AB 1438, as introduced, Linder. Sex offenders: certificates of rehabilitation.
Existing law requires a person who has been convicted of specified sex offenses to register with local law enforcement authorities as a sex offender. Existing law authorizes a person convicted of a felony or a misdemeanor violation of certain sex offenses, the accusatory pleading of which has been dismissed, to file a petition for certificate of rehabilitation and pardon provided that the petitioner has not been incarcerated since the dismissal of the accusatory pleading, is not on probation for the commission of another felony, and presents satisfactory evidence of 5 years residence in this state prior to the filing of the petition. Under existing law, a petition for a certificate of rehabilitation and pardon does not apply to a person who, among other specified crimes, has been convicted of willfully and lewdly committing any lewd and lascivious act upon the body of a child who is under the age of 14. Under existing law, a person convicted of certain sex offenses is not, upon obtaining a certificate of rehabilitation, relieved of his or her duty to register as a sex offender.
This bill, in addition, would make the provisions for obtaining a certificate of rehabilitation inapplicable to a person who is convicted of engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration with a child who is 10 years of age or younger and would provide that such a person who has obtained a certificate of rehabilitation is not relieved of his or her duty to register as a sex offender.
Because certain sex offenders would be precluded from relief from the duty to register with local officials, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 290.5 of the Penal Code is amended to
(a) (1) A person required to register under Section 290
4for an offense not listed in paragraph (2), upon obtaining a
5certificate of rehabilitation under Chapter 3.5 (commencing with
6Section 4852.01) of Title 6 of Part 3, shall be relieved of any
7further duty to register under Section 290 if he or she is not in
8custody, on parole, or on probation.
9(2) A person required to register under Section 290, upon
10obtaining a certificate of rehabilitation under Chapter 3.5
11(commencing with Section 4852.01) of Title 6 of Part 3, shall not
12be relieved of the duty to register under Section 290, or of the duty
13to register under Section 290 for any offense subject to that section
14of which he or she is convicted in the future, if his or her conviction
15is for one of the following offenses:
16(A) Section 207 or 209 committed with the intent to violate
17Section 261, 286, 288, 288a, or 289.
18(B) Section 220, except assault to commit mayhem.
19(C) Section 243.4, provided that the offense is a felony.
20(D) Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of
22(E) Section 264.1.
23(F) Section 266, provided that the offense is a felony.
24(G) Section 266c, provided that the offense is a felony.
P3 1(H) Section 266j.
2(I) Section 267.
3(J) Section 269.
4(K) Paragraph (1) of subdivision (b) of Section 286, provided
5that the offense is a felony.
6(L) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),
7(f), (g), (i), (j), or (k) of, Section 286.
8(M) Section 288.
9(N) Paragraph (1) of subdivision (b) of Section 288a, provided
10that the offense is a felony.
11(O) Paragraph (2) of subdivision (b) of, or subdivision (c), (d),
12(f), (g), (i), (j), or (k) of, Section 288a.
13(P) Section 288.5.
16 Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289,
17provided that the offense is a felony.
19 Subdivision (i) or (j) of Section 289.
21 Section 647.6.
23 The attempted commission of any of the offenses specified
24in this paragraph.
26 The statutory predecessor of any of the offenses specified
27in this paragraph.
29 Any offense which, if committed or attempted in this state,
30would have been punishable as one or more of the offenses
31specified in this paragraph.
32(b) (1) Except as provided in paragraphs (2) and (3), a person
33described in paragraph (2) of subdivision (a) shall not be relieved
34of the duty to register until that person has obtained a full pardon
35as provided in Chapter 1 (commencing with Section 4800) or
36Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.
37(2) This subdivision does not apply to misdemeanor violations
38of Section 647.6.
39(3) The court, upon granting a petition for a certificate of
40rehabilitation pursuant to Chapter 3.5 (commencing with Section
P4 14852.01) of Title 6 of Part 3, if the petition was granted prior to
2January 1, 1998, may relieve a person of the duty to register under
3Section 290 for a violation of Section 288 or 288.5, provided that
4the person was granted probation pursuant to subdivision
begin delete (c)end delete
5 of Section 1203.066, has complied with the provisions of Section
6290 for a continuous period of at least 10 years immediately
7preceding the filing of the petition, and has not been convicted of
8a felony during that period.
Section 4852.01 of the Penal Code is amended to read:
(a) Any person convicted of a felony who has been
11released from a state prison or other state penal institution or
12agency in California, whether discharged on completion of the
13term for which he or she was sentenced or released on parole prior
14to May 13, 1943, who has not been incarcerated in a state prison
15or other state penal institution or agency since his or her release
16and who presents satisfactory evidence of a three-year residence
17in this state immediately prior to the filing of the petition for a
18certificate of rehabilitation and pardon provided for by this chapter,
19may file the petition pursuant to the provisions of this chapter.
20(b) Any person convicted of a felony who, on May 13, 1943,
21was confined in a state prison or other institution or agency to
22which he or she was committed and any person convicted of a
23felony after that date who is committed to a state prison or other
24institution or agency may file a petition for a certificate of
25rehabilitation and pardon pursuant to the provisions of this chapter.
26(c) Any person convicted of a felony or any person who is
27convicted of a misdemeanor violation of any sex offense specified
28in Section 290, the accusatory pleading of which has been
29dismissed pursuant to Section 1203.4, may file a petition for
30certificate of rehabilitation and pardon pursuant to the provisions
31of this chapter if the petitioner has not been incarcerated in any
32prison, jail, detention facility, or other penal institution or agency
33since the dismissal of the accusatory pleading and is not on
34probation for the commission of any other felony, and the petitioner
35presents satisfactory evidence of five years residence in this state
36prior to the filing of the petition.
37(d) This chapter shall not apply to persons serving a mandatory
38life parole, persons committed under death sentences, persons
39convicted of a violation of subdivision (c) of Section 286, Section
P5 1288, subdivision (c) of Section 288a, Section 288.5,
2 or subdivision (j) of Section 289, or persons in the military service.
begin delete the above provisions orend delete any other begin delete provision law, the Governor
begin delete shall haveend delete the right to pardon a person
5convicted of a violation of subdivision (c) of Section 286, Section
6288, subdivision (c) of Section 288a, Section 288.5,
7 or subdivision (j) of Section 289, if there are extraordinary
No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California