BILL ANALYSIS Ó 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