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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(
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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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