BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2569


                                                                    Page  1





          Date of Hearing:  May 11, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2569 (Melendez) - As Amended April 25, 2016


           ----------------------------------------------------------------- 
          |Policy       |Public Safety                  |Vote:|6 - 0        |
          |Committee:   |                               |     |             |
          |             |                               |     |             |
          |             |                               |     |             |
           ----------------------------------------------------------------- 


          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires the Department of Justice Office of Victim  
          Assistance to speak to a victim, in order to determine if  
          granting an exclusion from the Megan's Law Website for an  
          offender who commits a specified sexual offense against a victim  
          who is the child, stepchild, sibling, or grandchild of the  
          offender (the "interfamilial exemption") would be in the best in  
          interest of the victim.  Also, the offender is required to be on  
          probation for at least one year before the application for  
          exclusion can be granted.   


          FISCAL EFFECT:








                                                                    AB 2569


                                                                    Page  2







          According to background material provided, there are  
          approximately 60 qualifying offenders per year.  If the  
          interview were to result in a cost of $2,500 to $3,000 per  
          interview, for staff time, consultation with a child  
          psychologist if necessary, preparation, travel, and any  
          follow-up, the annual GF cost to DOJ would be in the $150,000 to  
          $180,000 range. 


          COMMENTS:


          1)Background. Current law provides that an offender may apply  
            for an interfamilial exclusion if they were convicted of  
            specified offenses, submit proper paperwork, and clearly  
            demonstrate that they are the victim's parent, stepparent,  
            sibling, or grandparent, and the offense did not involve oral  
            copulation or sexual penetration, as specified.  If subsequent  
            to the application for interfamilial exclusion, the offender  
            commits a violation of probation resulting in his or her  
            incarceration in county jail or state prison, his or her  
            exclusion, or application for exclusion, from the Megan's Law  
            Website shall be terminated.  For the application to be  
            granted, the offender must have a State Authorized Risk  
            Assessment Tool for Sex Offenders (SARATSO) showing a low-to  
            low-moderate risk of re-offense..  



            According to background information provided by the California  
            Department of Justice at the time the exclusion was enacted,  
            the interfamilial exemption was provided to protect the  
            identity of minor victims of interfamilial molestation.  The  
            publishing of the perpetrator's name, offense, address, and  
            photograph on the Megan's Law website would also provide  
            information to the community that a reasonable person would  
            piece together and disclose the fact that a minor was in fact  








                                                                    AB 2569


                                                                    Page  3





            a victim of molestation.  Many victims' families do not want  
            their family member posted online.  The fact that a family  
            member may be posted could deter reporting the abuse at all.   
            The idea of the exclusion was to encourage reporting and to  
            shield victims and their families, who may be outed in small  
            communities when the offender is posted. 


          2)Purpose.  According to the author, "Since 2011, over 1,000 sex  
            offenders have been excluded from the Megan's Law website.  
            Nearly half of the approved applications each year are for sex  
            offenders who commit their sex crimes against family members.  
            Within the past two years, 121 offenders were excluded from  
            the website because they were related to their victim. Even  
            more horrifying is every application that meets the exclusion  
            will automatically be granted.



            AB 2569 will modify the Megan's Law exclusion for sex  
            offenders who are related to their victim.  The DOJ will be  
            required to interview the victim and the exclusion will be  
            granted if they determine it is in the victim's best interest.  



          3)Support.  According to United Advocates for Children and  
            Families, "About 90% of children who are victims of abuse know  
            their abuser. Only 10% of sexually abused children are abused  
            by a stranger. Approximately 30% of children who are sexually  
            abused are abused by family members.


            "Familial abuse effects the whole family for a longer time  
            because the abuser is often still around the family and victim  
            and becomes the 'secret' in the family. This causes discord  
            and suspicion within the family and extended family and the  
            victim is traumatized over and over again."









                                                                    AB 2569


                                                                    Page  4






          4)Argument in Opposition:  According to the American Civil  
            Liberties Union, "AB 2569, is a bill that seeks to eliminate  
            the authority for the Department of Justice to exclude a  
            person on the sex offender registry from disclosure of their  
            information on the internet if the person is a parent,  
            stepparent, sibling or grandparent of the victim, and specific  
            criteria have been met. While it may seem counter-intuitive,  
            the purpose of this provision is to protect the privacy and  
            welfare of victims, particularly minor victims, and it should  
            not be eliminated. 











          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081