California Legislature—2015–16 Regular Session

Assembly Bill No. 2008

Introduced by Assembly Member Wagner

February 16, 2016

An act to amend Section 290.017 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL’S DIGEST

AB 2008, as introduced, Wagner. Crimes: sex offender registration: notice of duty to register.

Existing law, the Sex Offender Registration Act, requires a person convicted of specified sex offenses to register with local law enforcement authorities and update that registration, as specified. Existing law requires that a person who is required to register be informed of his or her duty to register prior to his or her release, discharge, or parole from confinement in specified institutions, when he or she is released on probation, or when he or she is granted conditional release without supervised probation, or discharged upon payment of a fine.

This bill would require that the person be informed of his or her duty to register only if the release, discharge, or parole, as applicable, is related to a sentence imposed as the result of a conviction for an offense for which the person is required to register under the act, as specified.

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

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

SECTION 1.  

Section 290.017 of the Penal Code is amended
to read:

290.017.  

(a) Any person who is released, discharged, or
paroled from a jail, state or federal prison, school, road camp, or
other institution where he or she was begin delete confined, who end delete begin insert confined as
the result of a sentence imposed for conviction of an offense for
which the person end insert is required to register pursuant to the Act, shall,
prior to discharge, parole, or release, be informed of his or her
duty to register under the Act by the official in charge of the place
of confinement or hospital, and the official shall require the person
to read and sign any form that may be required by the Department
of Justice, stating that the duty of the person to register under the
Act has been explained to the person. The official in charge of the
place of confinement or hospital shall obtain the address where
the person expects to reside upon his or her discharge, parole, or
release and shall report the address to the Department of Justice.
The official shall at the same time forward a current photograph
of the person to the Department of Justice.

(b) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate
law enforcement agency or agencies having jurisdiction over the
place the person expects to reside upon discharge, parole, or
release. If the conviction that makes the person subject to the Act
is a felony conviction, the official in charge shall, not later than
45 days prior to the scheduled release of the person, send one copy
to the appropriate law enforcement agency or agencies having
local jurisdiction where the person expects to reside upon
discharge, parole, or release; one copy to the prosecuting agency
that prosecuted the person; and one copy to the Department of
Justice. The official in charge of the place of confinement or
hospital shall retain one copy.

(c)  Any person begin delete who is required to register pursuant to the Act
and end delete who is released on begin delete probation, end delete begin insert probation as the result of a
sentence imposed for conviction of an offense for which the person
is required to register pursuant to the act end insert shall, prior to release or
discharge, be informed of the duty to register under the Act by the
probation department, and a probation officer shall require the
person to read and sign any form that may be required by the
Department of Justice, stating that the duty of the person to register
has been explained to him or her. The probation officer shall obtain
the address where the person expects to reside upon release or
discharge and shall report within three days the address to the
Department of Justice. The probation officer shall give one copy
of the form to the person, send one copy to the Department of
Justice, and forward one copy to the appropriate law enforcement
agency or agencies having local jurisdiction where the person
expects to reside upon his or her discharge, parole, or release.

(d) Any person begin delete who is required to register pursuant to the Act
and end delete who is granted conditional release without supervised
begin delete probation, end delete begin insert probation from confinement imposed by, end insert or discharged
upon payment of a begin delete fine, end delete begin insert fine imposed in connection with, a sentence
for a conviction of an offense for which a person is required to
register pursuant to the act, end insert shall, prior to release or discharge, be
informed of the duty to register under the Act in open court by the
court in which the person has been convicted, and the court shall
require the person to read and sign any form that may be required
by the Department of Justice, stating that the duty of the person
to register has been explained to him or her. If the court finds that
it is in the interest of the efficiency of the court, the court may
assign the bailiff to require the person to read and sign forms under
the Act. The court shall obtain the address where the person expects
to reside upon release or discharge and shall report within three
days the address to the Department of Justice. The court shall give
one copy of the form to the person, send one copy to the
Department of Justice, and forward one copy to the appropriate
law enforcement agency or agencies having local jurisdiction where
the person expects to reside upon his or her discharge, parole, or
release.