BILL NUMBER: AB 2712 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 23, 2006
INTRODUCED BY Assembly Member Leno
( Coauthor: Assembly Member
Parra )
FEBRUARY 24, 2006
An act to amend Section 1100 of the Harbors and
Navigation Code, relating to bar pilots. Section
2079.10a of, and to add Section 2079.10b to, the Civil Code, and to
amend Sections 290.46 of the Penal Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 2712, as amended, Leno Bar pilots: safety:
environmental and property damage. Housing: sex
offenders.
Existing law requires persons who have been convicted of specified
sex offenses to register as a sex offender with the Department of
Justice and local law enforcement agencies in which they reside.
Existing law also requires the department to make certain information
regarding registered sex offenders available on the department's Web
site. Existing law further provides that a lease or rental
agreement and every contract for sale of real property to a
registered sex offender contain a notice, as specified.
Existing law generally provides that upon delivery of this notice
to the lessee or transferee of real property, the lessor, seller, or
broker is not required to provide any additional information other
than that regarding proximity of sex offenders.
This bill would, instead, provide that upon delivery of this
notice, the lessor of the real property is not required, and has no
duty to provide a lessee or transferee of residential real property,
any additional information other than that regarding proximity of sex
offenders.
This bill would also provide that no duty arising for a lessor
solely for renting residential real property to a person who is
required to register as a sex offender in this state or has been
convicted as a sex offender in another jurisdiction.
Existing law provides that a person may use information obtained
from the Department of Justice Sex Offender Web site only to protect
a person at risk.
This bill would specify that this authorization is discretionary,
and creates no duty to use the information.
This bill would declare the Legislature's intent with respect to
the lessor's rights and obligations when property is rented or leased
to registered sex offenders.
Existing law declares the policy of the Legislature to avoid
damage to waters, ecosystems and property, of specified bays of the
state and their tributaries, from vessel collision or damage, by
providing trained and regulated pilots.
This bill would extend the Legislature's policy to include the
avoidance of allision, the running of one ship upon another that is
stationary.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the
following:
(a) Lessors have certain duties under existing law in connection
with tenants of residential real property. However, current law
needs to be clarified regarding a lessor's duties related to the
tenancy of an individual who is required to register as a sex
offender under Section 290 of the Penal Code.
(b) Therefore, it is the intent of the Legislature to clarify
landlord duties related to such tenancies by finding that the
following is declaratory of existing law:
(1) Subparagraph (1) of paragraph (l) of Section 290 of the Penal
Code does not impose a duty on lessors to use information available
on the Megan's Law Web site to make decisions about housing
accommodations.
(2) Delivery of the notice to lessees or transferees of real
property contained in subdivision (a) Section 2079.10a of the Civil
Code is the only information that a lessor or transferor is required
to provide to a lessee or transferee of real property regarding the
proximity of a registered sex offender.
(3) No duty is created solely because a lessor rents or continues
to rent to a person who is registered or is required to register
under Section 290 of the Penal Code, or has been convicted of a sex
offense in another state or foreign jurisdiction.
(c) The Legislature further finds and declares that these
provisions do not enlarge or diminish other duties or rights that a
lessor may have under other laws.
SEC. 2. Section 2079.10a of the Civil
Code is amended to read:
2079.10a. (a) Every lease or rental agreement for residential
real property entered into on or after July 1, 1999, and every
contract for the sale of residential real property comprised of one
to four dwelling units entered into on or after that date, shall
contain, in not less than 8-point type, a notice as specified in
paragraph (1), (2), or (3).
(1) A contract entered into by the parties on or after July 1,
1999, and before September 1, 2005, shall contain the following
notice:
Notice: The California Department of Justice, sheriff's
departments, police departments serving jurisdictions of 200,000 or
more, and many other local law enforcement authorities maintain for
public access a database of the locations of persons required to
register pursuant to paragraph (1) of subdivision (a) of Section
290.4 of the Penal Code. The database is updated on a quarterly basis
and is a source of information about the presence of these
individuals in any neighborhood. The Department of Justice also
maintains a Sex Offender Identification Line through which inquiries
about individuals may be made. This is a "900" telephone service.
