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 (the 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 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. The bill would require a person who is convicted of a felony on or after January 1, 2017, that requires registration pursuant to the Act, and one or more specified circumstances, including that 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 within 30 days of establishing or changing an Internet identifier, 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.
Existing law makes a person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the act guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year.
This bill would make a person who fails to provide his or her Internet identifiers, as required by the bill, regardless of the offense upon which the duty to register is based, guilty of a misdemeanor punishable in a county jail not exceeding 6 months. By creating a new crime, the bill would impose a state-mandated local program.
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.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
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).
Section 290.012 of the Penal Code is amended to read:
(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
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).
Section 290.014 of the Penal Code is amended to read:
(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.
27(b) If any person who is required to register Internet identifiers
28pursuant to Section 290.024 adds or changes an Internet identifier,
29as defined in Section 290.024, the person shall send written notice
30by mail of the addition or change to the law enforcement agency
31or agencies with which he or she is currently registered within 30
32working days of the addition or change. The law enforcement
33agency or agencies shall make the information available to the
34Department of Justice.
Section 290.015 of the Penal Code, as amended
36 November 6, 2012, by initiative Proposition 35, Section 12, is
37amended to read:
(a) A person who is subject to the Act shall register,
39or reregister if he or she has previously registered, upon release
40from incarceration, placement, commitment, or release on probation
P5 1pursuant to subdivision (b) of Section 290. This section shall not
2apply to a person who is incarcerated for less than 30 days if he
3or she has registered as required by the Act, he or she returns after
4incarceration to the last registered address, and the annual update
5of registration that is required to occur within five working days
6of his or her birthday, pursuant to subdivision (a) of Section
7290.012, did not fall within that incarceration period. The
8registration shall consist of all of the following:
9(1) A statement in writing signed by the person, giving
10information as shall be required by the Department of Justice and
11giving the name and address of the person’s employer, and the
12address of the person’s place of employment if that is different
13from the employer’s main address.
14(2) The fingerprints and a current photograph of the person
15taken by the registering official.
16(3) The license plate number of any vehicle owned by, regularly
17driven by, or registered in the name of the person.
18(4) A list of all Internet identifiers actually used by the person,
19as required by Section 290.024.
20(5) A statement in writing, signed by the person, acknowledging
21that the person is required to register and update the information
22in paragraph (4), as required by this chapter.
23(6) Notice to the person that, in addition to the requirements of
24the Act, he or she may have a duty to register in any other state
25where he or she may relocate.
26(7) Copies of adequate proof of residence, which shall be limited
27to a California driver’s license, California identification card, recent
28rent or utility receipt, printed personalized checks or other recent
29banking documents showing that person’s name and address, or
30any other information that the registering official believes is
31reliable. If the person has no residence and no reasonable
32expectation of obtaining a residence in the foreseeable future, the
33person shall so advise the registering official and shall sign a
34statement provided by the registering official stating that fact.
35Upon presentation of proof of residence to the registering official
36or a signed statement that the person has no residence, the person
37shall be allowed to register. If the person claims that he or she has
38a residence but does not have any proof of residence, he or she
39shall be allowed to register but shall furnish proof of residence
40within 30 days of the date he or she is allowed to register.
P6 1(b) Within three days thereafter, the registering law enforcement
2agency or agencies shall forward the statement, fingerprints,
3photograph, and vehicle license plate number, if any, to the
4Department of Justice.
5(c) (1) If a person fails to register in accordance with
6subdivision (a) after release, the district attorney in the jurisdiction
7where the person was to be paroled or to be on probation may
8request that a warrant be issued for the person’s arrest and shall
9have the authority to prosecute that person pursuant to Section
11(2) If the person was not on parole or probation or on postrelease
12community supervision or mandatory supervision at the time of
13release, the district attorney in the following applicable jurisdiction
14shall have the authority to prosecute that person pursuant to Section
16(A) If the person was previously registered, in the jurisdiction
17in which the person last registered.
18(B) If there is no prior registration, but the person indicated on
19the Department of Justice notice of sex offender registration
20requirement form where he or she expected to reside, in the
21jurisdiction where he or she expected to reside.
22(C) If neither subparagraph (A) nor (B) applies, in the
23jurisdiction where the offense subjecting the person to registration
24pursuant to this Act was committed.
Section 290.015 of the Penal Code, as amended by
26Section 17 of Chapter 867 of the Statutes of 2012, is repealed.
Section 290.018 of the Penal Code is amended to read:
begin deleteAny end deleteperson who is required to register under
29the Act based on a misdemeanor conviction or juvenile adjudication
30who willfully violates any requirement of the act is guilty of a
31misdemeanor punishable by imprisonment in a county jail not
32exceeding one year.
33(b) Except as provided in subdivisions (f), (h), (i), and (k),
begin delete anyend delete
34 person who is required to register under the act based on a felony
35conviction or juvenile adjudication who willfully violates any
36requirement of the act or who has a prior conviction or juvenile
37adjudication for the offense of failing to register under the act and
38who subsequently and willfully violates any requirement of the
39act is guilty of a felony and shall be punished by imprisonment in
40the state prison for 16 months, or two or three years.
