Amended in Senate August 18, 2015

Amended in Senate June 17, 2015

Amended in Senate April 15, 2015

Senate BillNo. 448


Introduced by Senator Hueso

(Principal coauthor: Senator Galgiani)

February 25, 2015


An act to amend Sections 290.012, 290.014, and 290.024 of, and to amend and repeal Section 290.015 of, the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

SB 448, as amended, Hueso. Sex offenders: Internet identifiers.

Existing law, the Californians Against Sexual Exploitation Act, an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election (CASE Act), requires a person who is subject to the Sex Offender Registration Act to list any and all Internet identifiers established or used by the person and any and all Internet service providers used by the person on his or her sex offender registration. The CASE Act requires a person subject to sex offender registration to send written notice of any addition of, or change to, an Internet identifier or Internet service provider to the law enforcement agency with which he or she is currently registered within 24 hours. Existing case law currently enjoins the application of the above provisions of the CASE Act through the imposition of a preliminary injunction on the grounds that these provisions violate the First Amendment to the United States Constitution. The CASE Act allows its provisions to be amended by a statute in furtherance of its objectives passed in each house of the Legislature by a majority vote of the membership.

This bill would state the intent of the Legislature to amend the CASE Act to further itsbegin delete purposes.end deletebegin insert objectives.end insert The bill would delete the requirement that a person subject to sex offender registration list on his or her sex offender registration all Internet service providers used by him or her. The bill would require a person subject to sex offender registrationbegin insert for a crime where the use of the Internet was essential to the commission of the crimeend insert to list only those Internet identifiers actually used to participate in online communications, as specified. The bill would require the registrant to send written notice of any addition of, or change to, an Internet identifier tobegin delete theend deletebegin insert anyend insert law enforcement agency with which he or she is currently registered within 5 working days. The bill would authorize a law enforcement agency to which this information has been submitted to make the information available to another law enforcement agency for the sole purpose of preventing or investigating a sex-related crime, a kidnapping, or human trafficking, and would prohibit a law enforcement agency from disclosing this information to the public. The bill would authorize the Attorney General to disclose the information to another person if the Attorney General determines, based on specific, articulable facts, that the disclosure is likely to protect members of the public from sex-related crimes, kidnappings, or human trafficking, and the person to whom the disclosure is made signs an oath, as specified.

The bill would make other technical, nonsubstantive changes.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

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

Vote: 23. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

It is the intent of the Legislature to further the
2objectives of the Californians Against Sexual Exploitation Act, an
P3    1initiative measure enacted by the approval of Proposition 35 at the
2November 6, 2012, statewide general election, by amending its
3provisions to conform with the requirements of the court in the
4case of Doe v. Harris (Case numbers 13-15263 and 13-15267).

5

SEC. 2.  

Section 290.012 of the Penal Code is amended to read:

6

290.012.  

(a) Beginning on his or her first birthday following
7registration or change of address, the person shall be required to
8register annually, within five working days of his or her birthday,
9to update his or her registration with the entities described in
10subdivision (b) of Section 290. At the annual update, the person
11shall provide current information as required on the Department
12of Justice annual update form, including the information described
13in paragraphs (1) to (4), inclusive, of subdivision (a) of Section
14290.015. The registering agency shall give the registrant a copy
15of the registration requirements from the Department of Justice
16form.

17(b) In addition, every person who has ever been adjudicated a
18sexually violent predator, as defined in Section 6600 of the Welfare
19and Institutions Code, shall, after his or her release from custody,
20verify his or her address no less than once every 90 days and place
21of employment, including the name and address of the employer,
22in a manner established by the Department of Justice. Every person
23who, as a sexually violent predator, is required to verify his or her
24registration every 90 days, shall be notified wherever he or she
25next registers of his or her increased registration obligations. This
26notice shall be provided in writing by the registering agency or
27agencies. Failure to receive this notice shall be a defense to the
28penalties prescribed in subdivision (f) of Section 290.018.

