BILL ANALYSIS Ó SB 622 Page 1 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. SB 622 Page 2 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 SB 622 Page 3 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 ÝDOJ] to consider adjudicated or stipulated hearsay facts of out-of-state sex offenders. Senate Bill 622 allows the ÝDOJ] 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 FN: 0001973