BILL ANALYSIS                                                                                                                                                                                                    



                                                                     SB 448


                                                                    Page  1





          SENATE THIRD READING


          SB  
          448 (Hueso)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  39-0


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |7-0  |Jones-Sawyer,         |                    |
          |                |     |Melendez, Lackey,     |                    |
          |                |     |Lopez, Low, Quirk,    |                    |
          |                |     |Santiago              |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |20-0 |Gonzalez, Bigelow,    |                    |
          |                |     |Bloom, Bonilla,       |                    |
          |                |     |Bonta, Calderon,      |                    |
          |                |     |Chang, Daly, Eggman,  |                    |
          |                |     |Gallagher, Eduardo    |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Jones, Obernolte,     |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Wagner, Weber, Wood,  |                    |
          |                |     |McCarty               |                    |
          |                |     |                      |                    |








                                                                     SB 448


                                                                    Page  2





          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Requires a person convicted of a felony, on or after  
          January 1, 2017, for which the person is required to register as  
          a sex offender, to register his or her Internet identifiers, as  
          defined, to law enforcement.  Specifically, this bill:  
          1)Replaces sections enacted by Proposition 35, also known as the  
            Californians Against Sexual Exploitation Act (CASE Act),  
            approved by California voters on November 6, 2012, that have  
            been enjoined by pending litigation.
          2)States that the provisions of this bill applies to a person  
            who is convicted of a felony on or after January 1, 2017,  
            requiring registration pursuant to the Sex Offender  
            Registration Act, if a court determines at the time of  
            sentencing that any of the following apply:


             a)   The person used the Internet to collect any private  
               information to identify a victim of the crime to further  
               the commission of the crime;
             b)   The person was convicted of specified sections  
               prohibiting human trafficking and used the Internet to  
               traffic a victim of the crime; or,


             c)   The person was convicted of specified sections  
               prohibiting child pornography and used the Internet to  
               prepare, publish, distribute, send, exchange, or download  
               the obscene matter or matter depicting a minor engaging in  
               sexual conduct, as defined.


          3)Defines, for purposes of this bill, "Internet identifier" to  
            mean "any electronic mail address or user name used for  
            instant messaging or social networking that is actually used  
            for direct communication between users on the Internet in a  
            manner that makes the communication not accessible to the  








                                                                     SB 448


                                                                    Page  3





            general public."  "Internet identifier" does not include  
            Internet passwords, date of birth, social security number, or  
            PIN (personal identification number).
          4)Defines, for purposes of this bill, "private information" to  
            mean "any information that identifies or describes an  
            individual, including, but not limited to, his or her name;  
            electronic mail, chat, instant messenger,  social networking,  
            or similar name used for Internet communication; social  
            security number; account numbers; passwords; personal  
            identification numbers; physical description; physical  
            location; home address; home telephone number; education;  
            financial matters; medical or employment history; and  
            statements made by, or attributed to, the individual."


          5)Requires persons subject to the bill's provisions 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, and  
            requires the law enforcement agency to make this information  
            available to the Department of Justice (DOJ).


          6)Specifies that a person who fails to provide his or her  
            Internet identifiers, as required by this bill, is guilty of a  
            misdemeanor, punishable by imprisonment in the county jail not  
            to exceed six months.


          7)Excludes Internet identifiers from the information that law  
            enforcement may disclose to the public regarding a person  
            required to register as a sex offender when necessary to  
            ensure the public safety concerning that specific person.


          8)Provides, notwithstanding any other law, a designated law  
            enforcement entity shall only use an Internet identifier or  
            release that Internet identifier to another law enforcement  








                                                                     SB 448


                                                                    Page  4





            entity, for the purpose of investigating a sex-related crime,  
            a kidnapping, or human trafficking.


          9)Authorizes a designated law enforcement entity to disclose or  
            authorize persons or entities to disclose an Internet  
            identifier if required by court order.


          10)States the Legislative finding and declaration that in order  
            to protect the rights afforded by the First Amendment to the  
            United States Constitution, it is necessary that Internet  
            identifier information provided to law enforcement agencies by  
            registrable sex offenders as part of their registration not be  
            made generally available to the public.


