Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 262

Introduced by Assembly Member Lackey

February 9, 2015

An act to begin delete amend Section 290 of end delete begin insert add Section 3003.7 to end insert the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

AB 262, as amended, Lackey. Sex offenders.

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Existing law, subject to exceptions, prohibits a person who is released on parole after having served a term of imprisonment in state prison for any offense for which registration as a sex offender is required from residing in a single family dwelling with another person also required to register as a sex offender. Existing law also prohibits a person for whom registration is required from residing within 2,000 feet of a public or private school, or park where children regularly gather.

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This bill would provide that a person who has been convicted and adjudicated as a sexually violent predator may only reside in a dwelling or abode that is within 10 miles of a permanent physical police or sheriff station with full-time peace officer staffing that has jurisdiction over the location. The bill would also prohibit a person convicted and adjudicated as a sexually violent predator from leasing, renting, or otherwise residing in a dwelling or other abode, and would prohibit a dwelling or other abode from being leased or rented on behalf of a sexually violent predator for purposes of residence by that person, if that dwelling or other abode is occupied or owned in whole or in part by a felon convicted of a serious or violent felony. The bill would provide that its terms do not prevent local jurisdictions from enacting local ordinances that further restrict the residency of a person convicted and adjudicated as a sexually violent predator.

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Existing law, the Sex Offender Registration Act, as last amended by Proposition 35, as approved by the voters at the November 6, 2012, statewide general election, requires a person convicted of certain crimes, as specified, to register with law enforcement as a sex offender for the rest of his or her life while residing in California or while attending school or working in California, as specified. A willful failure to register, as requiredby the act, is a misdemeanor, or felony, depending on the underlying offense.

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This bill would make technical, nonsubstantive changes to those provisions.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 3003.7 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

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begin insert 3003.7. end insert   

(a) A person convicted and adjudicated as a sexually
violent predator shall only reside in a dwelling or abode that is
within 10 miles of a permanent physical police or sheriff station
with full-time peace officer staffing that has jurisdiction over the
location.

(b) A person convicted and adjudicated as a sexually violent
predator shall not lease, rent, or otherwise reside in any dwelling
or other abode, nor shall a dwelling or other abode be leased or
rented on behalf of a sexually violent predator for purposes of
residence by that person, if that dwelling or other abode is
occupied or owned in whole or in part by a felon convicted of a
serious felony as defined in subdivision (c) of Section 1192.7, or
a violent felony, as defined in subdivision (c) of Section 667.5.

(c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person convicted and adjudicated as a sexually violent
predator.

(d) The provisions of this measure are severable. If any
provision of this measure or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.

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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 in a 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 a 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, 288, 288a, or 289, Section 207 or 209 committed
with intent to violate Section 261, 286, 288, 288a, or 289, 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, 288, 288a, 288.3, 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 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.

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