Amended in Senate May 21, 2015

Senate Bill No. 54

Introduced by Senator begin delete Walters end delete begin insert Runner end insert

December 19, 2014

begin delete An act to amend Section 70900 of the Education Code, relating to community colleges. end delete begin insert An act to amend Section 3003.5 of, and to add Section 3003.51 to, the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 54, as amended, begin delete Walters end delete   begin insert Runner end insert . begin delete California Community Colleges: board of governors. end delete begin insert Sex offenders: residency restriction: petition for relief. end insert

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Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, prohibits any person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather.

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This bill would require that the 2,000-foot residency restriction be measured by the shortest practical pedestrian or vehicle path. The bill would limit the residency restriction to persons convicted of specified offenses. The bill would permit a person who is subject to the residency restriction to petition the superior court of the county within which he or she resides for relief from the requirement. The bill would provide that original jurisdiction for the petition would lie with the appellate division of the superior court in which the petition is filed. The bill would require the petitioner to establish by clear and convincing evidence that there is a pervasive lack of compliant housing in the county and that a majority of sex offenders are unable to comply despite good faith efforts. The bill would require, if relief is granted, that the relief be narrowly crafted in order to substantially comply with the intent of the people in approving the residency restriction. The bill would prohibit a subsequent petition from being heard if relief is granted or denied, unless the petitioner establishes in the petition, to the satisfaction of the court, that circumstances regarding compliant housing have changed, as provided.

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Proposition 83 permits the Legislature, by a vote of 2⁄3 of the membership of each house and in accordance with specified procedures, to amend the provisions of the act.

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By amending Proposition 83, this bill would require a 2⁄3 vote.

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This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as one of the segments of public postsecondary education in this state.

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This bill would make nonsubstantive changes to those provisions.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

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begin insert Section 3003.5 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

3003.5.  

(a) Notwithstanding any other begin delete provision of end delete law, when
a person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during
the period of parole, reside in any begin delete single family end delete begin insert single-family end insert
dwelling with any other person also required to register pursuant
to Section 290, unless those persons are legally related by blood,
marriage, or adoption. For purposes of this section, begin delete “single family end delete
begin insert “single-family end insert dwelling” shall not include a residential facility
begin delete which end delete begin insert that end insert serves six or fewer persons.

(b)  begin insert (1) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, it is
unlawful for any person begin insert convicted of any of the offenses
enumerated in Section 667.61 and end insert for whom registration is required
pursuant to Section 290 to reside within begin delete 2000 end delete begin insert 2,000 end insert feet of any
public or private school, or park where children regularly gather.
begin insert The 2,000-foot residency restriction shall be measured by the
shortest practical pedestrian or vehicle path. end insert

begin insert

(2) Any person subject to the residency restriction imposed
pursuant to paragraph (1) may, if compliance is not reasonably
possible within his or her county, seek relief pursuant to Section
3003.51.

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(c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290.

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begin insert SEC. 2. end insert   

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begin insert Section 3003.51 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 3003.51. end insert   

(a) Any person prohibited pursuant to Section 3003.5
from living within 2,000 feet of any public or private school, or
park where children regularly gather, may seek relief from those
restrictions if he or she cannot comply with the restriction because
of the unavailability of compliant housing within his or her county
of domicile.

(b) Any person seeking relief under this section may file a
petition with the superior court of the county in which he or she
resides. Notice of the petition shall be timely served on the state
parole authority or other entity enforcing the subject sex offender
residency restrictions.

(c) Notwithstanding any other law, original jurisdiction for any
petition filed pursuant to this section shall lie with the appellate
division of the superior court in which the petition is filed.

(d) The appellate division of the superior court in which the
petition is filed pursuant to this section may grant the petition if
the petitioner establishes by clear and convincing evidence, and
the court finds, both of the following:

(1) There is a pervasive lack of compliant housing within the
petitioner’s county of domicile.

(2) As a result of the pervasive lack of compliant housing, a
majority of sex offenders subject to the 2,000-foot residency
restriction have, despite good faith efforts, been unable to find
compliant housing within the county.

(e) Relief granted pursuant to this section shall apply uniformly
to all sex offenders convicted of any of the offenses enumerated in
Section 667.61 and for whom registration is required pursuant to
Section 290 in all communities within the county that are subject
to the 2,000-foot residency restriction and shall, therefore, be
narrowly crafted in order to substantially comply with the intent
of the people in approving the residency requirements of Section
3003.5.

(f) If relief is granted or denied pursuant to this section, no
subsequent petition shall be heard, unless the petitioner or
petitioners establish in the petition, to the satisfaction of the court,
both of the following:

(1) There has been a change of circumstances based upon a
substantial decline in the availability of compliant housing.

(2) There has been a corresponding increase in the percentage
of sex offenders who are unable to comply with the residency
restriction due to the change of circumstances described in
paragraph (1) since the court ruling on the prior petition.

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begin insert SEC. 3. end insert   

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This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to protect the public at the earliest possible time, it is
necessary that this act take effect immediately.

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SECTION 1.  

Section 70900 of the Education Code is amended
to read:

70900.  

There is hereby established the California Community
Colleges, a postsecondary education system consisting of
community college districts established pursuant to law and the
Board of Governors of the California Community Colleges. The
board of governors shall carry out the functions specified in Section
70901, and local districts shall carry out the functions specified in
Section 70902.

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