BILL ANALYSIS                                                                                                                                                                                                    



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 756|
          |Office of Senate Floor Analyses   |                         |
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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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