BILL NUMBER: AB 290 CHAPTERED
BILL TEXT
CHAPTER 821
FILED WITH SECRETARY OF STATE OCTOBER 9, 1997
APPROVED BY GOVERNOR OCTOBER 8, 1997
PASSED THE ASSEMBLY SEPTEMBER 12, 1997
PASSED THE SENATE SEPTEMBER 9, 1997
AMENDED IN SENATE SEPTEMBER 5, 1997
AMENDED IN SENATE AUGUST 11, 1997
AMENDED IN SENATE JULY 18, 1997
AMENDED IN ASSEMBLY MAY 1, 1997
AMENDED IN ASSEMBLY APRIL 16, 1997
INTRODUCED BY Assembly Member Alby
FEBRUARY 13, 1997
An act to amend Section 1279.5 of the Code of Civil Procedure, and
to amend Sections 243.4, 290, and 290.4 of the Penal Code, relating
to sex offenders, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 290, Alby. Sex offenders: registration: release of
information.
(1) Existing law requires persons convicted of specified sex
offenses to register with local law enforcement agencies upon their
discharge, parole, or release from confinement and to update that
registration annually or upon a change of residence address.
This bill would apply this registration requirement to persons
found guilty in the guilt phase of a trial for an offense subject to
registration but who is found not guilty by reason of insanity. The
bill would delete the crime of loitering around a public toilet for
purposes of engaging in or soliciting lewd or lascivious acts from
those offenses that trigger the registration requirement. The bill
would exempt a person who was convicted of sodomy or oral copulation
between consenting adults prior to January 1, 1976, from registering,
under specified conditions, and would require the Department of
Justice to remove that person from the Sex Offender Registry. The
bill would also prohibit any entity from charging a person a fee to
register or update a registration pursuant to this provision.
(2) Existing law provides that before discharge, parole, or
release from confinement, a person required to register under the
above provision shall be informed of his or her duty to register and
to read and sign a form explaining that duty. The official in charge
of the place of confinement is required to obtain the person's
expected address and report it to the Department of Justice. When a
person is convicted of an offense that requires registration and he
or she is to be released on probation, the court is required to
inform the person of the requirement to register.
This bill would, on or after January 1, 1998, require the person
to preregister upon incarceration, placement, commitment, or prior to
release on probation and would prohibit the person's release until
he or she has signed the form and provided the address information
required to be obtained and reported. Where the person is to be
released on probation, the bill would require the probation officer
to inform the person of the requirement to register. This bill would
provide that a person required to preregister, shall only be
preregistered once. By imposing increased duties on local criminal
justice systems that are equivalent to those imposed by the creation
of a new crime, this bill would impose a state-mandated local
program.
(3) Existing law requires the Department of Justice to continually
compile personal information regarding persons required to register
as sex offenders for any conviction of specified sex offenses.
This bill would add to those specified sex offenses a felony
conviction for an act of sodomy upon a person under 18 years of age
and a felony conviction for an act of oral copulation upon a person
under 18 years of age.
(4) This bill would incorporate some of the additional changes in
Section 290 of the Penal Code proposed by AB 59, AB 213, AB 1303, SB
314, and SB 882, to be operative if this bill and all of the other
bills are enacted and become effective on or before January 1, 1998,
and this bill is enacted last.
(5) This bill would incorporate additional changes in Section
290.4 of the Penal Code, proposed by AB 59, SB 314, and SB 1078, to
be operative if this bill and one or more of the other bills are
enacted and become effective on or before January 1, 1998, and this
bill is enacted last.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(7) This bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1279.5 of the Code of Civil Procedure is
amended to read:
1279.5. (a) Except as provided in subdivision (b), (c), (d), or
(e), nothing in this title shall be construed to abrogate the common
law right of any person to change his or her name.
(b) Notwithstanding any other law, no person imprisoned in the
state prison and under the jurisdiction of the Director of
Corrections shall be allowed to file an application for change of
name pursuant to Section 1276, except as permitted at the discretion
of the Director of Corrections.
(c) A court shall deny an application for a name change pursuant
to Section 1276 made by a person who is under the jurisdiction of the
Department of Corrections, unless that person's parole agent or
probation officer grants prior written approval. Before granting
that approval the parole agent or probation officer shall determine
that the name change will not pose a security risk to the community.
(d) Notwithstanding any other law, a court shall deny an
application for a name change pursuant to Section 1276 made by a
person who is required to register as a sex offender under Section
290 of the Penal Code, unless the court determines that it is in the
best interest of justice to grant the application and that doing so
will not adversely affect the public safety. If an application for a
name change is granted for an individual required to register as a
sex offender, the individual shall, within five working days, notify
the chief of police of the city in which he or she is domiciled, or
the sheriff of the county if he or she is domiciled in an
unincorporated area, and additionally, with the chief of police of a
campus of a University of California or California State University
if he or she is domiciled upon the campus or in any of its
facilities.
(e) For the purpose of this section, the court shall use the
California Law Enforcement Telecommunications System (CLETS) and
Criminal Justice Information System (CJIS) to determine whether or
not an applicant for a name change is under the jurisdiction of the
Department of Corrections or is required to register as a sex
offender pursuant to Section 290 of the Penal Code. Each person
applying for a name change shall declare under penalty of perjury
that he or she is not under the jurisdiction of the Department of
Corrections or is required to register as a sex offender pursuant to
Section 290 of the Penal Code. If a court is not equipped with CLETS
or CJIS, the clerk of the court shall contact an appropriate local
law enforcement agency which shall determine whether or not the
applicant is under the jurisdiction of the Department of Corrections
or is required to register as a sex offender pursuant to Section 290
of the Penal Code.
SEC. 2. Section 243.4 of the Penal Code is amended to read:
243.4. (a) Any person who touches an intimate part of another
person while that person is unlawfully restrained by the accused or
an accomplice, and if the touching is against the will of the person
touched and is for the purpose of sexual arousal, sexual
gratification, or sexual abuse, is guilty of sexual battery. A
violation of this subdivision is punishable by imprisonment in a
county jail for not more than one year, and by a fine not exceeding
two thousand dollars ($2,000); or by imprisonment in the state prison
for two, three, or four years, and by a fine not exceeding ten
thousand dollars ($10,000).
(b) Any person who touches an intimate part of another person who
is institutionalized for medical treatment and who is seriously
disabled or medically incapacitated, if the touching is against the
will of the person touched, and if the touching is for the purpose of
sexual arousal, sexual gratification, or sexual abuse, is guilty of
sexual battery. A violation of this subdivision is punishable by
imprisonment in a county jail for not more than one year, and by a
fine not exceeding two thousand dollars ($2,000); or by imprisonment
in the state prison for two, three, or four years, and by a fine not
exceeding ten thousand dollars ($10,000).
(c) Any person who, for the purpose of sexual arousal, sexual
gratification, or sexual abuse, causes another, against that person's
will while that person is unlawfully restrained either by the
accused or an accomplice, or is institutionalized for medical
treatment and is seriously disabled or medically incapacitated, to
masturbate or touch an intimate part of either of those persons or a
third person, is guilty of sexual battery. A violation of this
subdivision is punishable by imprisonment in a county jail for not
more than one year, and by a fine not exceeding two thousand dollars
($2,000); or by imprisonment in the state prison for two, three, or
four years, and by a fine not exceeding ten thousand dollars
($10,000).
(d) (1) Any person who touches an intimate part of another person,
if the touching is against the will of the person touched, and is
for the specific purpose of sexual arousal, sexual gratification, or
sexual abuse, is guilty of misdemeanor sexual battery, punishable by
a fine not exceeding two thousand dollars ($2,000), or by
imprisonment in a county jail not exceeding six months, or by both
that fine and imprisonment. However, if the defendant was an
employer and the victim was an employee of the defendant, the
misdemeanor sexual battery shall be punishable by a fine not
exceeding three thousand dollars ($3,000), by imprisonment in a
county jail not exceeding six months, or by both that fine and
imprisonment. Notwithstanding any other provision of law, any amount
of a fine above two thousand dollars ($2,000) which is collected
from a defendant for a violation of this subdivision shall be
transmitted to the State Treasury and, upon appropriation by the
Legislature, distributed to the Department of Fair Employment and
Housing for the purpose of enforcement of the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section 12900)
of Division 3 of Title 2 of the Government Code), including, but not
limited to, laws that proscribe sexual harassment in places of
employment. However, in no event shall an amount over two thousand
dollars ($2,000) be transmitted to the State Treasury until all
fines, including any restitution fines that may have been imposed
upon the defendant, have been paid in full.
(2) As used in this subdivision, "touches" means physical contact
with another person, whether accomplished directly, through the
clothing of the person committing the offense, or through the
clothing of the victim.
(e) As used in subdivisions (a), (b), and (c), "touches" means
physical contact with the skin of another person whether accomplished
directly or through the clothing of the person committing the
offense.
(f) As used in this section, the following terms have the
following meanings:
(1) "Intimate part" means the sexual organ, anus, groin, or
buttocks of any person, and the breast of a female.
(2) "Sexual battery" does not include the crimes defined in
Section 261 or 289.
(3) "Seriously disabled" means a person with severe physical or
sensory disabilities.
(4) "Medically incapacitated" means a person who is incapacitated
as a result of prescribed sedatives, anesthesia, or other medication.
(5) "Institutionalized" means a person who is located voluntarily
or involuntarily in a hospital, medical treatment facility, nursing
home, acute care facility, or mental hospital.
(6) "Minor" means a person under 18 years of age.
(g) This section shall not be construed to limit or prevent
prosecution under any other law which also proscribes a course of
conduct that also is proscribed by this section.
(h) In the case of a felony conviction for a violation of this
section, the fact that the defendant was an employer and the victim
was an employee of the defendant shall be a factor in aggravation in
sentencing.
(i) A person who commits a violation of subdivision (a), (b), or
(c) against a minor when the person has a prior felony conviction for
a violation of this section shall be guilty of a felony, punishable
by imprisonment in the state prison for two, three, or four years and
a fine not exceeding ten thousand dollars ($10,000).
SEC. 3. Section 290 of the Penal Code is amended to read:
290. (a) (1) Every person described in paragraph (2), for the
rest of his or her life while residing in California, shall be
required to register with the chief of police of the city in which he
or she is domiciled, or the sheriff of the county if he or she is
domiciled in an unincorporated area or city that has no police
department, and, additionally, with the chief of police of a campus
of the University of California or the California State University if
he or she is domiciled upon the campus or in any of its facilities,
within five working days of coming into any city, county, or city and
county in which he or she temporarily resides or is domiciled for
that length of time. No entity shall require a person to pay a fee to
register or update his or her registration pursuant to this section.
