BILL ANALYSIS Ó
SB 756
Page 1
SENATE THIRD READING
SB 756 (Price)
As Amended July 7, 2011
Majority vote
SENATE VOTE :39-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Hill, Mitchell, | | |
| |Skinner | | |
| | | | |
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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
person:
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
Page 2
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
jurisdiction.
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
register.
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
arrested.
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
FN: 0001614