P7 1(c) If probation is granted or if the imposition or execution of
2sentence is suspended, it shall be a condition of the probation or
3suspension that the person serve at least 90 days in a county jail.
4The penalty described in subdivision (b) or this subdivision shall
5apply whether or not the person has been released on parole or has
6been discharged from parole.
begin deleteAny end deleteperson determined to be a mentally disordered sex
8offender or who has been found guilty in the guilt phase of trial
9for an offense for which registration is required under the act, but
10who has been found not guilty by reason of insanity in the sanity
11phase of the trial, or who has had a petition sustained in a juvenile
12adjudication for an offense for which registration is required
13pursuant to Section 290.008, but who has been found not guilty
14by reason of insanity, who willfully violates any requirement of
15the act is guilty of a misdemeanor and shall be punished by
16imprisonment in a county jail not exceeding one year. For any
17second or subsequent willful violation of any requirement of the
18act, the person is guilty of a felony and shall be punished by
19imprisonment in the state prison for 16 months, or two or three
21(e) If, after discharge from parole, the person is convicted of a
22felony or suffers a juvenile adjudication as specified in this act,
23he or she shall be required to complete parole of at least one year,
24in addition to any other punishment imposed under this section.
25A person convicted of a felony as specified in this section may be
26granted probation only in the unusual case where the interests of
27justice would best be served. When probation is granted under this
28act, the court shall specify on the record and shall enter into the
29minutes the circumstances indicating that the interests of justice
30would best be served by the disposition.
begin deleteAny end deleteperson who has ever been adjudicated a sexually
32violent predator, as defined in Section 6600 of the Welfare and
33Institutions Code, and who fails to verify his or her registration
34every 90 days as required pursuant to subdivision (b) of Section
35290.012, shall be punished by imprisonment in the state prison or
36in a county jail not exceeding one year.
37(g) Except as otherwise provided in subdivision (f),
begin delete anyend delete person
38who is required to register or reregister pursuant to Section 290.011
39and willfully fails to comply with the requirement that he or she
40reregister no less than every 30 days is guilty of a misdemeanor
P8 1and shall be punished by imprisonment in a county jail for at least
230 days, but not exceeding six months. A person who willfully
3fails to comply with the requirement that he or she reregister no
4less than every 30 days shall not be charged with this violation
5more often than once for a failure to register in any period of 90
begin delete Anyend delete person who willfully commits a third or subsequent
7violation of the requirements of Section 290.011 that he or she
8reregister no less than every 30 days shall be punished in
9accordance with either subdivision (a) or (b).
begin deleteAny end deleteperson
who fails to provide proof of residence as
11required by paragraph (7) of subdivision (a) of Section 290.015,
12regardless of the offense upon which the duty to register is based,
13is guilty of a misdemeanor punishable by imprisonment in a county
14jail not exceeding six months.
begin deleteAny end deleteperson who fails to provide his or her Internet
16identifiers, as required by paragraph (4) of subdivision (a) of
17Section 290.015, regardless of the offense upon which the duty to
18register is based, is guilty of a misdemeanor punishable in a county
19jail not exceeding six months.
begin deleteAny end deleteperson who is required to register under the act who
21willfully violates any requirement of the act is guilty of a
22continuing offense as to each requirement he or she violated.
23(k) In addition to any other penalty imposed under this section,
24the failure to provide information required on registration and
25reregistration forms of the Department of Justice, or the provision
26of false information, is a crime punishable by imprisonment in a
27county jail for a period not exceeding one year.
begin delete Nothing in this be construed to limit
28subdivision shallend delete
29or prevent prosecution under any applicable
begin delete provision ofend delete
begin delete anyend delete person is released on parole or probation
31and is required to register under the act but fails to do so within
32the time prescribed, the parole authority or the court, as the case
33may be, shall order the parole or probation of the person revoked.
34For purposes of this subdivision, “parole authority” has the same
35meaning as described in Section 3000.
Section 290.024 of the Penal Code is amended to read:
For purposes of this chapter:
38(a) A person who is convicted of a felony on or after January
391, 2017, requiring registration pursuant to the Act, shall register
P9 1his or her Internet identifiers if a court determines at the time of
2sentencing that any of the following apply:
3(1) The person used the Internet to collect any private
4information to identify the victim of the crime to further the
5commission of the crime.
6(2) The person was convicted of a felony pursuant to subdivision
7(b) or (c) of Section 236.1 and used the Internet to traffic the victim
8of the crime.
9(3) The person was convicted of a felony pursuant to Chapter
107.5 (commencing with Section 311) and used the Internet to
11prepare, publish, distribute, send, exchange, or download the
12obscene matter or matter depicting a minor engaging in sexual
13conduct, as defined in subdivision (d) of Section 311.4.