Beginning on his or her first birthday following registration or
change of address, the person shall be required annually thereafter,
within five working days of his or her birthday, to update his or her
registration with the entities described in this paragraph,
including, verifying his or her name and address on a form as may be
required by the Department of Justice.
(2) The following persons shall be required to register pursuant
to paragraph (1):
(A) Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of subdivision (b) of Section 207, kidnapping,
as punishable pursuant to subdivision (d) of Section 208, Section
220, except assault to commit mayhem, Section 243.4, paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261 or paragraph
(1) of subdivision (a) of Section 262 involving the use of force or
violence for which the person is sentenced to the state prison,
Section 264.1, 266, 266c, 266j, 267, 285, 286, 288, 288a, 288.5, or
289, subdivision (b), (c), or (d) of Section 311.2, Section 311.3,
311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision 1
or 2 of Section 314, any offense involving lewd and lascivious
conduct under Section 272, or any felony violation of Section 288.2;
or any person who since that date has been or is hereafter convicted
of the attempt to commit any of the above-mentioned offenses.
(B) Any person who, since July 1, 1944, has been or hereafter is
released, discharged, or paroled from a penal institution where he or
she was confined because of the commission or attempted commission
of one of the offenses described in subparagraph (A).
(C) Any person who, since July 1, 1944, has been or hereafter is
determined to be a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code or any person who has been found
guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not
guilty by reason of insanity in the sanity phase of the trial.
(D) Any person who, since July 1, 1944, has been, or is hereafter
convicted in any other court, including any federal or military
court, of any offense which, if committed or attempted in this state,
would have been punishable as one or more of the offenses described
in subparagraph (A).
(E) Any person ordered by any court to register pursuant to this
section for any offense not included specifically in this section if
the court finds at the time of conviction that the person committed
the offense as a result of sexual compulsion or for purposes of
sexual gratification. The court shall state on the record the
reasons for its findings and the reasons for requiring registration.
(F) (i) Notwithstanding any other subdivision, a person who was
convicted before January 1, 1976, under subdivision (a) of Section
286, or Section 288a, shall not be required to register pursuant to
this section for that conviction if the conviction was for conduct
between consenting adults that was decriminalized by Chapter 71 of
the Statutes of 1975 or Chapter 1139 of the Statutes of 1976. The
Department of Justice shall remove that person from the Sex Offender
Registry, and the person is discharged from his or her duty to
register pursuant to the following procedure:
(I) The person submits to the Department of Justice official
documentary evidence, including court records or police reports,
which demonstrate that the person's conviction pursuant to either of
those sections was for conduct between consenting adults that was
decriminalized; or
(II) The person submits to the department a declaration stating
that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized.
The declaration shall be confidential and not a public record, and
shall include the person's name, address, telephone number, date of
birth, and a summary of the circumstances leading to the conviction,
including the date of the conviction and county of the occurrence.
(III) The department shall determine whether the person's
conviction was for conduct between consensual adults that has been
decriminalized. If the conviction was for consensual conduct between
adults that has been decriminalized, and the person has no other
offenses for which he or she is required to register pursuant to this
section, the department shall, within 60 days of receipt of those
documents, notify the person that he or she is relieved of the duty
to register, and shall notify the local law enforcement agency with
which the person is registered that he or she has been relieved of
the duty to register. The local law enforcement agency shall remove
the person's registration from its files within 30 days of receipt of
notification. If the documentary or other evidence submitted is
insufficient to establish the person's claim, the department shall,
within 60 days of receipt of those documents, notify the person that
his or her claim cannot be established, and that the person shall
continue to register pursuant to this section. The department shall
provide, upon the person's request, any information relied upon by
the department in making its determination that the person shall
continue to register pursuant to this section. Any person whose
claim has been denied by the department pursuant to this clause may
petition the court to appeal the department's denial of the person's
claim.
(ii) On or before July 1, 1998, the department shall make a report
to the Legislature concerning the status of persons who may come
under the provisions of this subparagraph, including the number of
persons who were convicted before January 1, 1976, under subdivision
(a) of Section 286 or Section 288a and are required to register under
this section, the average age of these persons, the number of these
persons who have any subsequent convictions for a registerable sex
offense, and the number of these persons who have sought successfully
or unsuccessfully to be relieved of their duty to register under
this section.
(b) (1) Any person who, after August 1, 1950, is released,
discharged, or paroled from a jail, state or federal prison, school,
road camp, or other institution where he or she was confined because
of the commission or attempted commission of one of the offenses
specified in subdivision (a) or is released from a state hospital to
which he or she was committed as a mentally disordered sex offender
under Article 1 (commencing with Section 6300) of Chapter 2 of Part 2
of Division 6 of the Welfare and Institutions Code, shall, prior to
discharge, parole, or release, be informed of his or her duty to
register under this section by the official in charge of the place of
confinement or hospital, and the official shall require the person
to read and sign any form that may be required by the Department of
Justice, stating that the duty of the person to register under this
section has been explained to the person. The official in charge of
the place of confinement or hospital shall obtain the address where
the person expects to reside upon his or her discharge, parole, or
release and shall report the address to the Department of Justice.
(2) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release. If
the conviction which makes the person subject to this section is a
felony conviction, the official in charge shall, not later than 45
days prior to the scheduled release of the person, send one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice.
The official in charge of the place of confinement shall retain one
copy.
(c) Any person who, after August 1, 1950, is convicted in this
state of the commission or attempted commission of any of the
offenses specified in subdivision (a) and who is released on
probation or discharged upon payment of a fine shall, prior to
release or discharge, be informed of the duty to register under this
section by the probation department, and a probation officer shall
require the person to read and sign any form that may be required by
the Department of Justice, stating that the duty of the person to
register under this section has been explained to him or her. The
probation officer shall obtain the address where the person expects
to reside upon release or discharge and shall report within three
days the address to the Department of Justice. The probation officer
shall give one copy of the form to the person, send one copy to the
Department of Justice, and forward one copy to the appropriate law
enforcement agency or agencies having local jurisdiction where the
person expects to reside upon his or her discharge, parole, or
release.
(d) (1) Any person who, on or after January 1, 1986, is discharged
or paroled from the Department of the Youth Authority to the custody
of which he or she was committed after having been adjudicated a
ward of the court pursuant to Section 602 of the Welfare and
Institutions Code because of the commission or attempted commission
of any offense described in paragraph (3) shall be subject to
registration under the procedures of this section.
(2) Any person who, on or after January 1, 1995, is discharged or
paroled from a facility in another state that is equivalent to the
Department of the Youth Authority, to the custody of which he or she
was committed because of an offense which, if committed or attempted
in this state, would have been punishable as one or more of the
offenses described in paragraphs (3) and (4), shall be subject to
registration under the procedures of this section.
(3) The following offenses shall apply for the purpose of this
subdivision:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(B) Any offense defined in Section 288 or 288.5, paragraph (1) of
subdivision (b) of, or subdivision (c) or (d) of, Section 286,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 288a, paragraph (2) of subdivision (a) of Section 261,
subdivision (a) of Section 289, subdivision (b) of Section 207, or
kidnapping, as punishable pursuant to subdivision (d) of Section 208.
(C) Any offense under Section 264.1 involving rape in concert with
force or fear of bodily injury or penetration by any foreign object
in concert with force or fear of bodily injury.
(4) Any person who is discharged or paroled from the Department of
the Youth Authority to the custody of which he or she was committed
after having been adjudicated a ward of the court pursuant to Section
602 of the Welfare and Institutions Code because of the commission
or attempted commission of the offense set forth in Section 647.6,
occurring on or after January 1, 1988, shall be subject to
registration under the procedures of this section.
(5) Prior to discharge or parole from the Department of the Youth
Authority, any person who is subject to registration shall be
informed of the duty to register under the procedures set forth in
this section. Department of the Youth Authority officials shall
transmit the required forms and information to the Department of
Justice.
(6) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register has his or her records sealed under the
procedures set forth in Section 781 of the Welfare and Institutions
Code. This subdivision shall not be construed as requiring the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by a court under Section 781 of the
Welfare and Institutions Code.
(e) (1) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to register under this section shall
preregister. The preregistering official shall be the admitting
officer at the place of incarceration, placement, or commitment, or
the probation officer if the person is to be released on probation.
The preregistration shall consist of both of the following:
(A) A preregistration statement in writing, signed by the person,
giving information that may be required by the Department of Justice.
(B) The fingerprints and photograph of the person.
(C) Any person who is preregistered pursuant to this subdivision
is required to be preregistered only once.
(2) A person described in paragraph (2) of subdivision (a) shall
register, or reregister if the person has previously registered, upon
release from incarceration, placement, or commitment, pursuant to
paragraph (1) of subdivision (a). The registration shall consist of
all of the following:
(A) A statement in writing signed by the person, giving
information as may be required by the Department of Justice.
(B) The fingerprints and photograph of the person.
(C) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
(3) Within three days thereafter, the preregistering official or
the registering law enforcement agency or agencies shall forward the
statement, fingerprints, photograph, and vehicle license plate
number, if any, to the Department of Justice.
(f) (1) If any person who is required to register pursuant to this
section changes his or her residence address, the person shall
inform, in writing within five working days, the law enforcement
agency or agencies with which he or she last registered of the new
address. The law enforcement agency or agencies shall, within three
days after receipt of this information, forward a copy of the change
of address information to the Department of Justice. The Department
of Justice shall forward appropriate registration data to the law
enforcement agency or agencies having local jurisdiction of the new
place of residence.
(2) If any person who is required to register pursuant to this
section changes his or her name, the person shall inform, in person,
the law enforcement agency or agencies with which he or she is
currently registered within five working days. The law enforcement
agency or agencies shall forward a copy of this information to the
Department of Justice within three days of its receipt.
(g) (1) Any person who is required to register under this section
based on a misdemeanor conviction who willfully violates any
requirement of this section is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding one year.
(2) Any person who is required to register under this section
based on a felony conviction who willfully violates any requirement
of this section or who has a prior conviction for the offense of
failing to register under this section and who subsequently and
willfully violates any requirement of this section is guilty of a
felony and shall be punished by imprisonment in the state prison for
16 months or two or three years.
If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in this paragraph shall apply whether or not
the person has been released on parole or has been discharged from
parole.
