BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 43|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 445-6614 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 43
Author: Battin (R), et al
Amended: 5/11/05
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 3-0 (FAIL), 4/5/05
AYES: Alquist, Margett, Romero
NO VOTE RECORDED: Poochigian, Cedillo, Migden, Perata
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 4/26/05
AYES: Alquist, Poochigian, Margett, Perata
NOES: Migden
NO VOTE RECORDED: Cedillo, Romero
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Megans Law: applicable offenses
SOURCE : Author
DIGEST : This bill includes felony child pornography
offenses on the Megans Law Internet web site, as specified.
ANALYSIS : Existing law requires the Department of
Justice (DOJ), on or before July 1, 2005, to make specified
information about certain sex offenders available to the
public via an Internet web site, including a photograph,
physical description, and criminal history, and to update
that information on an ongoing basis. This information
also includes the home address of specified offenders and
CONTINUED
SB 43
Page
2
the community of residence and ZIP Code of others.
Existing law also provides that certain offenders with less
serious sexual offense histories, as specified, may apply
to the DOJ for exclusion
from the Internet web site.
This bill adds persons who have been convicted of various
felony offenses involving obscene matter depicting a minor
or matter depicting a minor engaging in or simulating
sexual conduct and sexual exploitation of a child to the
list of offenders whose communities of residence and ZIP
Codes
will be made available on the Internet web site unless the
registrant
applies to DOJ for exclusion from the Internet web site and
submits a probation report that states that the person
depicted in the unlawful matter at issue was at least 16
years of age at the time of the depiction, as specified.
Prior Legislation
AB 488 (Parra), Chapter 745, Statutes of 2004
SB 1780 (Hollingsworth), 2004, failed passage in Senate
Public Safety
SB 1550 (Battin), 2004, failed passage in Senate Public
Safety
SB 422 (Florez), 2003, died in Senate Appropriations
SB 327 (Battin), 2003, died in Senate Public Safety
(hearing postponed)
SB 721 (Battin), 2001-02 Session, died in Senate Public
Safety
AB 347 (Battin), 1999-2000 Session, died in the Assembly
AB 166 (Battin), 1997-98 Session, died in the Assembly
AB 2471 (Battin), 1995-96 Session, died in the Senate
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2005-06 2006-07
2007-08 Fund
CONTINUED
SB 43
Page
3
DOJ: Megan's Law <$150
General
additions
There are an estimated 1,000 sex offenders with the
specified felony child pornography offenses included in
DOJ's Violent Crime Information Network (VCIN) database
who are not otherwise on the web site for other
convictions. Many of the pornography offenses are not
noted in VCIN as felony or misdemeanor, so DOJ staff will
need to review manually the criminal history records to
determine whether the offense was a felony or
misdemeanor. Since this bill excludes persons who submit
a probation report indicating the person depicted in the
pornography was at least 16 years old, DOJ will also need
to develop a tracking system for exclusions, develop and
review applications and respond to inquiries.
Most of this work is one-time, and costs are estimated at
less than $150,000.
SUPPORT : (Verified 5/11/05)
California Correctional Supervisors Association
California District Attorneys Association
Los Angeles District Attorney's Association
Peace Officers Research Association of California
OPPOSITION : (Verified 5/11/05)
American Civil Liberties Union
California Public Defenders Association
ARGUMENTS IN SUPPORT :
The author states in part:
"?SB 43 would?include individuals involved in child
pornography or exploitation of a child for purposes of
sex and certain types of indecent exposure involving
children.
"Distribution of child pornography and adult obscenity
CONTINUED
SB 43
Page
4
has expanded exponentially with advances in computer
technology and increased availability and popular use
of the Internet. It is no longer enough to depend on
our public safety officers alone to combat this
horrendous network of predators. Our community needs
to play a greater role in awareness and intolerance of
sex crimes."
In testimony before Congress in 2002, Unit Chief for the
Federal Bureau of Investigation's Crimes Against Children
Unit stated in part:
"Our experience in the investigation of these crimes
also signals a strong correlation between child
pornography offenders and molesters of children. In
Operation Candyman, for example, of the 90 people
arrested thus far for their participation in the child
pornography e-group, 13 of them who chose to make
inculpatory statements admitted to molesting a combined
total of 48 children?
"My colleagues at the U.S. Postal Inspection Service
tell me that, according to statistics compiled from
their investigations, a frighteningly high percentage
of the child pornography offenders investigated were
also involved in the sexual molestation of children.
Their studies indicate consistently that, of the total
number of child pornographers investigated over the
past several years, nearly 40 percent have been
determined to be child molesters.
"In addition, in November 2000, Dr. Andres E.
Hernandez, PsyD., Director of the Sex Offender
Treatment Program, Federal Bureau of Prisons, FCI
Butner, presented the results of his study of child
pornography offenders?This study, among other things,
explored the correlation between child pornography
offenses and actual child molestation. Dr. Hernandez'
data indicates that the majority of the persons in his
study convicted of child pornography offenses actually
molested significant numbers of children without
detection by the criminal justice system?"
ARGUMENTS IN OPPOSITION : The American Civil Liberties
CONTINUED
SB 43
Page
5
Union stated that they "strongly opposed the recent
creation of the Internet based notification system because,
among other things, it permits the posting of an
ex-offender's name and information without a finding the
person poses a risk to the public. We oppose any further
expansion of this statute. We urge members of the
Legislature to reject counter productive bills and focus
their attention on providing services to help all
ex-offenders reintegrate into the community."
RJG:mel 5/11/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED