BILL NUMBER: AB 2188 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 17, 2016
INTRODUCED BY Assembly Member Grove
FEBRUARY 18, 2016
An act to amend add Section
290 of 15030 to the Penal
Government Code, relating to sex offenders.
human trafficking.
LEGISLATIVE COUNSEL'S DIGEST
AB 2188, as amended, Grove. Sex offenders.
Human trafficking: database.
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.
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.
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.
This bill would make technical, nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 15030 is added to the
Government Code , to read:
15030. (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.
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.