BILL NUMBER: SB 668 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 14, 2009
INTRODUCED BY Senator Hollingsworth
FEBRUARY 27, 2009
An act to amend Section 290 290.018
of the Penal Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 668, as amended, Hollingsworth. Sex offenders.
Existing law , the Sex Offender Registration Act,
requires persons convicted of specified sex offenses to register with
local authorities for life while residing, located, attending
school, or working in California, and requires preregistration and
reregistration, as specified. Willful failure to register,
preregister, or reregister, as required, is a misdemeanor or felony,
depending on the underlying offense. Existing law also
provides that the failure to provide information required on
registration and reregistration forms of the Department of Justice,
or the provision of false information, is punishable by imprisonment
in a county jail not to exceed one year.
This bill would require that the registration,
preregistration, or reregistration be signed under penalty of perjury
instead provide that the failure to provide
information required on registration and reregistration forms of the
Department of Justice, or the provision of false information, is a
crime punishable by imprisonment in a county jail for a period not
exceeding one year, or by imprisonment in the state prison, depending
on whether the sex offense which was the basis for requiring
registration was either a misdemeanor or felony .
By expanding the crime of perjury, a felony
changing an offense punishable only as a misdemean or
to one punishable as either a misdemeanor or a felony, additional
local costs associated with felony offenses will be incurred in those
cases prosecuted as a felony, and thus this bill
would create 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 290.018 of the Penal
Code is amended to read:
290.018. (a) Any person who is required to register under the Act
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of the Act is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
(b) Except as provided in subdivisions (f), (h), and (j), any
person who is required to register under the Act based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of the Act or who has a prior conviction or juvenile
adjudication for the offense of failing to register under the Act and
who subsequently and willfully violates any requirement of the Act
is guilty of a felony and shall be punished by imprisonment in the
state prison for 16 months, or two or three years.
(c) 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 subdivision (b) or this subdivision shall
apply whether or not the person has been released on parole or has
been discharged from parole.
(d) 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 the Act, but who has
been found not guilty by reason of insanity in the sanity phase of
the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required
pursuant to Section 290.008, but who has been found not guilty by
reason of insanity, who willfully violates any requirement of the Act
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 the Act, 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.
(e) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this act,
he or she shall be required to complete parole of at least one year,
in addition to any other punishment imposed under this section. A
person convicted of a felony as specified in this section may be
granted probation only in the unusual case where the interests of
justice would best be served. When probation is granted under this
act, 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.
(f) Any person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subdivision (b) of Section 290.012, shall be
punished by imprisonment in the state prison, or in a county jail not
exceeding one year.
(g) Except as otherwise provided in subdivision (f), any person
who is required to register or reregister pursuant to Section 290.011
and willfully fails to comply with the requirement that he or she
reregister no less than every 30 days is guilty of a misdemeanor and
shall be punished by imprisonment in a county jail for at least 30
days, but not exceeding six months. A person who willfully fails to
comply with the requirement that he or she reregister no less than
every 30 days shall not be charged with this violation more often
than once for a failure to register in any period of 90 days. Any
person who willfully commits a third or subsequent violation of the
requirements of Section 290.011 that he or she reregister no less
than every 30 days shall be punished in accordance with either
subdivision (a) or (b).
(h) Any person who fails to provide proof of residence as required
by paragraph (5) of subdivision (a) of Section 290.015, regardless
of the offense upon which the duty to register is based, is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
(i) Any person who is required to register under the Act who
willfully violates any requirement of the Act is guilty of a
continuing offense as to each requirement he or she violated.
(j) In addition to any other penalty imposed under this section,
the failure to provide information required on registration and
reregistration forms of the Department of Justice, or the provision
of false information, is a crime punishable by imprisonment in a
county jail for a period not exceeding one year .
, or by imprisonment in the state prison, as follows:
(1) Any person required to register under the Act based on a
misdemeanor conviction or juvenile adjudication who violates this
subdivision is guilty of a misdemeanor punishable by imprisonment in
a county jail for a period not exceeding one year.
(2) Any person required to register under the Act based on a
felony conviction or juvenile adjudication who violates this
subdivision is guilty of a felony punishable by imprisonment in state
prison for 16 months, or two or three years.
(k) Whenever any person is released on parole or probation and is
required to register under the Act but fails to do so within the time
prescribed, the parole authority 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.
SEC. 2. 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.
SECTION 1. Section 290 of the Penal Code is
amended to read:
290. (a) Sections 290 to 290.023, inclusive, shall be known and
may be cited as the Sex Offender Registration Act. All references to
"the Act" in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the rest of his
or her life while residing in California, or while attending school
or working in California, as described in Sections 290.002 and
290.01, shall be required to register with the chief of police of the
city in which he or she is residing, or the sheriff of the county if
he or she is residing 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 upon the
campus or in any of its facilities, within five working days of
coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily
resides, and shall be required to register thereafter in accordance
with the Act.
(c) The following persons shall be required to register:
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 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, 288, 288a, or 289, 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, 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, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3,
288.4, 288.5, 288.7, 289, or 311.1, 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; any statutory
predecessor that includes all elements of one of the above-mentioned
offenses; or any person who since that date has been or is hereafter
convicted of the attempt or conspiracy to commit any of the
above-mentioned offenses.
(d) Every registration, reregistration, and preregistration
required by the Act shall be signed under penalty of perjury.
SEC. 2. 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.