BILL ANALYSIS Ó
AB 2569
Page 1
ASSEMBLY THIRD READING
AB
2569 (Melendez)
As Amended: May 27, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |6-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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AB 2569
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SUMMARY: Requires a local assistance center for victims and
witnesses to speak to a victim, in order to determine if
granting an exclusion from the Megan's Law Web site 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.
EXISTING LAW:
1)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. Clarifies that 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 Web site shall be terminated.
Additionally requires that for the application to be granted,
the offender must have a State Authorized Risk Assessment Tool
for Sex Offenders (SARATSO) showing a risk of re-offense of
low to low-moderate.
2)Requires persons convicted of specified sex offenses to
register for life, or reregister if the person has been
previously registered, upon release from incarceration,
placement, commitment, or release on probation. States that
the registration shall consist of all of the following:
a) A statement signed in writing by the person, giving
information as shall be required by Department of Justice
(DOJ) and giving the name and address of the person's
employer, and the address of the person's place of
employment, if different from the employer's main address;
b) Fingerprints and a current photograph taken by the
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registering official;
c) The license plate number of any vehicle owned by,
regularly driven by or registered in the name of the
registrant;
d) Notice to the person that he or she may have a duty to
register in any other state where he or she may relocate;
and,
e) Copies of adequate proof of residence, such as a
California driver's license or identification card, recent
rent or utility receipt or any other information that the
registering official believes is reliable.
3)States every person who is required to register, as specified,
who is living as a transient shall be required to register for
the rest of his or her life as follows:
a) He or she shall register, or reregister if the person
has previously registered, within five working days from
release from incarceration, placement or commitment, or
release on probation, pursuant to Penal Code Section
290(b), except that if the person previously registered as
a transient less than 30 days from the date of his or her
release from incarceration, he or she does not need to
reregister as a transient until his or her next required
30-day update of registration. If a transient is not
physically present in any one jurisdiction for five
consecutive working days, he or she shall register in the
jurisdiction in which he or she is physically present on
the fifth working day following release, as specified.
Beginning on or before the 30th day following initial
registration upon release, a transient shall reregister no
less than once every 30 days thereafter. A transient shall
register with the chief of police of the city in which he
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or she is physically present within that 30-day period, or
the sheriff of the county if he or she is physically
present 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 physically present upon the campus or in any of its
facilities. A transient shall reregister no less than once
every 30 days regardless of the length of time he or she
has been physically present in the particular jurisdiction
in which he or she reregisters. If a transient fails to
reregister within any 30-day period, he or she may be
prosecuted in any jurisdiction in which he or she is
physically present.
b) A transient who moves to a residence shall have five
working days within which to register at that address, in
accordance with Penal Code Section 290(b). A person
registered at a residence address in accordance with that
provision who becomes transient shall have five working
days within which to reregister as a transient in
accordance with existing law.
c) Beginning on his or her first birthday following
registration, a transient shall register annually, within
five working days of his or her birthday, to update his or
her registration with the entities described in existing
law. A transient shall register in whichever jurisdiction
he or she is physically present on that date. At the
30-day updates and the annual update, a transient shall
provide current information as required on the DOJ annual
update form, including the information.
d) A transient shall, upon registration and
re-registration, provide current information as required on
the DOJ registration forms, and shall also list the places
where he or she sleeps, eats, works, frequents, and engages
in leisure activities. If a transient changes or adds to
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the places listed on the form during the 30-day period, he
or she does not need to report the new place or places
until the next required re-registration.
FISCAL EFFECT: According to the Assembly Appropriations
Committee, annual moderate cost to the DOJ in the $150,000 to
$180,000 range (General Fund). 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 cost to DOJ would be in the $150,000 to $180,000
range.
Potential state reimbursable state mandated cost to the extent
the Office of Emergency Services grants do not cover the costs
to the County District Attorney's victim unit costs.
COMMENTS: According to the author, "As statistics show, the
most common sex crimes committed against children are committed
by a family member, someone the child knows and trusts. Since
2011, over 1000 sex offenders have been excluded from the
Megan's Law website with nearly half of those exclusions being
from the family member exemption. The intent of Megan's Law is
to provide the public with the information on the whereabouts of
sex offenders so communities may protect themselves and their
children. If the intent of Megan's Law is to protect the public
against sex offenders, yet we are allowing the exclusion of
people who are committing sex crimes against their own kin; then
the intent of Megan's Law is not being met under the current
law. We cannot continue to keep sexual predators and pedophiles
hidden from the public. It heavily contradicts the main purpose
of Megan's Law: to keep families safe."
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Analysis Prepared by:
Gabriel Caswell/ PUB. S. / (916) 319-3744 FN:
0003170