Callers must have specific information about individuals they are
checking. Information regarding neighborhoods is not available
through the "900" telephone service.
(2) A contract entered into by the parties on or after September
1, 2005, and before April 1, 2006, shall contain either the notice
specified in paragraph (1) or the notice specified in paragraph (3).
(3) A contract entered into by the parties on or after April 1,
2006, shall contain the following notice:
Notice: Pursuant to Section 290.46 of the Penal Code, information
about specified registered sex offenders is made available to the
public via an Internet Web site maintained by the Department of
Justice at www.meganslaw.ca.gov. Depending on an offender's criminal
history, this information will include either the address at which
the offender resides or the community of residence and ZIP Code in
which he or she resides.
(b) Subject to subdivision (c), upon delivery of the notice to the
lessee or transferee of the real property, the lessor ,
seller, or broker is not required , and has no duty in
law, to provide to a lessee or transferee of residential
real property any information in addition to that contained in
the notice regarding the proximity of registered sex offenders. The
information in the notice shall be deemed to be adequate to inform
the lessee or transferee about the existence of a statewide database
of the locations of registered sex offenders and information from the
database regarding those locations. The information in the notice
shall not give rise to any cause of action against the disclosing
party by a registered sex offender.
(c) Notwithstanding subdivisions (a) and (b), nothing in this
section shall alter any existing duty of the lessor, seller, or
broker under any other statute or decisional law including, but not
limited to, the duties of a lessor, seller, or broker under this
article, or the duties of a seller or broker under Article 1.5
(commencing with Section 1102) of Chapter 2 of Title 4 of Part 4 of
Division 2.
SEC. 3. Section 2079.10b is added to the
Civil Code , to read:
2079.10b. (a) No duty shall arise for a lessor solely for renting
residential real property to a person who is registered or who is
required to register under Section 290 of the Penal Code, or who is a
person who has been convicted as a sex offender in another state or
foreign jurisdiction.
(b) This section is not intended to enlarge or diminish any other
duty or right that a lessor may have under other laws with respect to
a tenant of residential real property.
(c) For the purposes of this section, the word lessor shall
include an owner, landlord, seller, or broker of residential real
property, or his or her agent, or any agent of a transferor or
transferee of residential real property.
SEC. 4. Section 290.46 of the Penal
Code is amended to read:
290.46. (a) On or before the dates specified in this section, the
Department of Justice shall make available information concerning
persons who are required to register pursuant to Section 290 to the
public via an Internet Web site as specified in this section. The
department shall update the Internet Web site on an ongoing basis.
All information identifying the victim by name, birth date, address,
or relationship to the registrant shall be excluded from the Internet
Web site. The name or address of the person's employer and the
listed person's criminal history other than the specific crimes for
which the person is required to register shall not be included on the
Internet Web site. The Internet Web site shall be translated into
languages other than English as determined by the department.
(b) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, paragraph (2),
the Department of Justice shall make available to the public via the
Internet Web site his or her name and known aliases, a photograph, a
physical description, including gender and race, date of birth,
criminal history, the address at which the person resides, and any
other information that the Department of Justice deems relevant, but
not the information excluded pursuant to subdivision (a).
(2) This subdivision shall apply to the following offenses and
offenders:
(A) Section 207 committed with intent to violate Section 261, 286,
288, 288a, or 289.
(B) Section 209 committed with intent to violate Section 261, 286,
288, 288a, or 289.
(C) Paragraph (2) or (6) of subdivision (a) of Section 261.
(D) Section 264.1.
(E) Section 269.
(F) Subdivision (c) or (d) of Section 286.
(G) Subdivision (a), (b), or (c) of Section 288, provided that the
offense is a felony.
(H) Subdivision (c) or (d) of Section 288a.
(I) Section 288.5.
(J) Subdivision (a) or (j) of Section 289.
(K) Any person who has ever been adjudicated a sexually violent
predator as defined in Section 6600 of the Welfare and Institutions
Code.
