BILL NUMBER: AB 2208	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Torres

                        FEBRUARY 18, 2010

   An act to amend Section 290.015 of, and to add Section 290.96 to,
the Penal Code, relating to sex offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2208, as introduced, Torres. Sex offenders: social networking
prohibition.
   Existing law requires persons who have been convicted of specified
crimes, and other persons as required by a court, to register as a
sex offender. Existing law sets forth the procedure for doing so and
provides that a violation of the sex offender registration law is a
crime, punishable as specified.
   This bill would, in addition, make it a misdemeanor for any person
required to register as a sex offender to use any Internet social
network Web site, as defined. By creating a new crime, this bill
would impose a state-mandated local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 290.015 of the Penal Code is amended to read:
   290.015.  (a) A person who is subject to the Act shall register,
or reregister if the person has previously registered, upon release
from incarceration, placement, commitment, or release on probation
pursuant to subdivision (b) of Section 290. This section shall not
apply to a person who is incarcerated for less than 30 days if he or
she has registered as required by the Act, he or she returns after
incarceration to the last registered address, and the annual update
of registration that is required to occur within five working days of
his or her birthday, pursuant to subdivision (a) of Section 290.012,
did not fall within that incarceration period. The registration
shall consist of all of the following:
   (1)  (A)    A statement in writing signed by the
person, giving information as shall be required by the Department of
Justice and giving the name and address of the person's employer,
and the address of the person's place of employment if that is
different from the employer's main address. 
   (B) The statement shall include a notice that the person is
prohibited from using any Internet social network Web site pursuant
to Section 290.96. 
   (2) The fingerprints and a current photograph of the person taken
by the registering official.
   (3) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
   (4) Notice to the person that, in addition to the requirements of
the Act, he or she may have a duty to register in any other state
where he or she may relocate.
   (5) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she has
a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the date he or she is allowed to register.
   (b) Within three days thereafter, 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.
  SEC. 2.  Section 290.96 is added to the Penal Code, to read:
   290.96.  (a) Any person who is required to register under the act
shall be prohibited from using any Internet social network Web site.
   (b) Any person who violates this section is guilty of a
misdemeanor punishable by imprisonment in a county jail for not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
    (c) For the purposes of this section, "social network Web site"
means any Internet Web site designed with the intent of allowing
users to build networks or connect with other people and that
provides means for users to interact over the Internet.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.