BILL ANALYSIS Ó
SB 448
Page 1
SENATE THIRD READING
SB
448 (Hueso)
As Amended August 15, 2016
Majority vote
SENATE VOTE: 39-0
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|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
| | | | |
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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
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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
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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
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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
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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
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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