(c) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in paragraph (2), the Department of
Justice shall make available to the public via the Internet Web site
his or her name and known aliases, a photograph, a physical
description, including gender and race, date of birth, criminal
history, the community of residence and ZIP Code in which the person
resides or the county in which the person is registered as a
transient, and any other information that the Department of Justice
deems relevant, but not the information excluded pursuant to
subdivision (a). On or before July 1, 2006, the Department of Justice
shall determine whether any person convicted of an offense listed in
paragraph (2) also has one or more prior or subsequent convictions
of an offense listed in paragraph (2) of subdivision (a) of Section
290, and, for those persons, the Department of Justice shall make
available to the public via the Internet Web site the address at
which the person resides. However, the address at which the person
resides shall not be disclosed until a determination is made that the
person is, by virtue of his or her additional prior or subsequent
conviction of an offense listed in paragraph (2) of subdivision (a)
of Section 290, subject to this subdivision.
(2) This subdivision shall apply to the following offenses:
(A) Section 220, except assault to commit mayhem.
(B) Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 286.
(D) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 288a.
(E) Subdivision (b), (d), (e), or (i) of Section 289.
(d) (1) On or before July 1, 2005, with respect to a person who
has been convicted of the commission or the attempted commission of
any of the offenses listed in, or who is described in, this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her name and known aliases, a
photograph, a physical description, including gender and race, date
of birth, criminal history, the community of residence and ZIP Code
in which the person resides or the county in which the person is
registered as a transient, and any other information that the
Department of Justice deems relevant, but not the information
excluded pursuant to subdivision (a) or the address at which the
person resides.
(2) This subdivision shall apply to the following offenses and
offenders:
(A) Subdivision (a) of Section 243.4, provided that the offense is
a felony.
(B) Section 266, provided that the offense is a felony.
(C) Section 266c, provided that the offense is a felony.
(D) Section 266j.
(E) Section 267.
(F) Subdivision (c) of Section 288, provided that the offense is a
misdemeanor.
(G) Section 647.6.
(H) Any person required to register pursuant to Section 290 based
upon an out-of-state conviction, unless that person is excluded from
the Internet Web site pursuant to subdivision (e). However, if the
Department of Justice has determined that the out-of-state crime, if
committed or attempted in this state, would have been punishable in
this state as a crime described in subparagraph (A) of paragraph (2)
of subdivision (a) of Section 290, the person shall be placed on the
Internet Web site as provided in subdivision (b) or (c), as
applicable to the crime.
(e) (1) If a person has been convicted of the commission or the
attempted commission of any of the offenses listed in this
subdivision, and he or she has been convicted of no other offense
listed in subdivision (b), (c), or (d) other than those listed in
this subdivision, that person may file an application with the
Department of Justice, on a form approved by the department, for
exclusion from the Internet Web site. If the department determines
that the person meets the requirements of this subdivision, the
department shall grant the exclusion and no information concerning
the person shall be made available via the Internet Web site
described in this section. He or she bears the burden of proving the
facts that make him or her eligible for exclusion from the Internet
Web site. However, a person who has filed for or been granted an
exclusion from the Internet Web site is not relieved of his or her
duty to register as a sex offender pursuant to Section 290 nor from
any otherwise applicable provision of law.
(2) This subdivision shall apply to the following offenses:
(A) A felony violation of subdivision (a) of Section 243.4.
(B) Section 647.6, provided the offense is a misdemeanor.
(C) (i) An offense for which the offender successfully completed
probation, provided that the offender submits to the department a
certified copy of a probation report, presentencing report, report
prepared pursuant to Section 288.1, or other official court document
that clearly demonstrates both of the following:
(I) The offender was the victim's parent, stepparent, sibling, or
grandparent.
(II) The crime did not involve either oral copulation or
penetration of the vagina or rectum of either the victim or the
offender by the penis of the other or by any foreign object.
(ii) An offense for which the offender is on probation at the time
of his or her application, provided that the offender submits to the
department a certified copy of a probation report, presentencing
report, report prepared pursuant to Section 288.1, or other official
court document that clearly demonstrates both of the following:
(I) The offender was the victim's parent, stepparent, sibling, or
grandparent.
