BILL ANALYSIS                                                                                                                                                                                                    ”



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          SENATE THIRD READING
          SB 622 (Corbett)
          As Amended  June 22, 2011
          Majority vote 

           SENATE VOTE  :40-0  
           
           PUBLIC SAFETY       4-1         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Knight, Cedillo, Hagman,  |Ayes:|Fuentes, Harkey,          |
          |     |Hill                      |     |Blumenfield, Bradford,    |
          |     |                          |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Gatto,   |
          |     |                          |     |Hall, Hill, Lara,         |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Ammiano                   |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY :  Modifies the standard for determining whether a person 
          convicted of a sex offense in another jurisdiction is required 
          to register as a sex offender in California.  Specifically,  this 
          bill  :

          1)Allows the court to consider not only the elements of the 
            offense, but also facts admitted by the defendant or found 
            true by the trier of fact, or stipulated facts in the record 
            of military proceedings, to determine whether an out-of-state 
            prior sex offense triggers sex offender registration in 
            California.

          2)Declares that the intent behind this bill is to address the 
            holding of In re Rodden (2010) 186 Cal.App.4th 24, which 
            restricted the test for determining whether an offense from 
            another jurisdiction triggers sex offender registration in 
            California to a comparison of the elements of the respective 
            offenses.

           EXISTING LAW  :

          1)Enumerates certain crimes for which a person shall be required 
            to register as a sex offender.  








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          2)Mandates sex offender registration if a person is convicted in 
            another jurisdiction of one of the enumerated sex crimes in 
            Penal Code Section 290(c) or an equivalent crime.  

          3)Mandates sex offender registration if it is shown that an 
            out-of-state, federal, or military court ordered the defendant 
            to register as a sex offender and at the time of conviction or 
            sentencing that court found that the defendant committed the 
            offense as a result of sexual compulsion or for purposes of 
            sexual gratification.  

          4)Requires sex offender registration if the court of another 
            state required the defendant to register as a sex offender 
            while he or she was residing in that state.  

          5)Exempts a person convicted in another state of an offense 
            similar to enumerated California offenses and who is required 
            to register in that state from registering in California 
            unless the out-of-state offense contains all of the elements 
            of a registerable California offense listed in Penal Code 
            Section 290(c).  

          6)Requires a person who has been discharged or paroled from an 
            out-of-state facility that is equivalent to the Division of 
            Juvenile Justice, as a result of committing an offense which, 
            if committed or attempted in California, would have been 
            punishable as one or more of enumerated sex offender 
            registration crimes, to register in California.  

           FISCAL EFFECT  :  According to the Assembly Appropriations 
          Committee:

          1)Minor annual General Fund (GF) increase to the Department of 
            Justice (DOJ) for costs associated with reviewing out-of-state 
            cases for facts beyond the conviction offense.  According to 
            DOJ, the unit responsible for reviewing these registration 
            cases - as many as 1,600 per year - would not be significantly 
            impacted by this bill.  

          2)Unknown minor annual GF costs to the extent increasing the 
            number of felony registrants results in additional state 
            prison commitments for failure to comply with registration 
            requirements.  For example, in 2009 and 2010, a total of 1,226 








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            persons were committed to state prison for this reason.  These 
            commitments are on a base of about 65,000 felony registrants, 
            however, so the increase based on the additional 100 
            registrants DOJ estimates will be affected by this bill is 
            likely to be negligible.   

          3)Ongoing minor nonreimbursable local law enforcement costs for 
            additional registration requirements and related procedures. 

           COMMENTS  :  According to the author, "Senate Bill 622 clarifies 
          that an out-of-state sex offender is required to register with 
          the California Department of Justice (DOJ) when they move to 
          California.  There is a need for a technical clarification of 
          the law in order to allow the ›DOJ] to consider adjudicated or 
          stipulated hearsay facts of out-of-state sex offenders.  Senate 
          Bill 622 allows the ›DOJ] to resume its practice of reviewing 
          these out-of-state convictions in order to determine whether 
          they are required to register in California."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Sandy Uribe / PUB. S. / (916) 319-3744 



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