(3) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under this section, but
who has been found not guilty by reason of insanity in the sanity
phase of the trial, who willfully violates any requirement of this
section is guilty of a misdemeanor and shall be punished by
imprisonment in a county jail not exceeding one year. For any second
or subsequent willful violation of any requirement of this section,
the person is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
(4) If, after discharge from parole, the person is convicted of a
felony as specified in this subdivision, he or she shall be required
to complete parole of at least one year, in addition to any other
punishment imposed under this subdivision. A person convicted of a
felony as specified in this subdivision may be granted probation only
in the unusual case where the interests of justice would best be
served. When probation is granted under this paragraph, the court
shall specify on the record and shall enter into the minutes the
circumstances indicating that the interests of justice would best be
served by the disposition.
(5) Any person who is required to register under this section who
willfully violates any requirement of this section is guilty of a
continuing offense.
(h) Whenever any
person is released on parole or probation and is required to register
under this section but fails to do so within the time prescribed,
the parole authority, the Youthful Offender Parole Board, or the
court, as the case may be, shall order the parole or probation of the
person revoked. For purposes of this subdivision, "parole authority"
has the same meaning as described in Section 3000.
(i) Except as provided in subdivisions (m) and (n) and Section
290.4, the statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
(j) In any case in which a person who would be required to
register pursuant to this section for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or of whatever nature the assignment may be, the
local law enforcement agency having jurisdiction over the place or
places where the assignment shall occur shall be notified within a
reasonable time prior to removal from the institution. This
subdivision shall not apply to any person who is temporarily released
under guard from the institution where he or she is confined.
(k) As used in this section, "mentally disordered sex offender"
includes any person who has been determined to be a sexual psychopath
or a mentally disordered sex offender under any provision which, on
or before January 1, 1976, was contained in Division 6 (commencing
with Section 6000) of the Welfare and Institutions Code.
(l) Every person who, prior to January 1, 1997, is required to
register under this section, shall be notified whenever he or she
next reregisters of the reduction of the registration period from 14
to five working days. This notice shall be provided in writing by
the registering agency or agencies. Failure to receive this
notification shall be a defense against the penalties prescribed by
subdivision (g) if the person did register within 14 days.
(m) (1) When a peace officer reasonably suspects, based on
information that has come to his or her attention through information
provided by any peace officer or member of the public, that a child
or other person may be at risk from a sex offender convicted of a
crime listed in paragraph (1) of subdivision (a) of Section 290.4, a
law enforcement agency may, notwithstanding any other provision of
law, provide any of the information specified in paragraph (2) of
this subdivision about that registered sex offender that the agency
deems relevant and necessary to protect the public, to the following
persons, agencies, or organizations the offender is likely to
encounter, including, but not limited to, the following:
(A) Public and private educational institutions, day care
establishments, and establishments and organizations that primarily
serve individuals likely to be victimized by the offender.
(B) Other community members at risk.
(2) The information that may be disclosed pursuant to this section
includes the following:
(A) The offender's full name.
(B) The offender's known aliases.
(C) The offender's gender.
(D) The offender's race.
(E) The offender's physical description.
(F) The offender's photograph.
(G) The offender's date of birth.
(H) Crimes resulting in registration under this section.
(I) The offender's address, which must be verified prior to
publication.
(J) Description and license plate number of offender's vehicles or
vehicles the offender is known to drive.
(K) Type of victim targeted by the offender.
(L) Relevant parole or probation conditions, such as one
prohibiting contact with children.
(M) Dates of crimes resulting in classification under this
section.
(N) Date of release from confinement.
However, information disclosed pursuant to this subdivision shall
not include information that would identify the victim.
(3) If a law enforcement agency discloses information pursuant to
this subdivision, it shall include, with the disclosure, a statement
that the purpose of the release of the information is to allow
members of the public to protect themselves and their children from
sex offenders.
(4) For purposes of this section, "likely to encounter" means both
of the following:
(A) That the agencies, organizations, or other community members
are in a location or in close proximity to a location where the
offender lives or is employed, or that the offender visits or is
likely to visit on a regular basis.
(B) The types of interaction that ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably probable.
(5) For purposes of this section, "reasonably suspects" means that
it is objectively reasonable for a peace officer to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing when appropriate on his or her training and
experience, to suspect that a child or other person is at risk.
(6) For purposes of this section, "at risk" means a person is or
may be exposed to a risk of becoming a victim of a sex offense
committed by the offender.
(7) A law enforcement agency may continue to disclose information
on an offender under this subdivision for as long as the offender is
included in Section 290.4.
(n) In addition to the procedures set forth elsewhere in this
section, a designated law enforcement entity may advise the public of
the presence of high-risk sex offenders in its community pursuant to
this subdivision.
(1) For purposes of this subdivision:
(A) A high-risk sex offender is a person who has been convicted of
an offense specified in paragraph (1) of subdivision (a) of Section
290.4 and also meets one of the following criteria:
(i) Has been convicted of three or more violent sex offenses, at
least two of which were brought and tried separately.
(ii) Has been convicted of two violent sex offenses and one or
more violent nonsex offenses, at least two of which were brought and
tried separately.
(iii) Has been convicted of one violent sex offense and two or
more violent nonsex offenses, at least two of which were brought and
tried separately.
(iv) Has been convicted of either two violent sex offenses or one
violent sex offense and one violent nonsex offense, at least two of
which were brought and tried separately, and has been arrested on
separate occasions for three or more violent sex offenses, violent
nonsex offenses, or associated offenses.
(B) A violent sex offense means any offense defined in Section
220, except attempt to commit mayhem, 261, 264.1, 286, 288, 288a,
288.5, 289, or 647.6, or infliction of great bodily injury during the
commission of a sex offense, as provided in Section 12022.8.
(C) A violent nonsex offense means any offense defined in Section
187, subdivision (a) of Section 192, or Section 203, 206, 207, or
236, provided that the offense is a felony, subdivision (a) of
Section 273a, Section 273d or 451, or attempted murder, as defined in
Sections 187 and 664.
(D) An associated offense means any offense defined in Section
243.4, provided that the offense is a felony, Section 311.1, 311.2,
311.3, 311.4, 311.5, 311.6, 311.7, or 314, Section 459, provided the
offense is of the first degree, Section 597 or 646.9, subdivision
(d), (h), or (i) of Section 647, Section 653m, or infliction of great
bodily injury during the commission of a felony, as defined in
Section 12022.7.
(E) For purposes of subparagraphs (B) to (D), inclusive, an arrest
or conviction for the statutory predecessor of any of the enumerated
offenses, or an arrest or conviction in any other jurisdiction for
any offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
those subparagraphs, is to be considered in determining whether an
offender is a high-risk sex offender.
(F) For purposes of subparagraphs (B) to (D), inclusive, an arrest
as a juvenile or an adjudication as a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code for any of the offenses described in those subparagraphs is to
be considered in determining whether an offender is a high-risk sex
offender.
(G) Notwithstanding subparagraphs (A) to (D), inclusive, an
offender shall not be considered to be a high-risk sex offender if
either of the following apply:
(i) The offender's most recent conviction or arrest for an offense
described in subparagraphs (B) to (D), inclusive, occurred more than
five years prior to the high-risk assessment by the Department of
Justice, excluding periods of confinement.
(ii) The offender notifies the Department of Justice, on a form
approved by the department and available at any sheriff's office,
that he or she has not been convicted in the preceding 15 years,
excluding periods of confinement, of an offense for which
registration is required under paragraph (2) of subdivision (a), and
the department is able, upon exercise of reasonable diligence, to
verify the information provided in paragraph (2).
(H) "Confinement" means confinement in a jail, prison, school,
road camp, or other penal institution, confinement in a state
hospital to which the offender was committed as a mentally disordered
sex offender under Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code, or confinement in a facility designated by the Director of
Mental Health to which the offender was committed as a sexually
violent predator under Article 4 (commencing with Section 6600) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code.
(I) "Designated law enforcement entity" means any of the
following: municipal police department; sheriff's department;
district attorney's office; county probation department; Department
of Justice; Department of Corrections; Department of the Youth
Authority; Department of the California Highway Patrol; or the police
department of any state university, state college, or community
college.
(2) The Department of Justice shall continually search the records
provided to it pursuant to subdivision (b) and identify, on the
basis of those records, high-risk sex offenders. Four times each
year, the department shall provide to each chief of police and
sheriff in the state, and to any other designated law enforcement
entity upon request, the following information regarding each
identified high-risk sexual offender: full name; known aliases;
gender; race; physical description; photograph; date of birth; and
crimes resulting in classification under this section.
(3) The Department of Justice and any designated law enforcement
entity to which notice has been given pursuant to paragraph (2) may
cause to be made public, by whatever means the agency deems necessary
to ensure the public safety, based upon information available to the
agency concerning a specific person, including, but not limited to,
the information described in paragraph (2); the offender's address,
which shall be verified prior to publication; description and license
plate number of the vehicles or vehicles the offender is known to
drive; type of victim targeted by the offender; relevant parole or
probation conditions, such as one prohibiting contact with children;
dates of crimes resulting in classification under this section; and
date of release from confinement; but excluding information that
would identify the victim.
(o) Agencies disseminating information to the public pursuant to
Section 290.4 shall maintain records of those persons requesting to
view the CD-ROM or other electronic media for a minimum of five
years. Agencies disseminating information to the public pursuant to
subdivision (n) shall maintain records of the means and dates of
dissemination for a minimum of five years.
(p) Law enforcement agencies and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(q) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison. Any person who uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(r) The registration and public notification provisions of this
section are applicable to every person described in this section,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in this section, regardless of when it was
committed.
SEC. 3.5. Section 290 of the Penal Code is amended to read:
290. (a) (1) (A) Every person described in paragraph (2), for the
rest of his or her life while residing in, or, if he or she has no
residence, while located within California, shall be required to
register with the chief of police of the city in which he or she is
residing, or if he or she has no residence, is located, or the
sheriff of the county if he or she is residing, or if he or she has
no residence, is located, in an unincorporated area or city that has
no police department, and, additionally, with the chief of police of
a campus of the University of California, the California State
University, or community college if he or she is residing, or if he
or she has no residence, is located upon the campus or in any of its
facilities, within five working days of coming into any city, county,
or city and county in which he or she temporarily resides, or, if he
or she has no residence, is located.
(B) If the person who is registering has no residence address, he
or she shall update his or her registration no less than once every
90 days in addition to the requirement in subparagraph (A), on a form
as may be required by the Department of Justice, with the entity or
entities described in subparagraph (A) in whose jurisdiction he or
she is located at the time he or she is updating the registration.
