Amended in Assembly March 26, 2015

Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 262

Introduced by Assembly Member Lackey

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(Coauthor: Senator Anderson)

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February 9, 2015

An act to add Section 3003.7 to the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

AB 262, as amended, Lackey. Sex offenders.

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.

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 begin delete with full-time peace officer staffing that has jurisdiction over the location. end delete begin insert that has jurisdiction over the location and has 24 end insert begin insert -hour end insert begin insert -a end insert begin insert -day peace officer staffing on duty and available to respond to calls for service. end insert 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. begin delete 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. end delete

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 3003.7 is added to the Penal Code, to
read:

3003.7.  

(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
begin delete with full-time peace officer staffing that has jurisdiction over the
location. end delete begin insert that has jurisdiction over the location and has
24 end insert begin insert -hour end insert begin insert -a end insert begin insert -day peace officer staffing on duty and available to
respond to calls for service. end insert

(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.

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(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.

end delete begin delete

(d)

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begin insert (c) end insert  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.