29(c) In addition, every person subject to the Act, while living as
30a transient in California, shall update his or her registration at least
31every 30 days, in accordance with Section 290.011.

32(d) No entity shall require a person to pay a fee to register or
33update his or her registration pursuant to this section. The
34registering agency shall submit registrations, including annual
35updates or changes of address, directly into the Department of
36Justice California Sex and Arson Registry (CSAR).

37

SEC. 3.  

Section 290.014 of the Penal Code is amended to read:

38

290.014.  

(a) If any person who is required to register pursuant
39to the Act changes his or her name, the person shall inform, in
40person, the law enforcement agency or agencies with which he or
P4    1she is currently registered within five working days. The law
2enforcement agency or agencies shall forward a copy of this
3information to the Department of Justice within three working
4days of its receipt.

5(b) (1) If any person who is required to register pursuant to the
6Actbegin insert for a crime where the use of the Internet was essential to the
7commission of the crimeend insert
adds or changes an Internet identifier, as
8described in Section 290.024, the person shall send written notice
9of the addition or change to the law enforcement agency or agencies
10with which he or she is currently registered within five working
11days. Each person to whom this paragraph applies at the time this
12paragraph becomes effective shall immediately provide the
13information required by this paragraph within five working days.

14(2) (A) A law enforcement agency to which an Internet
15identifier is submitted pursuant to this subdivision, Section
16290.012, or Section 290.015 shall make the Internet identifier
17available to the Department of Justice.

18(B) begin deleteA end deletebegin insertExcept as provided in subparagraph (A), a end insertlaw
19enforcement agency to which an Internet identifier is submitted
20 pursuant to this subdivision, Section 290.012, or Section 290.015
21may only release that Internet identifier to another law enforcement
22agency for the sole purpose of preventing or investigating a
23sex-related crime, a kidnapping, or human trafficking.

24(C) Notwithstanding Sections 290.45 and 290.46, a law
25enforcement agency shall not disclose an Internet identifier
26submitted pursuant to this subdivision, Section 290.012, or Section
27290.015 to the public, except that the Attorney General may
28disclose an Internet identifier to another person if the Attorney
29General has determined, based on specific, articulable facts, that
30the disclosure is likely to protect members of the public from
31sex-related crimes, kidnappings, or human trafficking, and the
32person to whom the disclosure is made signs an oath promising to
33use the information only for the identified purpose, to maintain
34the confidentiality of the information, and to refrain from disclosing
35the information to anyone who has not been granted access to the
36information by the Attorney General.

37

SEC. 4.  

Section 290.015 of the Penal Code, as amended
13
38 November 6, 2012, by initiative Proposition 35, Section 12, is
39amended to read:

P5    1

290.015.  

(a) A person who is subject to the Act shall register,
2or reregister if he or she has previously registered, upon release
3from incarceration, placement, commitment, or release on probation
4pursuant to subdivision (b) of Section 290. This section shall not
5apply to a person who is incarcerated for less than 30 days if he
6or she has registered as required by the Act, he or she returns after
7incarceration to the last registered address, and the annual update
8of registration that is required to occur within five working days
9of his or her birthday, pursuant to subdivision (a) of Section
10290.012, did not fall within that incarceration period. The
11registration shall consist of all of the following:

12(1) A statement in writing signed by the person, giving
13information as shall be required by the Department of Justice and
14giving the name and address of the person’s employer, and the
15address of the person’s place of employment if that is different
16from the employer’s main address.

17(2) The fingerprints and a current photograph of the person
18taken by the registering official.

19(3) The license plate number of any vehicle owned by, regularly
20driven by, or registered in the name of the person.

21(4) begin deleteA end deletebegin insertIf the person is required to register for a crime where the
22use of the Internet was essential to the commission of the crime,
23a end insert
list of any and all Internet identifiers used by the person for
24communicative purposes, as defined in Section 290.024.

25(5) A statement in writing, signed by the person, acknowledging
26that the person is required to register and update the information
27in paragraph (4), as required by this chapter.

