Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2188

Introduced by Assembly Member Grove

February 18, 2016

An act to begin delete amend end delete begin insert add end insert Section begin delete 290 of end delete begin insert 15030 to end insert the begin delete Penal end delete begin insert Government end insert Code, relating to begin delete sex offenders. end delete begin insert human trafficking. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2188, as amended, Grove. begin delete Sex offenders. end delete begin insert Human trafficking: database. end insert

begin insert

Existing law requires the Department of Justice to seek to control and eradicate organized crime by, among other things, gathering, analyzing, and storing intelligence related to organized crime and providing this intelligence to local, state, and federal law enforcement units. Existing law also requires, prior to a local law enforcement agency designating, or submitting a document to the Attorney General’s office for the purpose of designating, a person as a gang member, associate, or affiliate in a shared gang database, as defined, the local law enforcement agency to provide written notice to the person and his or her parent or guardian of the designation and the basis for the designation if the person is under 18 years of age, except as specified. Existing law authorizes the person or his or her parent or guardian to submit written documentation contesting that designation and requires the local law enforcement agency to provide written verification of its decision within 60 days.

end insert begin insert

This bill would require the department, on or before January 1, 2018, to expand its shared gang database, as defined in the provision described above, in order to provide accurate, timely, and electronically generated data of statewide human trafficking intelligence information. The bill would specify that the purpose of that expansion is to allow law enforcement agencies in California to collaborate in reducing the incidence of human trafficking. The bill would authorize the department to promulgate regulations to implement its provisions.

end insert begin delete

Existing law, the Sex Offender Registration Act, 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 required by the act, is a misdemeanor, or felony, depending on the underlying offense.

end delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 15030 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

begin insert

begin insert 15030. end insert   

(a) On or before January 1, 2018, the Department of
Justice shall expand its shared gang database, as defined in Section
186.34 of the Penal Code, in order to provide accurate, timely,
and electronically generated data of statewide human trafficking
intelligence information. The purpose of this expansion shall be
to allow law enforcement agencies in California to collaborate in
reducing the incidence of human trafficking.

(b) The department may promulgate regulations to implement
this section.

(c) For purposes of this section, “human trafficking” has the
same meaning as defined in Section 236.1 of the Penal Code.

end insert

begin delete

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)  Any 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, 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.

end delete