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 who is required to register for an offense committed against a minor frombegin delete residing orend delete being present at schools, parks, day care centers, or other locations where children regularly gather 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 tobegin delete reside orend delete be present at those locations within the local agency’s jurisdiction if the person is required to register for an offense committed against a minor.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 290.03 of the Penal Code is amended to
2read:
(a) The Legislature finds and declares that a
4comprehensive system of risk assessment, supervision, monitoring,
5and containment for registered sex offenders residing in California
6communities is necessary to enhance public safety and reduce the
7risk of recidivism posed by these offenders. The Legislature further
8affirms and incorporates the following findings and declarations,
9previously reflected in its enactment of “Megan’s Law”:
10(1) Sex offenders pose a potentially high risk of committing
11further sex offenses after release from incarceration or commitment,
12and the protection of the public from reoffending by these offenders
13is a paramount
public interest.
14(2) It is a compelling and necessary public interest that the public
15have information concerning persons convicted of offenses
16involving unlawful sexual behavior collected pursuant to Sections
17290 and 290.4 to allow members of the public to adequately protect
18themselves and their children from these persons.
19(3) Persons convicted of these offenses involving unlawful
20sexual behavior have a reduced expectation of privacy because of
21the public’s interest in public safety.
22(4) In balancing the offenders’ due process and other rights
23against the interests of public security, the Legislature finds that
24releasing information about sex offenders under the circumstances
25specified in the Sex Offender Punishment,
Control, and
26Containment Act of 2006 will further the primary governmental
27interest of protecting vulnerable populations from potential harm.
28(5) The registration of sex offenders, the public release of
29specified information about certain sex offenders pursuant to
P3 1Sections 290 and 290.4, and public notice of the presence of certain
2high-risk sex offenders in communities will further the
3governmental interests of public safety and public scrutiny of the
4criminal and mental health systems that deal with these offenders.
5(6) To protect the safety and general welfare of the people of
6this state, it is necessary to provide for continued registration of
7sex offenders, for the public release of specified information
8regarding certain more serious sex offenders, and for community
9notification
regarding high-risk sex offenders who are about to be
10released from custody or who already reside in communities in
11this state. This policy of authorizing the release of necessary and
12relevant information about serious and high-risk sex offenders to
13members of the general public is a means of ensuring public
14protection and shall not be construed as punitive.
15(7) The Legislature also declares, however, that in making
16information available about certain sex offenders to the public, it
17
does not intend that the information be used to inflict retribution
18 or additional punishment on any person convicted of a sex offense.
19While the Legislature is aware of the possibility of misuse, it finds
20that the dangers to the public of nondisclosure far outweigh the
21risk of possible misuse of the information. The Legislature is
22further aware of studies in Oregon and Washington indicating that
23community notification laws and public release of similar
24information in those states have resulted in little criminal misuse
25of the information and that the enhancement to public safety has
26been significant.
27(b) In enacting the Sex Offender Punishment, Control, and
28Containment Act of 2006, the Legislature hereby creates a
29standardized, statewide system to identify, assess, monitor and
30contain known sex offenders for the purpose of
reducing the risk
31of recidivism posed by these offenders, thereby protecting victims
32and potential victims from future harm.
33(c) (1) A local agency is not preempted by state law from
34enacting and enforcing an ordinance that restricts a person required
35to register pursuant to Section 290 for an offense committed against
36a minor frombegin delete residing orend delete being present at schools, parks, day care
37centers, or other locations where children regularly gather within
38the local agency’s jurisdiction.
39(2) A local agency may adopt ordinances, rules, or regulations
40that are more restrictive than state law relating to a person’s ability
P4 1tobegin delete reside orend delete
be present at schools, parks, day care centers, or other
2locations where children regularly gather within the local agency’s
3jurisdiction when the person is required to register pursuant to
4Section 290 for an offense committed against a minor.
5(3) For purposes of this subdivision, “local agency” means a
6city, county, or city and county.
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