Amended in Assembly January 4, 2016

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)

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(Coauthors: Senators Hall and Runner)

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(Coauthor: Assembly Member Mathis)

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February 25, 2015


An act to amend Sections 290.012, 290.014,begin delete and 290.024end deletebegin insert 290.024, and 290.45end insert 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 Actbegin insert (the Act)end insert 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 its objectives. 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.begin delete The bill would require a person subject to sex offender registration for a crime where the use of the Internet was essential to the commission of the crime 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 to any 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.end deletebegin insert The bill would requireend insertbegin insert a person who is convicted of a felony on or after January 1, 2016, requiring registration pursuant to the Act, under any one of specified circumstances, including when the person used the Internet to collect any private information to identify a victim of the crime to further the commission of the crime, to register his or her Internet identifiers, as defined, and to send written notice to the law enforcement agency or agencies with which he or she is currently registered when he or she establishes or changes an Internet identifier within 30 working days of the addition or change, as specified. The bill would require a law enforcement agency to which this information has been submitted to make the information available to the Department of Justice. The bill would require a designated law enforcement entity to only use an Internet identifier submitted pursuant to these provisions, or to release that Internet identifier to another law enforcement entity, for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking. The bill would prohibit a designated law enforcement entity from disclosing or authorizing persons or entities to disclose an Internet identifier submitted pursuant to these provisions to the public or other persons, except as required by court order.end insert

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:

P3    1

SECTION 1.  

It is the intent of the Legislature to further the
2objectives of the Californians Against Sexual Exploitation Act, an
3initiative measure enacted by the approval of Proposition 35 at the
4November 6, 2012, statewide general election, by amending its
5provisions to conform with the requirements of the court in the
6case of Doe v. Harris (Case numbers 13-15263 and 13-15267).

7

SEC. 2.  

Section 290.012 of the Penal Code is amended to read:

8

290.012.  

(a) Beginning on his or her first birthday following
9registration or change of address, the person shall be required to
10register annually, within five working days of his or her birthday,
11to update his or her registration with the entities described in
12subdivision (b) of Section 290. At the annual update, the person
13shall provide current information as required on the Department
14of Justice annual update form, including the information described
15in paragraphs (1) to (4), inclusive, of subdivision (a) of Section
16290.015. The registering agency shall give the registrant a copy
17of the registration requirements from the Department of Justice
18form.

19(b) In addition, every person who has ever been adjudicated a
20sexually violent predator, as defined in Section 6600 of the Welfare
P4    1and Institutions Code, shall, after his or her release from custody,
2verify his or her address no less than once every 90 days and place
3of employment, including the name and address of the employer,
4in a manner established by the Department of Justice. Every person
5who, as a sexually violent predator, is required to verify his or her
6registration every 90 days, shall be notified wherever he or she
7next registers of his or her increased registration obligations. This
8notice shall be provided in writing by the registering agency or
9agencies. Failure to receive this notice shall be a defense to the
10penalties prescribed in subdivision (f) of Section 290.018.

11(c) In addition, every person subject to the Act, while living as
12a transient in California, shall update his or her registration at least
13every 30 days, in accordance with Section 290.011.

14(d) No entity shall require a person to pay a fee to register or
15update his or her registration pursuant to this section. The
16registering agency shall submit registrations, including annual
17updates or changes of address, directly into the Department of
18Justice California Sex and Arson Registry (CSAR).

19

SEC. 3.  

Section 290.014 of the Penal Code is amended to read:

20

290.014.  

(a) If any person who is required to register pursuant
21to the Act changes his or her name, the person shall inform, in
22person, the law enforcement agency or agencies with which he or
23she is currently registered within five working days. The law
24enforcement agency or agencies shall forward a copy of this
25information to the Department of Justice within three working
26days of its receipt.

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27(b) (1) If any person who is required to register pursuant to the
28Act for a crime where the use of the Internet was essential to the
29commission of the crime adds or changes an Internet identifier, as
30described in Section 290.024, the person shall send written notice
31of the addition or change to the law enforcement agency or agencies
32with which he or she is currently registered within five working
33days. Each person to whom this paragraph applies at the time this
34paragraph becomes effective shall immediately provide the
35information required by this paragraph within five working days.

36(2) (A) A law enforcement agency to which an Internet
37identifier is submitted pursuant to this subdivision, Section
38290.012, or Section 290.015 shall make the Internet identifier
39available to the Department of Justice.

