BILL ANALYSIS
AB 179
Page 1
ASSEMBLY THIRD READING
AB 179 (Portantino)
As Amended April 29, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, |
| |Furutani, Gilmore, Hill, | |Ammiano, |
| |Ma, Skinner | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires the Department of Justice (DOJ), beginning
January 1, 2011, to study the feasibility and value of requiring
every person who must register as a sex offender to include in
the information provided by that person all electronic mail
(e-mail) addresses and instant message addresses he or she uses,
or intends to use, to communicate over the Internet and requires
the DOJ's study to include a determination of the value and
feasibility of incorporating this information in the Violent
Crime Information Network.
EXISTING LAW :
1)Provides that the above information shall also be provided on
the Internet Web site as to any person who has ever been
adjudicated a sexually violent predator (SVP), as defined.
2)States that the DOJ shall make available to the public via the
Internet Web site the offender's name and known aliases; a
photograph; a physical description, including gender and race;
date of birth; criminal history; and, the community of
residence and ZIP code in which the person resides, but not
the specific address, for a person convicted of specified
offenses generally deemed less serious.
AB 179
Page 2
3)Provides that the DOJ shall make a determination whether the
person has a prior or subsequent conviction of specified sex
offenses. For such a person with additional convictions, the
address at which the person resides shall be made available.
4)Provides that a person may use the information disclosed
pursuant to the DOJ's sex offender Internet Web site only to
protect a person at risk.
5)States that, except as otherwise provided, it is unlawful to
use any of the information that is disclosed pursuant to this
section for purposes related to health insurance, insurance,
loans, credit, employment, education, scholarships or
fellowships, housing or accommodations, and benefits,
privileges or services provided by any business establishment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor one-time General Fund costs, less than $50,000
for DOJ to perform a feasibility study regarding an issue with
which DOJ is quite familiar.
COMMENTS : According to the author, "Children's Internet safety
is a rising concern in California. Social networking sites
allow teenagers to communicate with their friends and others
with ease while putting them at risk of exposure to predators.
Due to the fast-growing popularity of these types of sites and
the danger posed to minors, we must act now to increase security
on the Internet. Internet predators target young people in chat
rooms and on sites such as MySpace and Friendster. Sites like
these take substantial security measures to protect children
from those who would do them harm. Even with this added
protection, minors are at risk. Predators lie about their age,
assuming the identity of teenagers and pretending to be
'friends'. Teenagers assume they can trust these people and
intentionally or unintentionally reveal private, personal
information.
"According to a 2005 study released by the University of New
Hampshire, 49% of high school students reveal their personal
information on their Web pages, such as their address, age or
name. 20% of middle school and high school students have met
strangers in person who they initially met over the Internet.
AB 179
Page 3
National Center for Missing and Exploited Children found 1 in 7
children admit receiving unwanted sexual solicitations on line;
only 5% report these solicitations to a parent or law
enforcement. California has the highest number of sex offenders
in the United States - there are over 63,000 who are listed on
the Megan's Law Web site. Clearly, California has a duty to
protect the public from these crimes."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0001119