(C) Beginning on his or her first birthday following registration
or change of address, the person shall be required to register
annually, within five working days of his or her birthday, to update
his or her registration with the entities described in subparagraph
(A), including, verifying his or her name and address, or temporary
location, on a form as may be required by the Department of Justice.
(D) In addition, every person who is a sexually violent predator,
as defined in Section 6600 of the Welfare and Institutions Code,
shall, after his or her release from custody, verify his or her
address every 90 days in a manner established by the Department of
Justice.
(E) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section.
(2) The following persons shall be required to register pursuant
to paragraph (1):
(A) Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, or paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, 266c, subdivision (b) of Section 266h, subdivision (b) of
Section 266i, 266j, 267, 269, 285, 286, 288, 288a, 288.5, or 289,
subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4,
311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of
Section 653f, subdivision 1 or 2 of Section 314, any offense
involving lewd or lascivious conduct under Section 272, or any felony
violation of Section 288.2; or any person who since that date has
been or is hereafter convicted of the attempt to commit any of the
above-mentioned offenses.
(B) Any person who, since July 1, 1944, has been or hereafter is
released, discharged, or paroled from a penal institution where he or
she was confined because of the commission or attempted commission
of one of the offenses described in subparagraph (A).
(C) Any person who, since July 1, 1944, has been or hereafter is
determined to be a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code or any person who has been found
guilty in the guilt phase of a trial for an offense for which
registration is required by this section but who has been found not
guilty by reason of insanity in the sanity phase of the trial.
(D) Any person who, since July 1, 1944, has been, or is hereafter
convicted in any other court, including any state, federal, or
military court, of any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in subparagraph (A) or any person ordered by any other
court, including any state, federal, or military court, to register
as a sex offender for any offense, if the court found at the time of
conviction that the person committed the offense as a result of
sexual compulsion or for purposes of sexual gratification.
(E) Any person ordered by any court to register pursuant to this
section for any offense not included specifically in this section if
the court finds at the time of conviction that the person committed
the offense as a result of sexual compulsion or for purposes of
sexual gratification. The court shall state on the record the
reasons for its findings and the reasons for requiring registration.
(F) (i) Notwithstanding any other subdivision, a person who was
convicted before January 1, 1976, under subdivision (a) of Section
286, or Section 288a, shall not be required to register pursuant to
this section for that conviction if the conviction was for conduct
between consenting adults that was decriminalized by Chapter 71 of
the Statutes of 1975 or Chapter 1139 of the Statutes of 1976. The
Department of Justice shall remove that person from the Sex Offender
Registry, and the person is discharged from his or her duty to
register pursuant to the following procedure:
(I) The person submits to the Department of Justice official
documentary evidence, including court records or police reports,
which demonstrate that the person's conviction pursuant to either of
those sections was for conduct between consenting adults that was
decriminalized; or
(II) The person submits to the department a declaration stating
that the person's conviction pursuant to either of those sections was
for consensual conduct between adults that has been decriminalized.
The declaration shall be confidential and not a public record, and
shall include the person's name, address, telephone number, date of
birth, and a summary of the circumstances leading to the conviction,
including the date of the conviction and county of the occurrence.
(III) The department shall determine whether the person's
conviction was for conduct between consensual adults that has been
decriminalized. If the conviction was for consensual conduct between
adults that has been decriminalized, and the person has no other
offenses for which he or she is required to register pursuant to this
section, the department shall, within 60 days of receipt of those
documents, notify the person that he or she is relieved of the duty
to register, and shall notify the local law enforcement agency with
which the person is registered that he or she has been relieved of
the duty to register. The local law enforcement agency shall remove
the person's registration from its files within 30 days of receipt of
notification. If the documentary or other evidence submitted is
insufficient to establish the person's claim, the department shall,
within 60 days of receipt of those documents, notify the person that
his or her claim cannot be established, and that the person shall
continue to register pursuant to this section. The department shall
provide, upon the person's request, any information relied upon by
the department in making its determination that the person shall
continue to register pursuant to this section. Any person whose
claim has been denied by the department pursuant to this clause may
petition the court to appeal the department's denial of the person's
claim.
(ii) On or before July 1, 1998, the department shall make a report
to the Legislature concerning the status of persons who may come
under the provisions of this subparagraph, including the number of
persons who were convicted before January 1, 1976, under subdivision
(a) of Section 286 or Section 288a and are required to register under
this section, the average age of these persons, the number of these
persons who have any subsequent convictions for a registerable sex
offense, and the number of these persons who have sought successfully
or unsuccessfully to be relieved of their duty to register under
this section.
(b) (1) Any person who is released, discharged, or paroled from a
jail, state or federal prison, school, road camp, or other
institution where he or she was confined because of the commission or
attempted commission of one of the offenses specified in subdivision
(a) or is released from a state hospital to which he or she was
committed as a mentally disordered sex offender under Article 1
(commencing with Section 6300) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code, shall, prior to discharge,
parole, or release, be informed of his or her duty to register under
this section by the official in charge of the place of confinement or
hospital, and the official shall require the person to read and sign
any form that may be required by the Department of Justice, stating
that the duty of the person to register under this section has been
explained to the person. The official in charge of the place of
confinement or hospital shall obtain the address where the person
expects to reside upon his or her discharge, parole, or release and
shall report the address to the Department of Justice.
(2) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release. If
the conviction that makes the person subject to this section is a
felony conviction, the official in charge shall, not later than 45
days prior to the scheduled release of the person, send one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice.
The official in charge of the place of confinement shall retain one
copy.
(c) Any person who is convicted in this state of the commission or
attempted commission of any of the offenses specified in subdivision
(a) and who is released on probation or discharged upon payment of a
fine shall, prior to release or discharge, be informed of the duty
to register under this section by the probation department, and a
probation officer shall require the person to read and sign any form
that may be required by the Department of Justice, stating that the
duty of the person to register under this section has been explained
to him or her. The probation officer shall obtain the address where
the person expects to reside upon release or discharge and shall
report within three days the address to the Department of Justice.
The probation officer shall give one copy of the form to the person,
send one copy to the Department of Justice, and forward one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release.
(d) (1) Any person who, on or after January 1, 1986, is discharged
or paroled from the Department of the Youth Authority to the custody
of which he or she was committed after having been adjudicated a
ward of the juvenile court pursuant to Section 602 of the Welfare and
Institutions Code because of the commission or attempted commission
of any offense described in paragraph (3) shall be subject to
registration under the procedures of this section.
(2) Any person who is discharged or paroled from a facility in
another state that is equivalent to the Department of the Youth
Authority, to the custody of which he or she was committed because of
an offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
paragraph (3), shall be subject to registration under the procedures
of this section.
(3) Any person described in this subdivision who committed an
offense in violation of any of the following provisions shall be
required to register pursuant to this section:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(B) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
subdivision (a) of Section 261, Section 264.1, 266c, or 267,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b)
of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of
Section 289, or Section 647.6.
(C) A violation of Section 207 or 209 committed with the intent to
violate Section 261, 286, 288, 288a, or 289.
(4) Prior to discharge or parole from the Department of the Youth
Authority, any person who is subject to registration under this
subdivision shall be informed of the duty to register under the
procedures set forth in this section. Department of the Youth
Authority officials shall transmit the required forms and information
to the Department of Justice.
(5) All records specifically relating to the registration in
the custody of the Department of Justice, law enforcement agencies,
and other agencies or public officials shall be destroyed when the
person who is required to register has his or her records sealed
under the procedures set forth in Section 781 of the Welfare and
Institutions Code. This subdivision shall not be construed as
requiring the destruction of other criminal offender or juvenile
records relating to the case that are maintained by the Department of
Justice, law enforcement agencies, the juvenile court, or other
agencies and public officials unless ordered by a court under Section
781 of the Welfare and Institutions Code.
(e) (1) On or after January 1, 1998, upon incarceration,
placement, or commitment, or prior to release on probation, any
person who is required to register under this section shall
preregister. The preregistering official shall be the admitting
officer at the place of incarceration, placement, or commitment, or
the probation officer if the person is to be released on probation.
The preregistration shall consist of both of the following:
(A) A preregistration statement in writing, signed by the person,
giving information that may be required by the Department of Justice.
(B) The fingerprints and photograph of the person.
(C) Any person who is preregistered pursuant to this subdivision
is required to be preregistered only once.
(2) A person described in paragraph (2) of subdivision (a) shall
register, or reregister if the person has previously registered, upon
release from incarceration, placement, or commitment, pursuant to
paragraph (1) of subdivision (a). The registration shall consist of
all of the following:
(A) A statement in writing signed by the person, giving
information as may be required by the Department of Justice.
(B) The fingerprints and photograph of the person.
(C) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
(D) Notice to the person that, in addition to the requirements of
paragraph (4), he or she may have a duty to register in any other
state where he or she may relocate.
(3) Within three days thereafter, the preregistering official or
the registering law enforcement agency or agencies shall forward the
statement, fingerprints, photograph, and vehicle license plate
number, if any, to the Department of Justice.
(f) (1) If any person who is required to register pursuant to this
section changes his or her residence address, the person shall
inform, in writing within five working days, the law enforcement
agency or agencies with which he or she last registered of the new
address. The law enforcement agency or agencies shall, within three
days after receipt of this information, forward a copy of the change
of address information to the Department of Justice. The Department
of Justice shall forward appropriate registration data to the law
enforcement agency or agencies having local jurisdiction of the new
place of residence.
(2) If any person who is required to register pursuant to this
section changes his or her name, the person shall inform, in person,
the law enforcement agency or agencies with which he or she is
currently registered within five working days. The law enforcement
agency or agencies shall forward a copy of this information to the
Department of Justice within three days of its receipt.
(g) (1) Any person who is required to register under this section
based on a misdemeanor conviction who willfully violates any
requirement of this section is guilty of a misdemeanor punishable by
imprisonment in a county jail not exceeding one year.
(2) Except as provided in paragraph (5), any person who is
required to register under this section based on a felony conviction
who willfully violates any requirement of this section or who has a
prior conviction for the offense of failing to register under this
section and who subsequently and willfully violates any requirement
of this section is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in this paragraph shall apply whether or not
the person has been released on parole or has been discharged from
parole.
