BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 756|
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                              UNFINISHED BUSINESS


          Bill No:  SB 756
          Author:   Price (D)
          Amended:  7/7/11
          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

           SENATE FLOOR  :  39-0, 6/2/11 (Consent)
          AYES:  Alquist, Anderson, Berryhill, Blakeslee, Calderon, 
            Cannella, Corbett, Correa, De León, DeSaulnier, Dutton, 
            Emmerson, Evans, Fuller, Gaines, Hancock, Harman, 
            Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, 
            Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, 
            Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, 
            Wright, Wyland, Yee
          NO VOTE RECORDED:  Runner

           ASSEMBLY FLOOR  :  77-0, 8/25/11 - See last page for vote


           SUBJECT  :    Registered sex offenders

           SOURCE  :     Office of the Attorney General


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           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.

           Assembly Amendments  delete provisions requiring a sex 
          offender present proof of residence when requested by a law 
          enforcement agency investigating compliance with 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 
          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 

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            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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No

          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  8/25/11)

          Office of the Attorney General (source)
          City of Long Beach
          Peace Officers Research Association of California 
          San Luis Obispo County District Attorney

           OPPOSITION  :    (Verified  8/25/11)

          California Coalition for Women Prisoners


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           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 
            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."

           ARGUMENTS IN OPPOSITION  :    According to the California 
          Coalition for Women Prisoners (CCWP), "CCWP opposes 
          expansions to California's harsh sex offender laws because 
          evidence strongly suggest that these laws have failed to 
          fulfill their promise of providing safety and security to 
          children and other potential victims of sexual violence. 
          Despite a significant increase in various types of sex 
          offense laws, which include registration requirements, 
          community notification, and strict residency restrictions, 
          there is little evidence to show that the policies have 
          reduced incidents of sexual violence against children and 
          adults. ? Reasons we oppose increasing the number of people 
          who have to register for sex offenses include: 

            Contrary to the myth of the sexually violent pedophile 
            roaming the streets in search of victims, over 90% of 

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            child sexual abuse happens from individuals known and 
            often trusted by the victim. Sex offender laws offer 
            little protection to children who are sexually abused by 
            family members and other trusted adults. 

            The huge increase in the number of people required to 
            register as sex offenders has led to a significant strain 
            on law enforcement who are not able to adequately monitor 
            those individuals with the greatest rights of committing 
            new offenses. A misconception has grown that all people 
            convicted of sex crimes are child rapists and murderers. 
            In reality, the broad net of sex offender laws ensnares 
            individual who actually pose no risk of committing such 
            heinous crimes." 


           ASSEMBLY FLOOR  :  77-0, 8/25/11
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, 
            Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove, 
            Hagman, Halderman, Harkey, Hayashi, Roger Hernández, 
            Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, 
            Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 
            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, 
            Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Wieckowski, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Bonilla, Gorell, Hall


          RJG:mw  8/26/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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