BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 448|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 448
          Author:   Hueso (D), et al.
          Amended:  8/15/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 7/14/15
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/27/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SENATE FLOOR:  39-0, 9/1/15
           AYES:  Allen, Anderson, Bates, Beall, Berryhill, Block,  
            Cannella, De León, Fuller, Gaines, Galgiani, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson,  
            Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning,  
            Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone,  
            Vidak, Wieckowski, Wolk
           NO VOTE RECORDED:  Moorlach

           ASSEMBLY FLOOR:  79-0, 8/23/16 - See last page for vote

           SUBJECT:   Sex offenders:  Internet identifiers


           SOURCE:    Safer California Foundation
                      San Diego Police Officers Association Inc. 



          DIGEST:  This bill requires a person convicted of a felony on or  
          after January 1, 2017, for which the person must register as a  
          sex offender, to register his or her Internet identifiers, as  
          defined, to law enforcement if the person used the Internet to  
          identify a victim, or to commit human trafficking or child  








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          pornography offenses; and authorizes law enforcement to use the  
          information to investigate a sex crime, kidnapping or human  
          trafficking, as specified.


          Assembly Amendments (1) amend, consistent with discussions in  
          the Senate Public Safety Committee, the Internet identifiers  
          disclosure requirements for registered sex offenders enacted by  
          Proposition 35 (Californians Against Sexual Exploitation Act) of  
          the 2012 General Election to provide the following:  A person  
          convicted on or after 1/1/17 of a crime requiring sex offender  
          registration shall be required to disclose his or her Internet  
          identifiers, as defined, to the law enforcement agency where the  
          person registers as a sex offender if the court finds that the  
          defendant used the Internet to identify a victim, used the  
          Internet to commit human trafficking, committed a child  
          pornography crime in which he or she used the Internet to commit  
          the offense, as specified; (2) define an Internet identifier as  
          an e-mail address or social network or instant messaging user  
          name for direct communication inaccessible to the public; and  
          (3) authorize law enforcement to use the information only to  
          investigate a sex crime, kidnapping or human trafficking.


          ANALYSIS:   


          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 Department of Justice (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.  










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


          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 apply 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  








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                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  
             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 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  








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             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  
             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).


          Background


          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  








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            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 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.


          In November of 2012, California voters enacted Proposition 35,  
          which expanded the definition of human trafficking and increased  
          penalties.  The proposition also specified human trafficking  
          fines are to be used for victim services and law enforcement and  
          changed evidentiary rules in human trafficking trials to protect  
          victims and expand what constitutes force in the trafficking of  
          minors. 


          Proposition 35 also required all registered sex offenders to  
          provide the names of their Internet providers and identifiers to  
          local law enforcement agencies. Such identifiers include e-mail  
          addresses, user names, screen names, or other personal  
          identifiers for Internet communication and activity.  The  
          proposition required a registrant who changes his or her  
          Internet service account or changes or adds an Internet  
          identifier to notify law enforcement within 24 hours of such  
          changes.   








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          ( 
                                                                    Page  9



          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.  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.


          SUPPORT:   (Verified8/23/16)


          Safer California Foundation (co-source)
          San Diego Police Officers Association Inc. (co-source)
          Association of Deputy District Attorneys
          Association for Los Angeles Deputy Sheriffs
          California Against Slavery
          California Association of Code Enforcement Officers
          California College and University Police Chiefs Association
          California Narcotic Officers Association
          California Teachers Association
          Crime Victims United of California
          Los Angeles County District Attorney's Office
          Los Angeles County Probation Officers' Union AFCSME, Local 685
          Los Angeles Deputy Sheriffs
          Los Angeles Police Protective League
          Peace Officers Research Association of California
          Riverside Sheriffs' Association
          Sacramento County District Attorney's Office


          OPPOSITION:   (Verified8/23/16)


          California Reform Sex Offender Laws
          Legal Services for Prisoners with Children
          15 individuals









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           ASSEMBLY FLOOR:  79-0, 8/23/16
           AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
           NO VOTE RECORDED: Gray



          Prepared by:Jerome McGuire / PUB. S. / 
          8/23/16 19:58:20
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