(3) Any person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under this section, but
who has been found not guilty by reason of insanity in the sanity
phase of the trial, who willfully violates any requirement of this
section is guilty of a misdemeanor and shall be punished by
imprisonment in a county jail not exceeding one year. For any second
or subsequent willful violation of any requirement of this section,
the person is guilty of a felony and shall be punished by
imprisonment in the state prison for 16 months, or two or three
years.
(4) If, after discharge from parole, the person is convicted of a
felony as specified in this subdivision, he or she shall be required
to complete parole of at least one year, in addition to any other
punishment imposed under this subdivision. A person convicted of a
felony as specified in this subdivision may be granted probation only
in the unusual case where the interests of justice would best be
served. When probation is granted under this paragraph, the court
shall specify on the record and shall enter into the minutes the
circumstances indicating that the interests of justice would best be
served by the disposition.
(5) Any person who, as a sexually violent predator, as defined in
Section 6600 of the Welfare and Institutions Code, fails to verify
his or her registration every 90 days as required pursuant to
subparagraph (D) of paragraph (1) of subdivision (a), shall be
punished by imprisonment in the state prison, or in a county jail not
exceeding one year.
(6) In addition to any other penalty imposed under this
subdivision, any person who is required pursuant to subparagraph (B)
of paragraph (1) of subdivision (a) to update his or her registration
every 90 days and willfully fails to update his or her registration
is guilty of a misdemeanor and shall be punished by imprisonment in a
county jail not exceeding six months. Any subsequent violation of
this requirement that persons described in subdivision (B) of
paragraph (1) of subdivision (a) shall update their registration
every 90 days is also a misdemeanor and shall be punished by
imprisonment in a county jail not exceeding six months.
(7) Any person who is required to register under this section who
willfully violates any requirement of this section is guilty of a
continuing offense.
(h) Whenever any person is released on parole or probation and is
required to register under this section but fails to do so within the
time prescribed, the parole authority, the Youthful Offender Parole
Board, or the court, as the case may be, shall order the parole or
probation of the person revoked. For purposes of this subdivision,
"parole authority" has the same meaning as described in Section 3000.
(i) Except as provided in subdivisions (m) and (n) and Section
290.4, the statements, photographs, and fingerprints required by this
section shall not be open to inspection by the public or by any
person other than a regularly employed peace officer or other law
enforcement officer.
(j) In any case in which a person who would be required to
register pursuant to this section for a felony conviction is to be
temporarily sent outside the institution where he or she is confined
on any assignment within a city or county including firefighting,
disaster control, or of whatever nature the assignment may be, the
local law enforcement agency having jurisdiction over the place or
places where the assignment shall occur shall be notified within a
reasonable time prior to removal from the institution. This
subdivision shall not apply to any person who is temporarily released
under guard from the institution where he or she is confined.
(k) As used in this section, "mentally disordered sex offender"
includes any person who has been determined to be a sexual psychopath
or a mentally disordered sex offender under any provision which, on
or before January 1, 1976, was contained in Division 6 (commencing
with Section 6000) of the Welfare and Institutions Code.
(l) (1) Every person who, prior to January 1, 1997, is required to
register under this section, shall be notified whenever he or she
next reregisters of the reduction of the registration period from 14
to five working days. This notice shall be provided in writing by
the registering agency or agencies. Failure to receive this
notification shall be a defense against the penalties prescribed by
subdivision (g) if the person did register within 14 days.
(2) Every person who, as a sexually violent predator, as defined
in Section 6600 of the Welfare and Institutions Code, is required to
verify his or her registration every 90 days, shall be notified
wherever he or she next registers of his or her increased
registration obligations. This notice shall be provided in writing
by the registering agency or agencies. Failure to receive this
notice shall be a defense against the penalties prescribed by
paragraph (5) of subdivision (g).
(m) (1) When a peace officer reasonably suspects, based on
information that has come to his or her attention through information
provided by any peace officer or member of the public, that a child
or other person may be at risk from a sex offender convicted of a
crime listed in paragraph (1) of subdivision (a) of Section 290.4, a
law enforcement agency may, notwithstanding any other provision of
law, provide any of the information specified in paragraph (2) of
this subdivision about that registered sex offender that the agency
deems relevant and necessary to protect the public, to the following
persons, agencies, or organizations the offender is likely to
encounter, including, but not limited to, the following:
(A) Public and private educational institutions, day care
establishments, and establishments and organizations that primarily
serve individuals likely to be victimized by the offender.
(B) Other community members at risk.
(2) The information that may be disclosed pursuant to this section
includes the following:
(A) The offender's full name.
(B) The offender's known aliases.
(C) The offender's gender.
(D) The offender's race.
(E) The offender's physical description.
(F) The offender's photograph.
(G) The offender's date of birth.
(H) Crimes resulting in registration under this section.
(I) The offender's address, which must be verified prior to
publication.
(J) Description and license plate number of offender's vehicles or
vehicles the offender is known to drive.
(K) Type of victim targeted by the offender.
(L) Relevant parole or probation conditions, such as one
prohibiting contact with children.
(M) Dates of crimes resulting in classification under this
section.
(N) Date of release from confinement.
However, information disclosed pursuant to this subdivision shall
not include information that would identify the victim.
(3) If a law enforcement agency discloses information pursuant to
this subdivision, it shall include, with the disclosure, a statement
that the purpose of the release of the information is to allow
members of the public to protect themselves and their children from
sex offenders.
(4) For purposes of this section, "likely to encounter" means both
of the following:
(A) That the agencies, organizations, or other community members
are in a location or in close proximity to a location where the
offender lives or is employed, or that the offender visits or is
likely to visit on a regular basis.
(B) The types of interaction that ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably probable.
(5) For purposes of this section, "reasonably suspects" means that
it is objectively reasonable for a peace officer to entertain a
suspicion, based upon facts that could cause a reasonable person in a
like position, drawing when appropriate on his or her training and
experience, to suspect that a child or other person is at risk.
(6) For purposes of this section, "at risk" means a person is or
may be exposed to a risk of becoming a victim of a sex offense
committed by the offender.
(7) A law enforcement agency may continue to disclose information
on an offender under this subdivision for as long as the offender is
included in Section 290.4.
(n) In addition to the procedures set forth elsewhere in this
section, a designated law enforcement entity may advise the public of
the presence of high-risk sex offenders in its community pursuant to
this subdivision.
(1) For purposes of this subdivision:
(A) A high-risk sex offender is a person who has been convicted of
an offense specified in paragraph (1) of subdivision (a) of Section
290.4 and also meets one of the following criteria:
(i) Has been convicted of three or more violent sex offenses, at
least two of which were brought and tried separately.
(ii) Has been convicted of two violent sex offenses and one or
more violent nonsex offenses, at least two of which were brought and
tried separately.
(iii) Has been convicted of one violent sex offense and two or
more violent nonsex offenses, at least two of which were brought and
tried separately.
(iv) Has been convicted of either two violent sex offenses or one
violent sex offense and one violent nonsex offense, at least two of
which were brought and tried separately, and has been arrested on
separate occasions for three or more violent sex offenses, violent
nonsex offenses, or associated offenses.
(v) Has been adjudicated a sexually violent predator pursuant to
Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of
Division 6 of the Welfare and Institutions Code.
(B) A violent sex offense means any offense defined in Section
220, except attempt to commit mayhem, 261, 264.1, 286, 288, 288a,
288.5, 289, or 647.6, or infliction of great bodily injury during the
commission of a sex offense, as provided in Section 12022.8.
(C) A violent nonsex offense means any offense defined in Section
187, subdivision (a) of Section 192, or Section 203, 206, 207, or
236, provided that the offense is a felony, subdivision (a) of
Section 273a, Section 273d or 451, or attempted murder, as defined in
Sections 187 and 664.
(D) An associated offense means any offense defined in Section
243.4, provided that the offense is a felony, Section 311.1, 311.2,
311.3, 311.4, 311.5, 311.6, 311.7, or 314, Section 459, provided the
offense is of the first degree, Section 597 or 646.9, subdivision
(d), (h), or (i) of Section 647, Section 653m, or infliction of great
bodily injury during the commission of a felony, as defined in
Section 12022.7.
(E) For purposes of subparagraphs (B) to (D), inclusive, an arrest
or conviction for the statutory predecessor of any of the enumerated
offenses, or an arrest or conviction in any other jurisdiction for
any offense which, if committed or attempted in this state, would
have been punishable as one or more of the offenses described in
those subparagraphs, is to be considered in determining whether an
offender is a high-risk sex offender.
(F) For purposes of subparagraphs (B) to (D), inclusive, an arrest
as a juvenile or an adjudication as a ward of the juvenile court
within the meaning of Section 602 of the Welfare and Institutions
Code for any of the offenses described in those subparagraphs is to
be considered in determining whether an offender is a high-risk sex
offender.
(G) Notwithstanding subparagraphs (A) to (D), inclusive, an
offender shall not be considered to be a high-risk sex offender if
either of the following apply:
(i) The offender's most recent conviction or arrest for an offense
described in subparagraphs (B) to (D), inclusive, occurred more than
five years prior to the high-risk assessment by the Department of
Justice, excluding periods of confinement.
(ii) The offender notifies the Department of Justice, on a form
approved by the department and available at any sheriff's office,
that he or she has not been convicted in the preceding 15 years,
excluding periods of confinement, of an offense for which
registration is required under paragraph (2) of subdivision (a), and
the department is able, upon exercise of reasonable diligence, to
verify the information provided in paragraph (2).
(H) "Confinement" means confinement in a jail, prison, school,
road camp, or other penal institution, confinement in a state
hospital to which the offender was committed as a mentally disordered
sex offender under Article 1 (commencing with Section 6300) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code, or confinement in a facility designated by the Director of
Mental Health to which the offender was committed as a sexually
violent predator under Article 4 (commencing with Section 6600) of
Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions
Code.
(I) "Designated law enforcement entity" means any of the
following: municipal police department; sheriff's department;
district attorney's office; county probation department; Department
of Justice; Department of Corrections; Department of the Youth
Authority; Department of the California Highway Patrol; or the police
department of any campus of the University of California or
California State University, or community college.
(2) The Department of Justice shall continually search the records
provided to it pursuant to subdivision (b) and identify, on the
basis of those records, high-risk sex offenders. Four times each
year, the department shall provide to each chief of police and
sheriff in the state, and to any other designated law enforcement
entity upon request, the following information regarding each
identified high-risk sexual offender: full name; known aliases;
gender; race; physical description; photograph; date of birth; and
crimes resulting in classification under this section.
