense as a result of sexual
compulsion or for purposes of sexual gratification.
   (c) Except as provided in subdivision (d), any person who would be
required to register while residing in the state of conviction for a
sex offense committed in that state.
   (d) Notwithstanding any other law, a person convicted in another
state of an offense similar to one of the following offenses who is
required to register in the state of conviction shall not be required
to register in California unless the out-of-state offense, based on
the elements of the conviction offense or proven or stipulated facts
in the record of conviction, contains all of the elements of a
registerable California offense described in subdivision (c) of
Section 290:
   (1) Indecent exposure, pursuant to Section 314.
   (2) Unlawful sexual intercourse, pursuant to Section 261.5.
   (3) Incest, pursuant to Section 285.
   (4) Sodomy, pursuant to Section 286, or oral copulation, pursuant
to Section 288a, provided that the offender notifies the Department
of Justice that the sodomy or oral copulation conviction was for
conduct between consenting adults, as described in Section 290.019,
and the department is able, upon the exercise of reasonable
diligence, to verify that fact.
   (5) Pimping, pursuant to Section 266h, or pandering, pursuant to
Section 266i.
  SEC. 2.  The Legislature finds and declares that it intends by this
legislation to address the holding of In re Rodden (2010) 186
Cal.App.4th 24. This act is necessary to clarify the law on sex
offender registration of out-of-state sex offenders. There is an
immediate need for an amendment clarifying that the statute permits
consideration of adjudicated or stipulated nonhearsay facts on the
record of out-of-state, federal, or military convictions to determine
whether the offense would have been punishable as a mandatory
registerable offense under California law. Without this amendment to
the statute, many high-risk sex offenders would not be required to
register as sex offenders under the court's holding in In re Rodden.
  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.