Amended in Senate April 6, 2015

Senate Bill No. 267

Introduced by Senator Leyva

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(Coauthor: Assembly Member Steinorth)

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February 19, 2015

An act to amend Section 290.03 of the Penal Code, relating to registered sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

SB 267, as amended, Leyva. Registered sex offenders: local ordinances.

Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Existing law, as adopted by the voters by the passage of Proposition 83 at the November 7, 2006, statewide general election, prohibits a person who is required to register as a sex offender from living in specified places, including within 2,000 feet of a school or park where children regularly gather. Existing law authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of the registered sex offender. Existing law makes it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person’s parole agent.

This bill would state that a local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a registered sex offender begin insert who is required to register for an offense committed against a minor end insert from residing or being present at begin delete certain locations end delete begin insert schools, parks, day care centers, or other locations where children regularly gather end insert within the local agency’s jurisdiction. The bill would authorize a local agency to adopt ordinances, rules, or regulations that are more restrictive than state law relating to a registered sex offender’s ability to reside or be present at begin delete certain end delete begin insert those end insert locations within the local agency’s jurisdiction begin insert if the person is required to register for an offense committed against a minor end insert .

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 290.03 of the Penal Code is amended to
read:

290.03.  

(a) The Legislature finds and declares that a
comprehensive system of risk assessment, supervision, begin delete monitoring end delete
begin insert monitoring, end insert and containment for registered sex offenders residing
in California communities is necessary to enhance public safety
and reduce the risk of recidivism posed by these offenders. The
Legislature further affirms and incorporates the following findings
and declarations, previously reflected in its enactment of “Megan’s
Law”:

(1) Sex offenders pose a potentially high risk of committing
further sex offenses after release from incarceration or commitment,
and the protection of the public from reoffending by these offenders
is a paramount public interest.

(2) It is a compelling and necessary public interest that the public
have information concerning persons convicted of offenses
involving unlawful sexual behavior collected pursuant to Sections
290 and 290.4 to allow members of the public to adequately protect
themselves and their children from these persons.

(3) Persons convicted of these offenses involving unlawful
sexual behavior have a reduced expectation of privacy because of
the public’s interest in public safety.

(4) In balancing the offenders’ due process and other rights
against the interests of public security, the Legislature finds that
releasing information about sex offenders under the circumstances
specified in the Sex Offender Punishment, Control, and
Containment Act of 2006 will further the primary governmental
interest of protecting vulnerable populations from potential harm.

(5) The registration of sex offenders, the public release of
specified information about certain sex offenders pursuant to
Sections 290 and 290.4, and public notice of the presence of certain
high-risk sex offenders in communities will further the
governmental interests of public safety and public scrutiny of the
criminal and mental health systems that deal with these offenders.

(6) To protect the safety and general welfare of the people of
this state, it is necessary to provide for continued registration of
sex offenders, for the public release of specified information
regarding certain more serious sex offenders, and for community
notification regarding high-risk sex offenders who are about to be
released from custody or who already reside in communities in
this state. This policy of authorizing the release of necessary and
relevant information about serious and high-risk sex offenders to
members of the general public is a means of begin delete assuring end delete begin insert ensuring end insert
public protection and shall not be construed as punitive.

(7) The Legislature also declares, however, that in making
information available about certain sex offenders to the public, it
does not intend that the information be used to inflict retribution
or additional punishment on any person convicted of a sex offense.
While the Legislature is aware of the possibility of misuse, it finds
that the dangers to the public of nondisclosure far outweigh the
risk of possible misuse of the information. The Legislature is
further aware of studies in Oregon and Washington indicating that
community notification laws and public release of similar
information in those states have resulted in little criminal misuse
of the information and that the enhancement to public safety has
been significant.

(b) In enacting the Sex Offender Punishment, Control, and
Containment Act of 2006, the Legislature hereby creates a
standardized, statewide system to identify, assess, monitor and
contain known sex offenders for the purpose of reducing the risk
of recidivism posed by these offenders, thereby protecting victims
and potential victims from future harm.

(c) (1) A local agency is not preempted by state law from
enacting and enforcing an ordinance that restricts a person required
to register pursuant to Section 290 begin insert for an offense committed against
a minor end insert from residing or being present at begin delete certain locations end delete begin insert schools,
parks, day care centers, or other locations where children regularly
gather end insert within the local agency’s jurisdiction.

(2) A local agency may adopt ordinances, rules, or regulations
that are more restrictive than state law relating to a person’s ability
to reside or be present at begin delete certain locations end delete begin insert schools, parks, day care
centers, or other locations where children regularly gather end insert within
the local agency’s jurisdiction when the person is required to
register pursuant to Section begin delete 290. end delete begin insert 290 for an offense committed
against a minor. end insert

(3) For purposes of this subdivision, “local agency” means a
city, county, or city and county.