P5    1(B) Except as provided in subparagraph (A), a law enforcement
2agency to which an Internet identifier is submitted pursuant to this
3subdivision, Section 290.012, or Section 290.015 may only release
4that Internet identifier to another law enforcement agency for the
5sole purpose of preventing or investigating a sex-related crime, a
6kidnapping, or human trafficking.

7(C) Notwithstanding Sections 290.45 and 290.46, a law
8enforcement agency shall not disclose an Internet identifier
9submitted pursuant to this subdivision, Section 290.012, or Section
10290.015 to the public, except that the Attorney General may
11disclose an Internet identifier to another person if the Attorney
12General has determined, based on specific, articulable facts, that
13the disclosure is likely to protect members of the public from
14sex-related crimes, kidnappings, or human trafficking, and the
15person to whom the disclosure is made signs an oath promising to
16use the information only for the identified purpose, to maintain
17the confidentiality of the information, and to refrain from disclosing
18the information to anyone who has not been granted access to the
19information by the Attorney General.

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20(b) If any person who is required to register Internet identifiers
21pursuant to Section 290.024 adds or changes an Internet identifier,
22as defined in Section 290.024, the person shall send written notice
23by mail of the addition or change to the law enforcement agency
24or agencies with which he or she is currently registered within 30
25working days of the addition or change. The law enforcement
26agency or agencies shall make the information available to the
27Department of Justice.

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28

SEC. 4.  

Section 290.015 of the Penal Code, as amended
13
29 November 6, 2012, by initiative Proposition 35, Section 12, is
30amended to read:

31

290.015.  

(a) A person who is subject to the Act shall register,
32or reregister if he or she has previously registered, upon release
33from incarceration, placement, commitment, or release on probation
34pursuant to subdivision (b) of Section 290. This section shall not
35apply to a person who is incarcerated for less than 30 days if he
36or she has registered as required by the Act, he or she returns after
37incarceration to the last registered address, and the annual update
38of registration that is required to occur within five working days
39of his or her birthday, pursuant to subdivision (a) of Section
P6    1290.012, did not fall within that incarceration period. The
2registration shall consist of all of the following:

3(1) A statement in writing signed by the person, giving
4information as shall be required by the Department of Justice and
5giving the name and address of the person’s employer, and the
6address of the person’s place of employment if that is different
7from the employer’s main address.

8(2) The fingerprints and a current photograph of the person
9taken by the registering official.

10(3) The license plate number of any vehicle owned by, regularly
11driven by, or registered in the name of the person.

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12(4) If the person is required to register for a crime where the
13use of the Internet was essential to the commission of the crime,
14a list of any and all Internet identifiers used by the person for
15communicative purposes, as defined in Section 290.024.

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16(4) A list of all Internet identifiers actually used by the person,
17as required by Section 290.024.

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18(5) A statement in writing, signed by the person, acknowledging
19that the person is required to register and update the information
20in paragraph (4), as required by this chapter.

21(6) Notice to the person that, in addition to the requirements of
22the Act, he or she may have a duty to register in any other state
23where he or she may relocate.

24(7) Copies of adequate proof of residence, which shall be limited
25to a California driver’s license, California identification card, recent
26rent or utility receipt, printed personalized checks or other recent
27banking documents showing that person’s name and address, or
28any other information that the registering official believes is
29reliable. If the person has no residence and no reasonable
30expectation of obtaining a residence in the foreseeable future, the
31person shall so advise the registering official and shall sign a
32statement provided by the registering official stating that fact.
33Upon presentation of proof of residence to the registering official
34or a signed statement that the person has no residence, the person
35shall be allowed to register. If the person claims that he or she has
36a residence but does not have any proof of residence, he or she
37shall be allowed to register but shall furnish proof of residence
38within 30 days of the date he or she is allowed to register.

39(b) Within three days thereafter, the registering law enforcement
40agency or agencies shall forward the statement, fingerprints,
P7    1photograph, and vehicle license plate number, if any, to the
2Department of Justice.

3(c) (1) If a person fails to register in accordance with
4subdivision (a) after release, the district attorney in the jurisdiction
5where the person was to be paroled or to be on probation may
6request that a warrant be issued for the person’s arrest and shall
7have the authority to prosecute that person pursuant to Section
8290.018.

