BILL ANALYSIS                                                                                                                                                                                                    

                                                                  SB 756
                                                                  Page  1

          SB 756 (Price)
          As Amended  July 7, 2011
          Majority vote 

           SENATE VOTE  :39-0  
           PUBLIC SAFETY       7-0                                         
          |Ayes:|Ammiano, Knight, Cedillo, |     |                          |
          |     |Hagman, Hill, Mitchell,   |     |                          |
          |     |Skinner                   |     |                          |
          |     |                          |     |                          |
           SUMMARY  :  Clarifies jurisdiction for prosecuting sex-offender 
          registrants who fail to comply with registration requirements 
          upon release from custody.  Specifically,  this bill  :  

          1)Provides that if a person required to register as a sex 
            offender fails to do so after release from incarceration, the 
            prosecutor in the jurisdiction where the person was to be 
            paroled or placed on probation may request an arrest warrant 
            for the person, and is authorized to prosecute that person for 
            failure to register.  

          2)Provides that if a person subject to registration is released 
            from custody but 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 

             a)   If the person was previously registered, in the 
               jurisdiction in which the person last registered.

             b)   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.

             c)   Alternatively, if the above do not apply in the 
               jurisdiction where the offense subjecting the person to 
               registration was committed.


                                                                  SB 756
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           EXISTING LAW  :

          1)Requires persons convicted of specified sex offenses to 
            register for the rest of his or her life, with the appropriate 
            law enforcement authorities where they reside.  

          2)Requires a sex offender registrant who has more than one 
            residence at which he or she regularly resides to register in 
            each jurisdiction where he or she regularly resides, and if 
            multiple residences are in the same jurisdiction, the 
            registrant is required to provide all of the addresses in the 

          3)Requires sex offender registrants to annually update 
            registration information, except transient sex offender 
            registrants must update registration information no less than 
            every 30 days after the initial registration.  

          4)Requires a sex offender registrant who moves to inform the law 
            enforcement agency where he or she last registered of the new 
            address or location, in addition to notifying the local 
            authorities in the new jurisdiction.  

          5)Requires persons convicted of specified sex offenses to 
            register, or re-register if the person has been previously 
            registered, upon release from incarceration, placement, 
            commitment, or release on probation.  

          6)Provides that willful violation of any part of the 
            registration requirements constitutes a misdemeanor if the 
            offense requiring registration was a misdemeanor, and 
            constitutes a felony if the offense requiring registration was 
            a felony or if the person has a prior conviction of failing to 

           FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
          Legislative Counsel.

           COMMENTS  :  According to the author, "SB 756 is a simple 
          clarification of the jurisdiction authority of law enforcement 
          agencies with respect to sex offenders who undermine 
          registration requirements.


                                                                  SB 756
                                                                  Page  3

          "SB 756 would amend Penal Code section 290.015 to:

             a)   "Provide that an offender who fails to register 
               following release from custody can be prosecuted in any 
               jurisdiction in which he or she is physically present when 

             b)   "Require sex offender registrants to provide proof of 
               residence at compliance checks by local and state law 
               enforcement only at a place of residence."

          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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