28(6) Notice to the person that, in addition to the requirements of
29the Act, he or she may have a duty to register in any other state
30where he or she may relocate.

31(7) Copies of adequate proof of residence, which shall be limited
32to a California driver’s license, California identification card, recent
33rent or utility receipt, printed personalized checks or other recent
34banking documents showing that person’s name and address, or
35any other information that the registering official believes is
36reliable. If the person has no residence and no reasonable
37expectation of obtaining a residence in the foreseeable future, the
38person shall so advise the registering official and shall sign a
39statement provided by the registering official stating that fact.
40Upon presentation of proof of residence to the registering official
P6    1or a signed statement that the person has no residence, the person
2shall be allowed to register. If the person claims that he or she has
3a residence but does not have any proof of residence, he or she
4shall be allowed to register but shall furnish proof of residence
5within 30 days of the date he or she is allowed to register.

6(b) Within three days thereafter, the registering law enforcement
7agency or agencies shall forward the statement, fingerprints,
8photograph, and vehicle license plate number, if any, to the
9Department of Justice.

10(c) (1) If a person fails to register in accordance with
11subdivision (a) after release, the district attorney in the jurisdiction
12where the person was to be paroled or to be on probation may
13request that a warrant be issued for the person’s arrest and shall
14have the authority to prosecute that person pursuant to Section
15290.018.

16(2) If the person was not on parole or probation or on postrelease
17community supervision or mandatory supervision at the time of
18release, the district attorney in the following applicable jurisdiction
19shall have the authority to prosecute that person pursuant to Section
20290.018:

21(A) If the person was previously registered, in the jurisdiction
22in which the person last registered.

23(B) If there is no prior registration, but the person indicated on
24the Department of Justice notice of sex offender registration
25requirement form where he or she expected to reside, in the
26jurisdiction where he or she expected to reside.

27(C) If neither subparagraph (A) nor (B) applies, in the
28jurisdiction where the offense subjecting the person to registration
29pursuant to this Act was committed.

30

SEC. 5.  

Section 290.015 of the Penal Code, as amended by
31Section 17 of Chapter 867 of the Statutes of 2012, is repealed.

32

SEC. 6.  

Section 290.024 of the Penal Code is amended to read:

33

290.024.  

For purposes of this chapter,

34“Internet identifier” means an electronic mail address, user name,
35screen name, or similar identifier actually used to participate in
36online communications, including, but not limited to, Internet
37forum discussions, Internet chat room discussions, emailing, instant
38messaging, social networking, or similar methods of
39communicating online. For the purpose of this chapter, an “Internet
40identifier” does not include Internet passwords, or any electronic
P7    1mail address, user name, screen name, or similar identifier used
2solely to read online content, or solely for transactions with a lawful
3commercial enterprise or government agency concerning a lawful
4commercial or governmental transaction with that enterprise or
5agency.

6

SEC. 7.  

The Legislature finds and declares that Section 3 of
7this act, which amends Section 290.014 of the Penal Code, imposes
8a limitation on the public’s right of access to the meetings of public
9bodies or the writings of public officials and agencies within the
10meaning of Section 3 of Article I of the California Constitution.
11Pursuant to that constitutional provision, the Legislature makes
12the following findings to demonstrate the interest protected by this
13limitation and the need for protecting that interest:

14In order to protect the rights afforded by the First Amendment
15to the United States Constitution, it is necessary that Internet
16identifier information provided to law enforcement agencies by
17registerable sex offenders as part of their registration not be made
18generally available to the public.

19

SEC. 8.  

This act is an urgency statute necessary for the
20immediate preservation of the public peace, health, or safety within
21the meaning of Article IV of the Constitution and shall go into
22immediate effect. The facts constituting the necessity are:

23In order to protect the rights afforded by the First Amendment
24to the United States Constitution while furthering the objectives
25of the Californians Against Sexual Exploitation Act, an initiative
26measure enacted by the approval of Proposition 35 at the November
276, 2012, statewide general election, at the earliest possible time,
28it is necessary that this act take effect immediately.



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