BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 756|
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THIRD READING
Bill No: SB 756
Author: Price (D)
Amended: 5/10/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 5/3/11
AYES: Hancock, Calderon, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Registered sex offenders
SOURCE : Office of the Attorney General
DIGEST : This bill clarifies jurisdiction for prosecuting
a sex offender registrant for failing to register, as
specified, authorizes a district attorney in a jurisdiction
where a sex offender was supposed to register to issue an
arrest warrant, as specified, and requires a sex offender
registrant to present proof of residence upon request by a
law enforcement agency investigating compliance with the
requirements the registration statute.
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
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specified law enforcement officials in the city, county or
city and county where he/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 and 290.012)
Current law requires persons required to register as sex
offenders to register, or reregister if the person has
previously registered, upon release from incarceration,
placement, commitment, or release on probation, as
specified. (Penal Code Section 290.015)
This bill provides that if a person fails to register in
accordance with this provision after release, the district
attorney in the jurisdiction where the person was to be
paroled or to be on probation may request that a warrant be
issued for the person's arrest and shall have the authority
to prosecute that person for a registration violation, as
specified.
This bill further provides that if a person required to
register as a sex offender is not on parole or probation at
the time of release, the district attorney in the following
applicable jurisdiction shall have the authority to
prosecute that person for a registration violation:
If the person was previously registered, in the
jurisdiction in which the person last registered.
If there is no prior registration, but the person
indicated on the Department of Justice notice of sex
offender registration requirement form where he or she
expected to reside, in the jurisdiction where he or she
expected to reside.
If neither of the above applies, in the jurisdiction
where the offense subjecting the person to registration
pursuant to this Act was committed.
This bill further requires that, if requested while at a
residence, the person "shall present proof of residence
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upon request by a law enforcement agency investigating
compliance with the requirements of this Act," and provides
that a violation of this requirement 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
New prosecutions/ unknown; potentially
significant General/
incarcerations state/local incarceration costs in
the Local
hundreds of thousands of dollars
New misdemeanor unknown; non-reimbursable
local Local
costs for enforcement/incarceration
offset to a degree by fine revenue
SUPPORT : (Verified 5/26/11)
Office of the Attorney General (source)
City of Long Beach
Peace Officers Research Association of California
San Luis Obispo County District Attorney
ARGUMENTS IN SUPPORT : The author states:
"Existing law provides that a transient sex offender can
be prosecuted in any jurisdiction in which he or she is
physically present for a failure to register within 30
days. (Pen. Code, § 290.011, subd. (a).) No such
provision exists for the initial failure to register upon
release from custody for either transient sex offenders
or sex offenders who move into a residence but never
register, or who absconds after initial registration.
Nor does existing law provide for the issuance of a
warrant in any particular jurisdiction when an offender
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who has never registered in any California jurisdiction
absconds after release from custody. ?
"Further, existing law does not require sex offender
registrants to cooperate by providing proof of residence
during a check by law enforcement at their residence.
Although registrants must provide proof of residence to
the registering agency within 30 days of registering
(Pen. Code, § 290.015, subd. (a)(5).), the statute does
not state that they have to provide it again unless they
move. If officers arrive at the registered address
months or years after the initial registration and
attempt to verify that the offender still lives there,
the law does not require the registrant to
provide any proof he still resides at that address."
RJG:mw 5/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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