BILL ANALYSIS Ó
AB 2569
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Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2569 (Melendez) - As Amended April 25, 2016
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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:
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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
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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."
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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