(II) The crime did not involve either oral copulation or
penetration of the vagina or rectum of either the victim or the
offender by the penis of the other or by any foreign object.
(iii) If, subsequent to his or her application, the offender
commits a violation of probation resulting in his or her
incarceration in county jail or state prison, his or her exclusion,
or application for exclusion, from the Internet Web site shall be
terminated.
(iv) For the purposes of this subparagraph, "successfully
completed probation" means that during the period of probation the
offender neither received additional county jail or state prison time
for a violation of probation nor was convicted of another offense
resulting in a sentence to county jail or state prison.
(f) The Department of Justice shall make a reasonable effort to
provide notification to persons who have been convicted of the
commission or attempted commission of an offense specified in
subdivision (b), (c), or (d), that on or before July 1, 2005, the
department is required to make information about specified sex
offenders available to the public via an Internet Web site as
specified in this section. The Department of Justice shall also make
a reasonable effort to provide notice that some offenders are
eligible to apply for exclusion from the Internet Web site.
(g) (1) A designated law enforcement entity, as defined in
subdivision (f) of Section 290.45, may make available information
concerning persons who are required to register pursuant to Section
290 to the public via an Internet Web site as specified in paragraph
(2).
(2) The law enforcement entity may make available by way of an
Internet Web site the information described in subdivision (c) if it
determines that the public disclosure of the information about a
specific offender by way of the entity's Internet Web site is
necessary to ensure the public safety based upon information
available to the entity concerning that specific offender.
(3) The information that may be provided pursuant to this
subdivision may include the information specified in subdivision (b)
of Section 290.45. However, that offender's address may not be
disclosed unless he or she is a person whose address is on the
Department of Justice's Internet Web site pursuant to subdivision (b)
or (c).
(h) For purposes of this section, "offense" includes the statutory
predecessors of that offense, or any offense committed in another
jurisdiction that, if committed or attempted to be committed in this
state, would have been punishable in this state as an offense listed
in subparagraph (A) of paragraph (2) of subdivision (a) of Section
290.
(i) 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.
(j) (1) 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 ten
thousand dollars ($10,000) and not more than fifty thousand dollars
($50,000).
(2) 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.
(k) Any person who is required to register pursuant to Section 290
who enters an Internet Web site established pursuant to this section
shall be punished by a fine not exceeding one thousand dollars
($1,000), imprisonment in a county jail for a period not to exceed
six months, or by both that fine and imprisonment.
(l) (1) A person is authorized to use information disclosed
pursuant to this section only to protect a person at risk.
However, this authorization is discretionary and does not create a
duty to use the information.
(2) Except as authorized under paragraph (1) or any other
provision of law, use of any information that is disclosed pursuant
to this section for purposes relating to any of the following 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) This section shall not affect authorized access to, or use of,
information pursuant to, among other provisions, Sections 11105 and
11105.3, Section 8808 of the Family 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.
(4) (A) Any use of information disclosed pursuant to this section
for purposes other than those provided by paragraph (1) or in
violation of paragraph (2) 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 information available via an Internet Web site established
pursuant to this section in violation of paragraph (2), the Attorney
General, any district attorney, or city attorney, or any person
aggrieved by the misuse 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.
(m) The 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 Section 290 arose, and to every offense
described in this section, regardless of when it was committed.
(n) On or before July 1, 2006, and every year thereafter, the
Department of Justice shall make a report to the Legislature
concerning the operation of this section.
(o) A designated law enforcement entity and its employees shall be
immune from liability for good faith conduct under this section.
SECTION 1. Section 1100 of the Harbors and
Navigation Code is amended to read:
1100. The Legislature finds and declares that it is the policy of
the state to ensure the safety of persons, vessels, and property
using Monterey Bay and the Bays of San Francisco, San Pablo, and
Suisun, and the tributaries thereof, and to avoid damage to those
waters and surrounding ecosystems as a result of vessel collision,
allision, or damage, by providing competent, efficient, and regulated
pilotage for vessels required by this division to secure pilotage
services.