          11)States that it is the intent of the Legislature to further  
            the objectives of the CASE Act, an initiative measure enacted  
            by the approval of Proposition 35 at the November 6, 2012,  
            statewide general election, by amending its provisions to  
            conform with the requirements of the court in the case of Doe  
            v. Harris (Case numbers 13-15263 and 13-15267).


          EXISTING LAW:  


          1)Requires a person convicted of enumerated sex offenses and  
            sexually-related human trafficking crimes to register within  
            five working days of coming into a city or county, with law  
            enforcement officials, as specified.   
          2)Provides generally that a person's sex offender registration  
            must be updated annually, within five working days of a  
            registrant's birthday.  


          3)Specifies that a transient sex offender registrant must  
            register in the jurisdiction where the registrant is  








                                                                     SB 448


                                                                    Page  5





            physically present every 30 days, as specified, as well as  
            annually, within five working days' of the registrant's  
            birthday. 


          4)States that sex offender registrants must provide the  
            following information:


             a)   A signed statement giving information as required by the  
               DOJ and giving the name and address of the person's  
               employer and place of employment;
             b)   The fingerprints and a current photograph of the person  
               taken by the registering official;


             c)   The license plate number of any vehicle owned by,  
               regularly driven by, or registered in the name of the  
               person;


             d)   A signed statement by the registrant acknowledging that  
               he or she may have a duty to register in any other state  
               upon relocation; and,


             e)   Adequate proof of residence.  


          5)Provides that it is a crime for any person who is required to  
            register to willfully violate the requirements of the Sex  
            Offender Registration Act.  
          6)States that a person who is required to register as a sex  
            offender based on a misdemeanor conviction who willfully  
            violates any requirement of the Sex Offender Registration Act  
            is guilty of a misdemeanor.  


          7)Provides that a person who is required to register as a sex  








                                                                     SB 448


                                                                    Page  6





            offender based on a felony conviction who willfully violates  
            any requirement of the Sex Offender Registration Act is guilty  
            of a felony.  


          8)Specifies that any person who fails to provide proof of  
            residence regardless of the offense upon which the duty to  
            register is based, is guilty of a misdemeanor punishable by  
            imprisonment in a county jail not exceeding six months.  


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, additional cost (General Fund) to DOJ of $850,000 in  
          2016-17, $750,000 in 2017-18, and $430,000 annually thereafter.   
          Additional staff will be required to update program procedures,  
          provide training and outreach to the field on procedures for  
          submission of required information to the DOJ, process/complete  
          updates to sex registration, pre-registration or pending  
          registration cycle additions and deletions, update and correct  
          disposition information from court information obtained by the  
          Violent Crime Information Center (VCIC), as well as create new  
          records for sex registrants where no record exists and automate  
          criminal history folders requested by the VCIC.  In addition,  
          staff will be required to implement a new case management system  
          to track and manage when Internet identifier information is  
          released and to modify the existing California Sex and Arson  
          Registry system.


          COMMENTS:  According to the author, "In November of 2012  
          California voters overwhelmingly approved Proposition 35, also  
          known as the Californians Against Sexual Exploitation Act (CASE  
          Act).  The act is the most popular initiative in California's  
          history, and was approved with 81% of the vote and is the first  
          initiative to receive over 10 million votes.  California voters  
          wanted to insure that sex offenders provide their online  
          identities to law enforcement.  Unfortunately, the 9th Circuit  
          Court of Appeals has rendered that portion of the proposition  
          unconstitutional.  This bill addresses those constitutional  








                                                                     SB 448


                                                                    Page  7





          concerns. 


          "The Internet, with all of its benefits, has become a place for  
          sexual predators to thrive.  In June of this year the federal  
          government in Operation Broken Heart arrested 1,140 child  
          predators in 41 states that were using the Internet to  
          distribute child pornography, entice children for sexual  
          purposes, sell children into prostitution, and engage in sexual  
          tourism.  This bill would ensure that sex offenders who have  
          already used the Internet in the commission of their crime  
          provide their online identifiers to law enforcement.  This vital  
          tool will assist law enforcement if they ever have to  
          investigate these individuals again for future violations."




          Please see the policy committee analysis for a full discussion  
                          of this bill.




          Analysis Prepared by:                                             
                          Stella Choe / PUB. S. / (916) 319-3744  FN:   
          0004011