(3) The Department of Justice and any designated law enforcement
entity to which notice has been given pursuant to paragraph (2) may
cause to be made public, by whatever means the agency deems necessary
to ensure the public safety, based upon information available to the
agency concerning a specific person, including, but not limited to,
the information described in paragraph (2); the offender's address,
which shall be verified prior to publication; description and license
plate number of the offender's vehicles or vehicles the offender is
known to drive; type of victim targeted by the offender; relevant
parole or probation conditions, such as one prohibiting contact with
children; dates of crimes resulting in classification under this
section; and date of release from confinement; but excluding
information that would identify the victim.
(o) Agencies disseminating information to the public pursuant to
Section 290.4 shall maintain records of those persons requesting to
view the CD-ROM or other electronic media for a minimum of five
years. Agencies disseminating information to the public pursuant to
subdivision (n) shall maintain records of the means and dates of
dissemination for a minimum of five years.
(p) Law enforcement agencies and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(q) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment in the state prison. Any person who uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(r) The registration and public notification provisions of this
section are applicable to every person described in this section,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in this section, regardless of when it was
committed.
SEC. 4. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
subdivision (b) of Section 207; kidnapping, as punishable pursuant to
subdivision (d) of Section 208; Section 220, except assault to
commit mayhem; Section 243.4, provided that the offense is a felony;
paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section
261; Section 264.1; Section 266, provided that the offense is a
felony; Section 266c, provided that the offense is a felony; Section
266j; Section 267; paragraph (1) of subdivision (b) of Section 286,
provided that the offense is a felony; paragraph (2) of subdivision
(b), subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), (h) of Section 289,
provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (6) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based upon
information from the caller providing information that shall include
(A) an exact street address, including apartment number, social
security number, California driver's license or identification
number, or birth date along with additional information that may
include any of the following: name, hair color, eye color, height,
weight, distinctive markings, ethnicity; or (B) any combination of at
least six of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics
provided include ethnicity, hair color, and eye color, a seventh
identifying characteristic shall be provided. Any information
identifying the victim by name, birth date, address, or relation to
the registrant shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following.
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or
other electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months or by a fine not exceeding one thousand dollars
($1,000), or by both. This subdivision shall not apply to a law
enforcement officer who makes a copy as part of his or her official
duties in the course of a criminal investigation, court case, or as
otherwise authorized by subdivision (n) of Section 290. This
subdivision shall not prohibit copying information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year or by a fine not exceeding one thousand dollars
($1,000), or both.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) The "900" telephone number program authorized by this section
shall terminate operation on January 1, 1998.
(j) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(k) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(l) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(m) This section shall become operative on July 1, 1995, and shall
become inoperative on January 1, 1999, and as of that date is
repealed unless a later enacted statute, which becomes effective on
or before January 1, 1999, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 4.1. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
Section 207 or 209 committed with the intent to violate Section 261,
286, 288, 288a, or 289; Section 220, except assault to commit mayhem;
Section 243.4, provided that the offense is a felony; paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261; Section
264.1; Section 266, provided that the offense is a felony; Section
266c, provided that the offense is a felony; Section 266j; Section
267; paragraph (1) of subdivision (b) of Section 286, provided that
the offense is a felony; paragraph (2) of subdivision (b),
subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), (h) of Section 289,
provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (6) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based upon
information from the caller providing information that shall include
(A) an exact street address, including apartment number, social
security number, California driver's license or identification
number, or birth date along with additional information that may
include any of the following: name, hair color, eye color, height,
weight, distinctive markings, ethnicity; or (B) any combination of at
least six of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics
provided include ethnicity, hair color, and eye color, a seventh
identifying characteristic shall be provided. Any information
identifying the victim by name, birth date, address, or relation to
the registrant shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following.
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months or by a fine not exceeding one thousand dollars
($1,000), or by both. This subdivision shall not apply to a law
enforcement officer who makes a copy as part of his or her official
duties in the course of a criminal investigation, court case, or as
otherwise authorized by subdivision (n) of Section 290. This
subdivision shall not prohibit copying information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year or by a fine not exceeding one thousand dollars
($1,000), or both.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) The "900" telephone number program authorized by this section
shall terminate operation on January 1, 1998.
(j) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(k) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(l) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register
pursuant to this section arose, and to every offense described in
these sections, regardless of when it was committed.
(m) This section shall become operative on July 1, 1995, and shall
become inoperative on January 1, 1999, and as of that date is
repealed unless a later enacted statute, which becomes effective on
or before January 1, 1999, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 4.2. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
subdivision (b) of Section 207; kidnapping, as punishable pursuant to
subdivision (d) of Section 208; Section 220, except assault to
commit mayhem; Section 243.4, provided that the offense is a felony;
paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section
261; Section 264.1; Section 266, provided that the offense is a
felony; Section 266c, provided that the offense is a felony; Section
266j; Section 267; paragraph (1) of subdivision (b) of Section 286,
provided that the offense is a felony; paragraph (2) of subdivision
(b), subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (6) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based upon
information from the caller providing information that shall include
(A) an exact street address, including apartment number, social
security number, California driver's license or identification
number, or birth date along with additional information that may
include any of the following: name, hair color, eye color, height,
weight, distinctive markings, ethnicity; or (B) any combination of at
least six of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics
provided include ethnicity, hair color, and eye color, a seventh
identifying characteristic shall be provided. Any information
identifying the victim by name, birth date, address, or relation to
the registrant shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make, the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following:
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months or by a fine not exceeding one thousand dollars
($1,000), or by both. This subdivision shall not apply to a law
enforcement officer who makes a copy as part of his or her official
duties in the course of a criminal investigation, court case, or as
otherwise authorized by subdivision (n) of Section 290. This
subdivision shall not prohibit copying information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year or by a fine not exceeding one thousand dollars
($1,000), or both.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) The "900" telephone number program authorized by this section
shall terminate operation on January 1, 1998.
(j) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(k) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(l) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(m) This section shall become operative on July 1, 1995, and shall
become inoperative on January 1, 1999, and as of that date is
repealed unless a later enacted statute, which becomes effective on
or before January 1, 1999, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 4.3. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
subdivision (b) of Section 207; kidnapping, as punishable pursuant to
subdivision (d) of Section 208; Section 220, except assault to
commit mayhem; Section 243.4, provided that the offense is a felony;
paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section
261; Section 264.1; Section 266, provided that the offense is a
felony; Section 266c, provided that the offense is a felony; Section
266j; Section 267; paragraph (1) of subdivision (b) of Section 286,
provided that the offense is a felony; paragraph (2) of subdivision
(b), subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), (h) of Section 289,
provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (6) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based upon
information from the caller providing information that shall include
(A) an exact street address, including apartment number, social
security number, California driver's license or identification
number, or birth date along with additional information that may
include any of the following: name, hair color, eye color, height,
weight, distinctive markings, ethnicity; or (B) any combination of at
least six of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics
provided include ethnicity, hair color, and eye color, a seventh
identifying characteristic shall be provided. Any information
identifying the victim by name, birth date, address, or relation to
the registrant shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following.
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies,
distributes, discloses, or receives this record or information from
it, except as authorized by law, is guilty of a misdemeanor,
punishable by imprisonment in a county jail not to exceed six months
or by a fine not exceeding one thousand dollars ($1,000), or by both
that imprisonment and fine. This subdivision shall not apply to a
law enforcement officer who makes a copy as part of his or her
official duties in the course of a criminal investigation, court
case, or as otherwise authorized by subdivision (n) of Section 290.
This subdivision shall not prohibit copying information by
handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(j) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(k) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(l) No later than December 31, 1998, the Department of Justice
shall prepare an informational pamphlet that shall be mailed to any
member of the public who makes an inquiry using the "900" telephone
number required by this section and who provides an address. The
pamphlet shall provide basic information concerning appropriate steps
parents, guardians, and other responsible adults can take to ensure
a child is safe from a suspected child molester, including, but not
limited to, how to identify suspicious activity by an adult, common
facts and myths about child molesters, and how to obtain additional
help and information. A notice to callers to the "900" telephone
number that they will receive the pamphlet, if an address is
provided, shall be included in the preamble required by this section.
(m) This section shall remain operative only until January 1,
2001, and as of that date is repealed unless a later enacted statute,
which becomes effective on or before that date, deletes or extends
that date.
SEC. 4.4. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
Section 207 or 209 committed with the intent to violate Section 261,
286, 288, 288a, or 289; Section 220, except assault to commit mayhem;
Section 243.4, provided that the offense is a felony; paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261; Section
264.1; Section 266, provided that the offense is a felony; Section
266c, provided that the offense is a felony; Section 266j; Section
267; paragraph (1) of subdivision (b) of Section 286, provided that
the offense is a felony; paragraph (2) of subdivision (b),
subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (5) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based upon
information from the caller providing information that shall include
(A) an exact street address, including apartment number, social
security number, California driver's license or identification
number, or birth date along with additional information that may
include any of the following: name, hair color, eye color, height,
weight, distinctive markings, ethnicity; or (B) any combination of at
least six of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics
provided include ethnicity, hair color, and eye color, a seventh
identifying characteristic shall be provided. Any information
identifying the victim by name, birth date, address, or relation to
the registrant shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make, the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following:
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months or by a fine not exceeding one thousand dollars
($1,000), or by both. This subdivision shall not apply to a law
enforcement officer who makes a copy as part of his or her official
duties in the course of a criminal investigation, court case, or as
otherwise authorized by subdivision (n) of Section 290. This
subdivision shall not prohibit copying information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year or by a fine not exceeding one thousand dollars
($1,000), or both.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) The "900" telephone number program authorized by this section
shall terminate operation on January 1, 1998.
(j) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(k) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(l) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(m) This section shall become operative on July 1, 1995, and shall
become inoperative on January 1, 1999, and as of that date is
repealed unless a later enacted statute, which becomes effective on
or before January 1, 1999, deletes or extends the dates on which it
becomes inoperative and is repealed.
SEC. 4.5. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
Section 207 or 209 committed with the intent to violate Section 261,
286, 288, 288a, or 289; Section 220, except assault to commit mayhem;
Section 243.4, provided that the offense is a felony; paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261; Section
264.1; Section 266, provided that the offense is a felony; Section
266c, provided that the offense is a felony; Section 266j; Section
267; paragraph (1) of subdivision (b) of Section 286, provided that
the offense is a felony; paragraph (2) of subdivision (b),
subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), (h) of Section 289,
provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (6) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based
upon information from the
caller providing information that shall include (A) an exact street
address, including apartment number, social security number,
California driver's license or identification number, or birth date
along with additional information that may include any of the
following: name, hair color, eye color, height, weight, distinctive
markings, ethnicity; or (B) any combination of at least six of the
above listed characteristics if an exact birth date or address is not
available. If three of the characteristics provided include
ethnicity, hair color, and eye color, a seventh identifying
characteristic shall be provided. Any information identifying the
victim by name, birth date, address, or relation to the registrant
shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following.
