BILL NUMBER: AB 1640 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 11, 2014
An act to amend Sections 290 and 290.005 of the Penal Code,
relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 1640, as introduced, Jones-Sawyer. Sex offenders: registration.
Existing law requires persons convicted of specified sex offenses,
or attempts to commit those offenses, to register with local law
enforcement agencies while residing in the state or while attending
school or working in the state. Existing law includes among the
specified offenses for which registration is required, the offenses
of sodomy, oral copulation, sexual penetration, and contacting or
communicating with a minor, when the offender knows or reasonably
should know that the person is a minor, with the intent to commit
sodomy, oral copulation, or sexual penetration.
This bill would delete from the list of offenses or attempts to
commit those offenses requiring registration, sodomy, oral
copulation, and sexual penetration, if in each case the offender
participates in the offense with another person who is under 18 years
of age or when the offender is over 21 years of age and participates
in the offense with another person who is under 16 years of age. The
bill would also delete from that list the offense of contacting or
communicating with a minor, if the offender knows or reasonably
should know that the person is a minor, with the intent to commit one
of the offenses as described above. The bill would authorize a
person who is convicted, on or before January 1, 2015, of any of the
listed offenses to seek discretionary relief from the registration
requirement. The bill would make those listed offenses subject to
provisions authorizing the discretionary imposition of the
registration requirement. The bill would make additional conforming
changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290 of the Penal Code is amended to read:
290. (a) Sections 290 to 290.024, inclusive, shall be known and
may be cited as the Sex Offender Registration Act. All references to
"the Act" in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the rest of his
or her life while residing in California, or while attending school
or working in California, as described in Sections 290.002 and
290.01, shall be required to register with the
chief of police of the city in which he or she is residing, or the
sheriff of the county if he or she is residing in an unincorporated
area or city that has no police department, and, additionally, with
the chief of police of a campus of the University of California, the
California State University, or community college if he or she is
residing upon the campus or in any of its facilities, within five
working days of coming into, or changing his or her residence within,
any city, county, or city and county, or campus in which he or she
temporarily resides, and shall be required to register thereafter in
accordance with the Act.
(c) The following persons shall be required to
register:
Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, except subdivision (b) thereof, Section
288, 288a, except subdivision (b) thereof, or Section
289, except subdivisions (h) and (i), Section 207
or 209 committed with intent to violate Section 261, 286, except
subdivision (b) thereof, Section 288, 288a, except
subdivision (b) thereof, or Section 289, except
subdivisions (h) and (i) thereof, Section 220, except assault
to commit mayhem, subdivision (b) and (c) of Section 236.1, Section
243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of
Section 261, paragraph (1) of subdivision (a) of Section 262
involving the use of force or violence for which the person is
sentenced to the state prison, Section 264.1, 266, or 266c,
subdivision (b) of Section 266h, subdivision (b) of Section 266i,
Section 266j, 267, 269, 285, 286, except subdivision (b)
thereof, Section 288, 288a, except subdivision (b)
thereof, Section 288.3, except if committed with the
intent to commit a violation of subdivision (b) of Section 286,
subdivision (b) of Section 288a, or subdivisi on (h) or
(i) of Section 289, Section 288.4, 288.5, 288.7, 289, or 311.1,
subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4,
311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of
Section 653f, subdivision 1 or 2 of Section 314, any offense
involving lewd or lascivious conduct under Section 272, or any felony
violation of Section 288.2; any statutory predecessor that includes
all elements of one of the above-mentioned
these listed offenses; or any person who since that date has
been or is hereafter convicted of the attempt or conspiracy to commit
any of the above-mentioned offenses.
(d) Any person convicted on or before January 1, 2015, of any of
the following offenses or attempt to commit any of those offenses,
may seek discretionary relief from registration imposed under
subdivision (b), if the person has not suffered any other conviction
requiring registration:
(1) Subdivision (b) of Section 286.
(2) Subdivision (b) of Section 288a.
(3) Subdivision (h) or (i) of Section 289.
(4) Section 283, if committed with the intent to commit a
violation of subdivision (b) of Section 286, subdivision (b) of
Section 288a, or subdivision (h) or (i) of Section 289.
(e) The offenses listed in subdivision (d) shall, pursuant to
Section 290.006, be subject to discretionary imposition of the
registration requirement in subdivision (b).
SEC. 2. Section 290.005 of the Penal Code is amended to read:
290.005. The following persons shall register in accordance with
the Act:
(a) Except as provided in subdivision (c) or (d), any person who,
since July 1, 1944, has been, or is hereafter convicted in any other
court, including any state, federal, or military court, of any
offense that, if committed or attempted in this state, based on the
elements of the convicted offense or facts admitted by the person or
found true by the trier of fact or stipulated facts in the record of
military proceedings, would have been punishable as one or more of
the offenses described in subdivision (c) of Section 290, including
offenses in which the person was a principal, as defined in Section
31.
(b) Any person ordered by any other court, including any state,
federal, or military court, to register as a sex offender for any
offense, if the court found at the time of conviction or sentencing
that the person committed the offense as a result of sexual
compulsion or for purposes of sexual gratification.
(c) Except as provided in subdivision (d), any person who would be
required to register while residing in the state of conviction for a
sex offense committed in that state.
(d) Notwithstanding any other law, a person convicted in another
state of an offense similar to one of the following offenses who is
required to register in the state of conviction shall
is not be required to
register in California unless the out-of-state offense, based on the
elements of the conviction offense or proven or stipulated facts in
the record of conviction, contains all of the elements of a
registerable California offense described in subdivision (c) of
Section 290:
(1) Indecent exposure, pursuant to Section 314.
(2) Unlawful sexual intercourse, pursuant to Section 261.5.
(3) Incest, pursuant to Section 285.
(4) Sodomy, pursuant to Section 286, except subdivision (b)
thereof, or oral copulation, pursuant to Section 288a,
except subdivision (b) thereof, provided that the
offender notifies the Department of Justice that the sodomy or oral
copulation conviction was for conduct between consenting adults, as
described in Section 290.019, and the department is able, upon the
exercise of reasonable diligence, to verify that fact.
(5) Pimping, pursuant to Section 266h, or pandering, pursuant to
Section 266i.