9(2) If the person was not on parole or probation or on postrelease
10community supervision or mandatory supervision at the time of
11release, the district attorney in the following applicable jurisdiction
12shall have the authority to prosecute that person pursuant to Section
13290.018:

14(A) If the person was previously registered, in the jurisdiction
15in which the person last registered.

16(B) If there is no prior registration, but the person indicated on
17the Department of Justice notice of sex offender registration
18requirement form where he or she expected to reside, in the
19jurisdiction where he or she expected to reside.

20(C) If neither subparagraph (A) nor (B) applies, in the
21jurisdiction where the offense subjecting the person to registration
22pursuant to this Act was committed.

23

SEC. 5.  

Section 290.015 of the Penal Code, as amended by
24Section 17 of Chapter 867 of the Statutes of 2012, is repealed.

25

SEC. 6.  

Section 290.024 of the Penal Code is amended to read:

26

290.024.  

For purposes of thisbegin delete chapter,end deletebegin insert chapter:end insert

begin delete

27“Internet identifier” means an electronic mail address, user name,
28screen name, or similar identifier actually used to participate in
29online communications, including, but not limited to, Internet
30forum discussions, Internet chat room discussions, emailing, instant
31messaging, social networking, or similar methods of
32communicating online. For the purpose of this chapter, an “Internet
33identifier” does not include Internet passwords, or any electronic
34mail address, user name, screen name, or similar identifier used
35solely to read online content, or solely for transactions with a lawful
36commercial enterprise or government agency concerning a lawful
37commercial or governmental transaction with that enterprise or
38agency.

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begin insert

39(a) A person who is convicted of a felony on or after January
401, 2016, requiring registration pursuant to the Act, shall register
P8    1his or her Internet identifiers if a court determines at the time of
2sentencing that any of the following apply:

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begin insert

3(1) The person used the Internet to collect any private
4information to identify a victim of the crime to further the
5commission of the crime.

end insert
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6(2) The person was convicted of a felony pursuant to subdivision
7(b) or (c) of Section 236.1 and used an electronic communication
8device, as defined under subdivision (b) of Section 653.2, to traffic
9a victim of the crime.

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10(3) The person was convicted of a felony pursuant to Chapter
117.5 (commencing with Section 311) and used an electronic
12communication device, as defined under subdivision (b) of Section
13653.2, to prepare, publish, distribute, send, exchange, or download
14the obscene matter or matter depicting a minor engaging in sexual
15conduct, as defined in subdivision (d) of Section 311.4.

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16(b) For purposes of this chapter:

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17(1) “Internet identifier” means any electronic mail address or
18user name used for instant messaging or social networking that
19is actually used for direct communication between users on the
20Internet in a manner that makes the communication not accessible
21to the general public. “Internet identifier” does not include Internet
22passwords, date of birth, social security number, or PIN number.

end insert
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23(2) “Private information” means any information that identifies
24or describes an individual, including, but not limited to, his or her
25name; electronic mail, chat, instant messenger, social networking,
26or similar name used for Internet communication; social security
27number; account numbers; passwords; personal identification
28numbers; physical description; physical location; home address;
29home telephone number; education; financial matters; medical or
30employment history; and statements made by, or attributed to, the
31individual.

end insert
32begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 290.45 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

33

290.45.  

(a) (1) Notwithstanding any otherbegin delete provision ofend delete law,
34and except as provided in paragraph (2), any designated law
35enforcement entity may provide information to the public about a
36person required to register as a sex offender pursuant to Section
37290, by whatever means the entity deems appropriate, when
38necessary to ensure the public safety based upon information
39available to the entity concerning that specific person.

P9    1(2) The law enforcement entity shall include, with the disclosure,
2a statement that the purpose of the release of information is to
3allow members of the public to protect themselves and their
4children from sex offenders.

5(3) Community notification by way of an Internet Web site shall
6be governed by Section 290.46, and a designated law enforcement
7entity may not post on an Internet Web site any information
8identifying an individual as a person required to register as a sex
9offender except as provided in that section unless there is a warrant
10outstanding for that person’s arrest.

