BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 622|
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                                 THIRD READING


          Bill No:  SB 622
          Author:   Corbett (D)
          Amended:  4/7/11
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 3/29/11
          AYES:  Hancock, Anderson, Harman, Liu, Price, Steinberg
          NO VOTE RECORDED:  Calderon

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/2/11
          AYES:  Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, 
            Price, Runner, Steinberg


           SUBJECT  :    Sex offenders registration:  out-of-state 
          offenders

           SOURCE  :     Attorney Generals Office


           DIGEST  :    This bill (1) clarifies that sex offender 
          registration in California for an out-of-state conviction 
          is based on the elements of the conviction offense or 
          proven or stipulated facts in the record of conviction; and 
          (2) requires sex offender registration in California if a 
          person committed an offense that requires registration in 
          the state of conviction.

           ANALYSIS  :    Current law generally requires persons 
          convicted of enumerated sex offenses to register within 
          five working days of coming into a city or county, with 
          specified law enforcement officials in the city, county or 
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          city and county where he or she is domiciled, as specified. 
            (Penal Code Section 290.)  Registration generally must be 
          updated annually, within five working days of a 
          registrant's birthday.  (Penal Code Section 290.012(a).)  
          In some instances, registration must be updated once every 
          30 or 90 days, as specified.  (Penal Code Sections 290.011, 
          290.012.)

          Current statute further provides that the following persons 
          are required to register as a sex offender under California 
          law:

                 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, 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 
               specified;

                 "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."

                 Except as specified, "any person who would be 
               required to register while residing in the state of 
               conviction for a sex offense committed in that state." 
                 (Penal Code Section 290.005.)  

          Recent case law,  In Re Rodden  (2010 3rd Dist.) 186 
          Cal.App.4th 24, construed statutory language to provide 
          that "an out-of-state conviction requires a defendant to 
          register as a sex offender in California only when the 
          least adjudicated elements of the offense satisfy all of 
          the elements of a crime enumerated in subdivision (c) of 
          section 290 or when the foreign jurisdiction required the 
          defendant to register as a sex offender."  

          This bill revises and clarifies, that California's 
          mandatory sex offender registration laws apply to persons 

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          convicted in other jurisdictions for any offense that, if 
          committed or attempted in California, based on the elements 
          of the conviction offense or proven or stipulated facts in 
          the record of conviction, is punishable in California as an 
          offense requiring mandatory sex offender registration 
          (change in subdivisions (a) and (d) of section 290.005).

          Current law requires sex offender registration, except as 
          specified, for "any person who would be required to 
          register while residing in the state of conviction for a 
          sex offense committed in that state."  (Penal Code Section 
          290.005(c).)

          This bill amends this provision by providing that any 
          person who would be required to register as a sex offender 
          while residing in the state of conviction for a sex offense 
          committed in that state is required to register in 
          California.

          This bill additionally includes the following uncodified 
          legislative findings and declarations:  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  .

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee analysis:

                          Fiscal Impact (in thousands)

           Major Provisions                     2011-12     2012-13    
           2013-14          Fund  

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          Sex offender registration                              
          Non-reimbursable local costs                           
          Local

          Future incarceration                              Unknown, 
          potentially moderate            General
                                   state costs and /or significant 
          cost
                                   savings

           SUPPORT  :   (Verified  5/3/11)

          Attorney General's Office (source)
          Alameda County District Attorney's Office
          California District Attorneys Association
          California National Organization for Women
          California Peace Officers Association
          California Police Chiefs Association
          California Probation Parole and Correctional Association
          California State Sheriffs' Association
          Chief Probation Officers of California
          Crime Victims United of California
          Peace Officers Research Association of California

           OPPOSITION  :    (Verified  5/3/11)

          ACLU
          California Public Defenders Association

           ARGUMENTS IN SUPPORT  :    The author's office states, last 
          year, the Third District Court of Appeal held, in In re 
          Rodden (2010) 186 Cal.App.4th 24, that DOJ could only 
          consider the least adjudicated elements of an out-of-state 
          conviction in order to determine whether a sex offender is 
          required to register in California.  In other words, if a 
          person committed a forcible rape in another state, but the 
          other state's law did not require proof that force was used 
          in the crime, the person would not be required to register 
          as a sex offender in California, because such a crime 
          (equivalent to sexual battery in California) is not subject 
          to registration under California law. 

          As a result, many out-of-state sex offenders are not 

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          required to register in California, even in instances where 
          the same underlying facts - if proven in court - would have 
          required registration in California.  Since the Rodden 
          opinion was issued on June 29, 2010, DOJ has had to 
          terminate the registration of many dangerous sex offenders, 
          in order to comply with the decision.

           ARGUMENTS IN OPPOSITION  :    The California Public Defenders 
          Association, which opposes this bill, states in part:

             SB 622 seeks to amend Section 290.005 of the  Penal 
             Code, relating to registration requirements for 
             out-of-state convictions, so as to contradict the 
             holding of the Court of Appeal in In re Rodden (2010) 
             186 Cal.App.4th 24.   Essentially this legislation 
             would "substitute a wholly different inquiry for 
             out-of-state sex convictions than that provided for 
             by statute" relative to in state convictions.  
             Presently there are 90,000 registrants pursuant to 
             Penal Code 290 in California.  Our scarce resources 
             are being stretched as is to coordinate registration 
             and supervision of 290 registrants in the community.  
             The legislation is an unnecessary expansion of the 
             registration requirements, an expansion that has been 
             found by the reviewing court to be inappropriate 
             under the rules of statutory construction.  As well 
             the legislation sets the statute up for an equal 
             protection challenge; what can be the rationale for 
             applying one standard for registration relative to in 
             state convictions and another standard for out of 
             state convictions.


          RJG:do  5/4/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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