14(b) For purposes of this chapter:
15(1) “Internet identifier” means any electronic mail address or
16user name used for instant messaging or social networking that is
17actually used for direct communication between users on the
18Internet in a manner that makes the communication not accessible
19to the general public. “Internet identifier” does not include Internet
20passwords, date of birth, social security number, or PIN number.
21(2) “Private information” means any information that identifies
22or describes an individual, including, but not limited to, his or her
23name; electronic mail, chat, instant messenger, social networking,
24or similar name used for Internet communication; social security
25number; account numbers; passwords; personal identification
26numbers; physical description; physical location; home address;
27home telephone number; education; financial matters; medical or
28employment history; and statements made by, or attributed to, the
Section 290.45 of the Penal Code is amended to read:
(a) (1) Notwithstanding any other law, and except as
32provided in paragraph (2), any designated law enforcement entity
33may provide information to the public about a person required to
34register as a sex offender pursuant to Section 290, by whatever
35means the entity deems appropriate, when necessary to ensure the
36public safety based upon information available to the entity
37concerning that specific person.
38(2) The law enforcement entity shall include, with the disclosure,
39a statement that the purpose of the release of information is to
P10 1allow members of the public to protect themselves and their
2children from sex offenders.
3(3) Community notification by way of an Internet Web site shall
4be governed by Section 290.46, and a designated law enforcement
5entity may not post on an Internet Web site any information
6identifying an individual as a person required to register as a sex
7offender except as provided in that section unless there is a warrant
8outstanding for that person’s arrest.
9(b) Information that may be provided pursuant to subdivision
10(a) may include, but is not limited to, the offender’s name, known
11aliases, gender, race, physical description, photograph, date of
12birth, address, which shall be verified prior to publication,
13description and license plate number of the offender’s vehicles or
14vehicles the offender is known to drive, type of victim targeted by
15the offender, relevant parole or probation conditions, crimes
16resulting in classification under this section, and date of release
17from confinement, but excluding information that would identify
18the victim. It shall not include any Internet identifier submitted
19pursuant to this chapter.
20(c) (1) The designated law enforcement entity may authorize
21persons and entities who receive the information pursuant to this
22section to disclose information to additional persons only if the
23entity determines that disclosure to the additional persons will
24enhance the public safety and identifies the appropriate scope of
25further disclosure. A law enforcement entity may not authorize
26any disclosure of this information by placing that information on
27an Internet Web site, and shall not authorize disclosure of Internet
28identifiers submitted pursuant to this chapter, except as provided
29in subdivision (h).
30(2) A person who receives information from a law enforcement
31entity pursuant to paragraph (1) may disclose that information only
32in the manner and to the extent authorized by the law enforcement
34(d) (1) A designated law enforcement entity and its employees
35shall be immune from liability for good faith conduct under this
begin deleteAny end deletepublic or private educational institution, day care
begin delete anyend delete child care custodian described in Section 11165.7,
begin delete anyend delete employee of a public or private educational institution
40or day care facility which in good faith disseminates information
P11 1as authorized pursuant to subdivision (c) shall be immune from
begin deleteAny end deleteperson who uses information disclosed pursuant
4to this section to commit a felony shall be punished, in addition
5and consecutive to any other punishment, by a five-year term of
6imprisonment pursuant to subdivision (h) of Section 1170.
begin deleteAny end deleteperson who uses information disclosed pursuant to
8this section to commit a misdemeanor shall be subject to, in
9addition to any other penalty or fine imposed, a fine of not less
10than five hundred dollars ($500) and not more than one thousand
12(f) For purposes of this section, “designated law enforcement
13entity” means the Department of Justice, every district attorney,
14the Department of Corrections, the Department of the Youth
15Authority, and every state or local agency expressly authorized by
16statute to investigate or prosecute law violators.
17(g) The public notification provisions of this section are
18applicable to every person required to register pursuant to Section
19290, without regard to when his or her crimes were committed or
20his or her duty to register pursuant to Section 290 arose, and to
21every offense described in Section 290, regardless of when it was
23(h) (1) Notwithstanding any other law, a designated law
24enforcement entity shall only use an Internet identifier submitted
25pursuant to this chapter, or release that Internet identifier to another
26law enforcement entity, for the purpose of investigating a
27sex-related crime, a kidnapping, or human trafficking.
28(2) A designated law enforcement entity
shall not disclose or
29authorize persons or entities to disclose an Internet identifier
30submitted pursuant to this chapter to the public or other persons,
31except as required by court order.
The Legislature finds and declares that this act, which
33amends Section 290.45 of the Penal Code, imposes a limitation
34on the public’s right of access to the meetings of public bodies or
35the writings of public officials and agencies within the meaning
36of Section 3 of Article I of the California Constitution. Pursuant
37to that constitutional provision, the Legislature makes the following
38findings to demonstrate the interest protected by this limitation
39and the need for protecting that interest:
P12 1In order to protect the rights afforded by the First Amendment
2to the United States Constitution, it is necessary that Internet
3identifier information provided to law enforcement agencies by
4registerable sex offenders as part of their registration not be made
5generally available to the public.
No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California