11(b) Information that may be provided pursuant to subdivision
12(a) may include, but is not limited to, the offender’s name, known
13aliases, gender, race, physical description, photograph, date of
14birth, address, which shall be verified prior to publication,
15description and license plate number of the offender’s vehicles or
16vehicles the offender is known to drive, type of victim targeted by
17the offender, relevant parole or probation conditions, crimes
18resulting in classification under this section, and date of release
19from confinement, but excluding information that would identify
20the victim.begin insert It shall not include any Internet identifier submitted
21pursuant to this chapter.end insert

22(c) (1) The designated law enforcement entity may authorize
23persons and entities who receive the information pursuant to this
24section to disclose information to additional persons only if the
25entity determines that disclosure to the additional persons will
26enhance the public safety and identifies the appropriate scope of
27further disclosure. A law enforcement entity may not authorize
28any disclosure of this information bybegin delete its placementend deletebegin insert placing that
29informationend insert
on an Internet Webbegin delete site.end deletebegin insert site, and shall not authorize
30disclosure of Internet identifiers submitted pursuant to this chapter,
31except as provided in subdivision (h).end insert

32(2) A person who receives information from a law enforcement
33entity pursuant to paragraph (1) may disclose that information only
34in the manner and to the extent authorized by the law enforcement
35entity.

36(d) (1) A designated law enforcement entity and its employees
37shall be immune from liability for good faith conduct under this
38section.

39(2) Any public or private educational institution, day care
40facility, or any child care custodian described in Section 11165.7,
P10   1or any employee of a public or private educational institution or
2day care facility which in good faith disseminates information as
3authorized pursuant to subdivision (c) shall be immune from civil
4liability.

5(e) (1) Any person who uses information disclosed pursuant to
6this section to commit a felony shall be punished, in addition and
7consecutive to any other punishment, by a five-year term of
8imprisonment pursuant to subdivision (h) of Section 1170.

9(2) Any person who uses information disclosed pursuant to this
10section to commit a misdemeanor shall be subject to, in addition
11to any other penalty or fine imposed, a fine of not less than five
12hundred dollars ($500) and not more than one thousand dollars
13($1,000).

14(f) For purposes of this section, “designated law enforcement
15entity” means the Department of Justice, every district attorney,
16the Department of Corrections, the Department of the Youth
17Authority, and every state or local agency expressly authorized by
18statute to investigate or prosecute law violators.

19(g) The public notification provisions of this section are
20applicable to every person required to register pursuant to Section
21290, without regard to when his or her crimes were committed or
22his or her duty to register pursuant to Section 290 arose, and to
23every offense described in Section 290, regardless of when it was
24committed.

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25(h) (1) Notwithstanding any other law, a designated law
26enforcement entity shall only use an Internet identifier submitted
27pursuant to this chapter, or release that Internet identifier to
28another law enforcement entity, for the purpose of investigating
29a sex-related crime, a kidnapping, or human trafficking.

end insert
begin insert

30(2) A designated law enforcement entity shall not disclose or
31authorize persons or entities to disclose an Internet identifier
32submitted pursuant to this chapter to the public or other persons,
33except as required by court order.

end insert
34

begin deleteSEC. 7.end delete
35begin insertSEC. 8.end insert  

The Legislature finds and declares thatbegin delete Section 3 ofend delete
36 this act, which amends Sectionbegin delete 290.014end deletebegin insert 290.45end insert of the Penal Code,
37imposes a limitation on the public’s right of access to the meetings
38of public bodies or the writings of public officials and agencies
39within the meaning of Section 3 of Article I of the California
40Constitution. Pursuant to that constitutional provision, the
P11   1Legislature makes the following findings to demonstrate the interest
2protected by this limitation and the need for protecting that interest:

3In order to protect the rights afforded by the First Amendment
4to the United States Constitution, it is necessary that Internet
5identifier information provided to law enforcement agencies by
6registerable sex offenders as part of their registration not be made
7generally available to the public.

8

begin deleteSEC. 8.end delete
9begin insertSEC. 9.end insert  

This act is an urgency statute necessary for the
10immediate preservation of the public peace, health, or safety within
11the meaning of Article IV of the Constitution and shall go into
12immediate effect. The facts constituting the necessity are:

13In order to protect the rights afforded by the First Amendment
14to the United States Constitution while furthering the objectives
15of the Californians Against Sexual Exploitation Act, an initiative
16measure enacted by the approval of Proposition 35 at the November
176, 2012, statewide general election, at the earliest possible time,
18it is necessary that this act take effect immediately.



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