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. This subdivision
shall not apply to a law enforcement officer who makes a copy as part
of his or her official duties in the course of a criminal
investigation, court case, or as otherwise authorized by subdivision
(n) of Section 290. This subdivision shall not prohibit copying
information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(j) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(k) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(l) No later than December 31, 1998, the Department of Justice
shall prepare an informational pamphlet that shall be mailed to any
member of the public who makes an inquiry using the "900" telephone
number required by this section and who provides an address. The
pamphlet shall provide basic information concerning appropriate steps
parents, guardians, and other responsible adults can take to ensure
a child is safe from a suspected child molester, including, but not
limited to, how to identify suspicious activity by an adult, common
facts and myths about child molesters, and how to obtain additional
help and information. A notice to callers to the "900" telephone
number that they will receive the pamphlet, if an address is
provided, shall be included in the preamble required by this section.
(m) This section shall remain operative only until January 1,
2001, and as of that date is repealed unless a later enacted statute,
which becomes effective on or before that date, deletes or extends
that date.
SEC. 4.6. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
subdivision (b) of Section 207; kidnapping, as punishable pursuant to
subdivision (d) of Section 208; Section 220, except assault to
commit mayhem; Section 243.4, provided that the offense is a felony;
paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section
261; Section 264.1; Section 266, provided that the offense is a
felony; Section 266c, provided that the offense is a felony; Section
266j; Section 267; paragraph (1) of subdivision (b) of Section 286,
provided that the offense is a felony; paragraph (2) of subdivision
(b), subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (6) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based upon
information from the caller providing information that shall include
(A) an exact street address, including apartment number, social
security number, California driver's license or identification
number, or birth date along with additional information that may
include any of the following: name, hair color, eye color, height,
weight, distinctive markings, ethnicity; or (B) any combination of at
least six of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics
provided include ethnicity, hair color, and eye color, a seventh
identifying characteristic shall be provided. Any information
identifying the victim by name, birth date, address, or relation to
the registrant shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make, the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following:
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. This subdivision
shall not apply to a law enforcement officer who makes a copy as part
of his or her official duties in the course of a criminal
investigation, court case, or as otherwise authorized by subdivision
(n) of Section 290. This subdivision shall not prohibit copying
information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25, 000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(j) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(k) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(l) No later than December 31, 1998, the Department of Justice
shall prepare an informational pamphlet that shall be mailed to any
member of the public who makes an inquiry using the "900" telephone
number required by this section and who provides an address. The
pamphlet shall provide basic information concerning appropriate steps
parents, guardians, and other responsible adults can take to ensure
a child is safe from a suspected child molester, including, but not
limited to, how to identify suspicious activity by an adult, common
facts and myths about child molesters, and how to obtain additional
help and information. A notice to callers to the "900" telephone
number that they will receive the pamphlet, if an address is
provided, shall be included in the preamble required by this section.
(m) This section shall remain operative only until January 1,
2001, and as of that date is repealed unless a later enacted statute,
which becomes effective on or before that date, deletes or extends
that date.
SEC. 4.7. Section 290.4 of the Penal Code is amended to read:
290.4. (a) (1) The Department of Justice shall continually
compile information as described in paragraph (2) regarding any
person required to register under Section 290 for a conviction of
Section 207 or 209 committed with the intent to violate Section 261,
286, 288, 288a, or 289; Section 220, except assault to commit mayhem;
Section 243.4, provided that the offense is a felony; paragraph (1),
(2), (3), (4), or (6) of subdivision (a) of Section 261; Section
264.1; Section 266, provided that the offense is a felony; Section
266c, provided that the offense is a felony; Section 266j; Section
267; paragraph (1) of subdivision (b) of Section 286, provided that
the offense is a felony; paragraph (2) of subdivision (b),
subdivision (c), (d), (f), (g), (i), (j), or (k) of Section 286;
Section 288; paragraph (1) of subdivision (b) of Section 288a,
provided that the offense is a felony; paragraph (2) of subdivision
(b), (c), (d), (f), (g), (i), (j), or (k) of Section 288a; Section
288.5; subdivision (a), (b), (d), (e), (f), (g), or (h) of Section
289, provided that the offense is a felony; subdivision (i) or (j) of
Section 289; Section 647.6; or the statutory predecessor of any of
these offenses or any offense which, if committed or attempted in
this state, would have been punishable as one or more of the offenses
described in this section. This requirement shall not be applied to
a person whose duty to register has been terminated pursuant to
paragraph (5) of subdivision (d) of Section 290, or to a person who
has been relieved of his or her duty to register under Section 290.5.
(2) The information shall be categorized by community of residence
and ZIP Code. The information shall include the names and known
aliases of the person, photograph, a physical description, gender,
race, date of birth, the criminal history, and the address, including
ZIP Code, in which the person resides, and any other information
that the Department of Justice deems relevant, not including
information that would identify the victim.
(3) The department shall operate a "900" telephone number that
members of the public may call and inquire whether a named individual
is listed among those described in this subdivision. The caller
shall furnish his or her first name, middle initial, and last name.
The department shall ascertain whether a named person reasonably
appears to be a person so listed and provide the caller with the
information described in paragraph (2), except the department shall
not disclose the street address or criminal history of a person
listed, except to disclose the ZIP Code area in which the person
resides and to describe the specific crimes for which the registrant
was required to register. The department shall decide whether the
named person reasonably appears to be a person listed, based upon
information from the caller providing information that shall include
(A) an exact street address, including apartment number, social
security number, California driver's license or identification
number, or birth date along with additional information that may
include any of the following: name, hair color, eye color, height,
weight, distinctive markings, ethnicity; or (B) any combination of at
least six of the above listed characteristics if an exact birth date
or address is not available. If three of the characteristics
provided include ethnicity, hair color, and eye color, a seventh
identifying characteristic shall be provided. Any information
identifying the victim by name, birth date, address, or relation to
the registrant shall be excluded by the department.
(4) (A) On or before July 1, 1997, the department shall provide a
CD-ROM or other electronic medium containing the information
described in paragraph (2), except the person's street address and
criminal history other than the specific crimes for which the person
was required to register, for all persons described in paragraph (1)
of subdivision (a), and shall distribute the CD-ROM or other
electronic medium on a quarterly basis to the sheriff's department in
each county, municipal police departments of cities with a
population of more than 200,000, and each law enforcement agency
listed in subparagraph (I) of paragraph (1) of subdivision (n) of
Section 290. These law enforcement agencies may obtain additional
copies by purchasing a yearly subscription to the CD-ROM or other
electronic medium from the Department of Justice for a yearly
subscription fee. The Department of Justice, the sheriff's
departments, and the municipal police departments of cities with a
population of more than 200,000 shall make, and the other law
enforcement agencies may make, the CD-ROM or other electronic medium
available for viewing by the public in accordance with the following:
The agency may require that a person applying to view the CD-ROM or
other electronic medium express an articulable purpose in order to
have access thereto. The applicant shall provide identification in
the form of a California driver's license or California
identification card, showing the applicant to be at least 18 years of
age, and shall sign a statement, on a form provided by the
Department of Justice, stating that the applicant is not a registered
sex offender, that he or she understands the purpose of the release
of information is to allow members of the public to protect
themselves and their children from sex offenders, and he or she
understands it is unlawful to use information obtained from the
CD-ROM or other electronic medium to commit a crime against any
registrant or to engage in illegal discrimination or harassment of
any registrant. The signed statement shall be maintained in a file
in the designated law enforcement agency's office.
(B) The records of persons requesting to view the CD-ROM or other
electronic medium are confidential, except that a copy of the
applications requesting to view the CD-ROM or other electronic medium
may be disclosed to law enforcement agencies for law enforcement
purposes.
(C) Any information identifying the victim by name, birth date,
address, or relationship to the registrant shall be excluded from the
CD-ROM or other electronic medium.
(5) (A) The income from the operation of the "900" telephone
number shall be deposited in the Sexual Predator Public Information
Account, which is hereby established within the Department of Justice
for the purpose of the implementation of this section by the
Department of Justice, including all actual and reasonable costs
related to establishing and maintaining the information described in
subdivision (a) and the CD-ROM or other electronic medium described
in this subdivision.
(B) The moneys in the Sexual Predator Public Information Account
shall consist of income from the operation of the "900" telephone
number program authorized by this section, proceeds of the loan made
pursuant to Section 6 of the act adding this section, and any other
funds made available to the account by the Legislature. Moneys in
the account shall be available to the Department of Justice upon
appropriation by the Legislature for the purpose specified in
subparagraph (A).
(C) When the "900" telephone number is called, a preamble shall be
played before charges begin to accrue. The preamble shall run at
least the length of time required by federal law and shall provide
the following information:
(i) Notice that the caller's telephone number will be recorded.
(ii) The charges for use of the "900" telephone number.
(iii) Notice that the caller is required to identify himself or
herself to the operator.
(iv) Notice that the caller is required to be 18 years of age or
older.
(v) A warning that it is illegal to use information obtained
through the "900" telephone number to commit a crime against any
registrant or to engage in illegal discrimination or harassment
against any registrant.
(vi) Notice that the caller is required to have the birth date,
California driver's license or identification number, social security
number, address, or other identifying information regarding the
person about whom information is sought in order to achieve a
positive identification of that person.
(vii) A statement that the number is not a crime hotline and that
any suspected criminal activity should be reported to local
authorities.
(viii) A statement that the caller should have a reasonable
suspicion that a person is at risk.
(D) The Department of Justice shall expend no more than six
hundred thousand dollars ($600,000) per year from any moneys
appropriated by the Legislature from the account.
(b) (1) Any person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to, any other punishment, by a five-year term of
imprisonment in the state prison.
(2) Any person who, without authorization, uses information
disclosed pursuant to this section to commit a misdemeanor shall be
subject to, in addition to any other penalty or fine imposed, a fine
of not less than five hundred dollars ($500) and not more than one
thousand dollars ($1,000).
(c) The record of the compilation of offender information on each
CD-ROM or other electronic medium distributed pursuant to this
section shall be used only for law enforcement purposes and the
public safety purposes specified in this section and Section 290.
This record shall not be distributed or removed from the custody of
the law enforcement agency that is authorized to retain it.
Information obtained from this record shall be disclosed to a member
of the public only as provided in this section or Section 290, or any
other statute expressly authorizing it.
Any person who copies, distributes, discloses, or receives this
record or information from it, except as authorized by law, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not to
exceed six months or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine. This subdivision
shall not apply to a law enforcement officer who makes a copy as part
of his or her official duties in the course of a criminal
investigation, court case, or as otherwise authorized by subdivision
(n) of Section 290. This subdivision shall not prohibit copying
information by handwriting.
Notwithstanding Section 6254.5 of the Government Code, disclosure
of information pursuant to this section is not a waiver of exemptions
under Chapter 3.5 (commencing with Section 6250) of Title 1 of
Division 7 of the Government Code and does not affect other statutory
restrictions on disclosure in other situations.
(d) Unauthorized removal or destruction of the CD-ROM or other
electronic medium from the offices of any law enforcement agency is a
misdemeanor, punishable by imprisonment in a county jail not to
exceed one year, or by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
(e) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3 of this code, Section 226.55 of the Civil Code, Sections
777.5 and 14409.2 of the Financial Code, Sections 1522.01 and
1596.871 of the Health and Safety Code, and Section 432.7 of the
Labor Code.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information, for purposes relating to
any of the following, and that is disclosed pursuant to this section,
is prohibited:
(A) Health insurance.
(B) Insurance.
(C) Loans.
(D) Credit.
(E) Employment.
(F) Education, scholarships, or fellowships.
(G) Housing or accommodations.
(H) Benefits, privileges, or services provided by any business
establishment.
(3) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) of
subdivision (e) or in violation of paragraph (2) of subdivision (e)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not less
than two hundred fifty dollars ($250), and attorney's fees, exemplary
damages, or a civil penalty not exceeding twenty-five thousand
dollars ($25,000).
(B) Whenever there is reasonable cause to believe that any person
or group of persons is engaged in a pattern or practice of misuse of
the "900" telephone number in violation of paragraph (2) of
subdivision (e), the Attorney General, any district attorney, or city
attorney, or any person aggrieved by the misuse of that number is
authorized to bring a civil action in the appropriate court
requesting preventive relief, including an application for a
permanent or temporary injunction, restraining order, or other order
against the person or group of persons responsible for the pattern or
practice of misuse. The foregoing remedies shall be independent of
any other remedies or procedures that may be available to an
aggrieved party under other provisions of law, including Part 2
(commencing with Section 43) of Division 1 of the Civil Code.
(f) This section shall not be deemed to authorize the publication,
distribution, or disclosure of the address of any person about whom
information can be published, distributed, or disclosed pursuant to
this section.
(g) Community notification shall be governed by subdivisions (m)
and (n) of Section 290.
(h) The Department of Justice shall submit to the Legislature an
annual report on the operation of the "900" telephone number required
by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997,
and July 1, 1998. The annual report shall include all of the
following:
(1) Number of calls received.
(2) Amount of income earned per year through operation of the "900"
telephone number.
(3) A detailed outline of the amount of money expended and the
manner in which it was expended for purposes of this section.
(4) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(5) Number of persons listed pursuant to subdivision (a).
(6) A summary of the success of the "900" telephone number program
based upon selected factors.
(i) Any law enforcement agency and employees of law enforcement
agencies shall be immune from liability for good faith conduct under
this section. For the purposes of this section, "law enforcement
agency" means the Attorney General, any district attorney, and any
state agency expressly authorized by statute to investigate or
prosecute law violators.
(j) On or before July 1, 2000, the Department of Justice shall
make a report to the Legislature concerning the changes to the
operation of the "900" telephone number program made by the
amendments to this section by Chapter 908 of the Statutes of 1996.
The report shall include all of the following:
(1) Number of calls received by county.
(2) Number of calls that resulted in an affirmative response and
the number of calls that resulted in a negative response with regard
to whether a named individual was listed pursuant to subdivision (a).
(3) Number of persons listed pursuant to subdivision (a).
(4) Statistical information concerning prosecutions of persons for
misuse of the "900" telephone number program, including the outcomes
of those prosecutions.
(5) A summary of the success of the "900" telephone number based
upon selected factors.
(k) The registration and public notification provisions of this
section are applicable to every person described in these sections,
without regard to when his or her crimes were committed or his or her
duty to register pursuant to this section arose, and to every
offense described in these sections, regardless of when it was
committed.
(l) No later than December 31, 1998, the Department of Justice
shall prepare an informational pamphlet that shall be mailed to any
member of the public who makes an inquiry using the "900" telephone
number required by this section and who provides an address. The
pamphlet shall provide basic information concerning appropriate steps
parents, guardians, and other responsible adults can take to ensure
a child is safe from a suspected child molester, including, but not
limited to, how to identify suspicious activity by an adult, common
facts and myths about child molesters, and how to obtain additional
help and information. A notice to callers to the "900" telephone
number that they will receive the pamphlet, if an address is
provided, shall be included in the preamble required by this section.
(m) This section shall remain operative only until January 1,
2001, and as of that date is repealed unless a later enacted statute,
which becomes effective on or before that date, deletes or extends
that date.
SEC. 5. Section 3.5 of this bill incorporates amendments to
Section 290 of the Penal Code proposed by this bill and AB 59, AB
213, AB 1303, SB 314, and SB 882. It shall only become operative if
(1) all six bills are enacted and become effective on or before
January 1, 1998, but this bill becomes operative first, (2) each bill
amends Section 290 of the Penal Code, and (3) this bill is enacted
after AB 59, AB 213, AB 1303, SB 314, and SB 882, in which case
Section 290 of the Penal Code as amended by Section 3 of this bill
shall remain operative only until January 1, 1998, at which time
Section 3.5 of this bill shall become operative.
SEC. 6. (a) Section 4.1 of this bill incorporates amendments to
Section 290.4 of the Penal Code proposed by both this bill and AB 59.
It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 1998, but this bill becomes
operative first, (2) each bill amends Section 290.4 of the Penal
Code, (3) SB 314 and SB 1078 are not enacted or as enacted do not
amend that section, and (4) this bill is enacted after AB 59, in
which case Section 290.4 of the Penal Code as amended by Section 4 of
this bill shall remain operative only until the operative date of AB
59, at which time Section 4.1 shall become operative and Sections
4.2, 4.3, 4.4, 4.5, 4.6, and 4.7 of this bill shall not become
operative.
(b) Section 4.2 of this bill incorporates amendments to Section
290.4 of the Penal Code proposed by both this bill and SB 314. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 1998, but this bill becomes
operative first, (2) each bill amends Section 290.4 of the Penal
Code, (3) AB 59 and SB 1078 are not enacted or as enacted do not
amend that section, and (4) this bill is enacted after SB 314, in
which case Section 290.4 of the Penal Code as amended by Section 4 of
this bill shall remain operative only until the operative date of SB
314, at which time Section 4.2 shall become operative and Sections
4.1, 4.3, 4.4, 4.5, 4.6, and 4.7 of this bill shall not become
operative.
(c) Section 4.3 of this bill incorporates amendments to Section
290.4 of the Penal Code proposed by both this bill and SB 1078. It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 1998, but this bill becomes
operative first, (2) each bill amends Section 290.4 of the Penal
Code, (3) AB 59 and SB 314 are not enacted or as enacted do not amend
that section, and (4) this bill is enacted after SB 1078, in which
case Section 290.4 of the Penal Code as amended by Section 4 of this
bill shall remain operative only until the operative date of SB 1078,
at which time Section 4.3 shall become operative and Sections 4.1,
4.2, 4.4, 4.5, 4.6, and 4.7 of this bill shall not become operative.
(d) Section 4.4 of this bill incorporates amendments to Section
290.4 of the Penal Code proposed by this bill, AB 59, and SB 314. It
shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 1998, but this bill becomes
operative first, (2) each bill amends Section 290.4 of the Penal
Code, (3) SB 1078 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 59 and SB 314, in
which case Section 290.4 of the Penal Code as amended by Section 4 of
this bill shall remain operative only until January 1, 1998, at
which time Section 4.4 shall become operative and Sections 4.1, 4.2,
4.3, 4.5, 4.6, and 4.7 of this bill shall not become operative.
(e) Section 4.5 of this bill incorporates amendments to Section
290.4 of the Penal Code proposed by this bill, AB 59, and SB 1078.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 1998, but this bill becomes
operative first, (2) each bill amends Section 290.4 of the Penal
Code, (3) SB 314 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after AB 59 and SB 1078, in
which case Section 290.4 of the Penal Code as amended by Section 4 of
this bill shall remain operative only until January 1, 1998, at
which time Section 4.5 shall become operative and Sections 4.1, 4.2,
4.3, 4.4, 4.6, and 4.7 of this bill shall not become operative.
(f) Section 4.6 of this bill incorporates amendments to Section
290.4 of the Penal Code proposed by this bill, SB 314, and SB 1078.
It shall only become operative if (1) all three bills are enacted and
become effective on or before January 1, 1998, but this bill becomes
operative first, (2) each bill amends Section 290.4 of the Penal
Code, (3) AB 59 is not enacted or as enacted does not amend that
section, and (4) this bill is enacted after SB 314 and SB 1078, in
which case Section 290.4 of the Penal Code as amended by Section 4 of
this bill shall remain operative only until January 1, 1998, at
which time Section 4.6 shall become operative
and Sections 4.1, 4.2, 4.3, 4.4, 4.5, and 4.7 of
this bill shall not become operative.
(g) Section 4.7 of this bill incorporates amendments to Section
290.4 of the Penal Code proposed by this bill, AB 59, SB 314, and SB
1078. It shall only become operative if (1) all four bills are
enacted and become effective on or before January 1, 1998, but this
bill becomes operative first, (2) each bill amends Section 290.4 of
the Penal Code, and (3) this bill is enacted after AB 59, SB 314, and
SB 1078, in which case Section 290.4 of the Penal Code as amended by
Section 4 of this bill shall remain operative only until January 1,
1998, at which time Section 4.7 shall become operative and Sections
4.1, 4.2, 4.3, 4.4, 4.5, and 4.6 of this bill shall not become
operative.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 8. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to provide immediate relief to individuals who were
convicted of crimes that have been decriminalized, it is necessary
that this act take effect immediately.