BILL NUMBER: SB 1204 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 27, 2010
AMENDED IN SENATE APRIL 12, 2010
AMENDED IN SENATE MARCH 25, 2010
INTRODUCED BY Senator Runner
(Coauthor: Senator Harman)
(Coauthor: Assembly Member Lieu)
FEBRUARY 18, 2010
An act to amend Sections 290.013 and 290.015 of , and to
add Section 290.0125 to, the Penal Code, relating to sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 1204, as amended, Runner. Sex offenders: social networking
prohibition: online address notification requirement.
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 prohibit a person who is required to register as a
sex offender, as a condition of any parole, from opening an account
on, or otherwise participating in, a social networking Internet Web
site, as defined. The prohibition would apply to all registrants who
are paroled on or after January 1, 2011, and to all previously
registered parolees 10 days after receiving notice or after
reregistration. The bill would provide that it shall not be construed
to limit the parole authority from requiring additional parole
conditions which may be appropriate. By creating new crimes, this
bill would impose a state-mandated local program.
The bill would require a person who is required to register
as a sex offender to inform the law enforcement agency or agencies
with which he or she last registered of all of his or her online
addresses, e-mail addresses, and instant messaging user names no
later than December 31, 2011, and, thereafter, at the time of
original registration and within 30 days of establishing a new online
account, and would make it a misdemeanor for a person
who is required to register as a sex offender to fail to
notify the Department of Justice of any or all of his or her
online addresses, e-mail addresses, and instant messaging user
names, as specified. The bill would also provide that the department
may permit social networking Internet Web sites to access data that
is necessary to purge accounts of registered sex offenders.
do so. By creating new crimes, 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 290.0125 is added to the
Penal Code, to read:
290.0125. (a) Every person who is required to register pursuant
to the Act shall, as a condition of any parole, be prohibited from
opening an account on, or otherwise participating in, a social
networking Internet Web site, as defined in subdivision (c).
(b) Subdivision (a) shall apply to all registrants who are paroled
on or after January 1, 2011, and to all previously registered
parolees 10 days after receiving notice or after reregistration.
(c) For purposes of this chapter, a "social networking Internet
Web site" is defined as any of the following:
(1) An Internet Web site that permits members, often including
juveniles, to communicate with acquaintances and strangers, and
allows individuals to do all of the following:
(A) Construct a public or semi-public profile within a bounded
system.
(B) Articulate a list of other users with whom they share a
connection.
(C) View and traverse their list of connections and those made by
others within the system.
(2) An Internet-based service that explicitly calls itself a
dating Internet Web site.
(3) An Internet-based service that expressly prohibits
participation by convicted sex offenders.
(d) A "social networking Internet Web site" shall not include a
professional networking Internet Web site or an electronic commerce
Internet Web site, unless the Internet-based service prohibits
participation by convicted sex offenders by its own terms.
(1) A "professional networking Internet Web site" is defined as an
Internet-based service that exists primarily for the purpose of
allowing individuals to build a list of professional or business
connections.
(2) An "electronic commerce Internet Web site" is defined as an
Internet-based service that exists primarily for the sale, purchase,
or auction of goods.
(e) This section shall not be construed to limit the parole
authority from requiring additional parole conditions which may be
appropriate.
SEC. 2. SECTION 1. Section 290.013
of the Penal Code is amended to read:
290.013. (a) Any person who was last registered at a residence
address pursuant to the Act who changes his or her residence address,
whether within the jurisdiction in which he or she is currently
registered or to a new jurisdiction inside or outside the state,
shall, in person, within five working days of the move, inform the
law enforcement agency or agencies with which he or she last
registered of the move, the new address or transient location, if
known, and any plans he or she has to return to California.
(b) If the person does not know the new residence address or
location at the time of the move, the registrant shall, in person,
within five working days of the move, inform the last registering
agency or agencies that he or she is moving. The person shall later
notify the last registering agency or agencies, in writing, sent by
certified or registered mail, of the new address or location within
five working days of moving into the new residence address or
location, whether temporary or permanent.
(c) The law enforcement agency or agencies shall, within three
working days after receipt of this information, forward a copy of the
change of address information to the Department of Justice. The
Department of Justice shall forward appropriate registration data to
the law enforcement agency or agencies having local jurisdiction of
the new place of residence.
(d) If the person's new address is in a Department of Corrections
and Rehabilitation facility or state mental institution, an official
of the place of incarceration, placement, or commitment shall, within
90 days of receipt of the person, forward the registrant's change of
address information to the Department of Justice. The agency need
not provide a physical address for the registrant but shall indicate
that he or she is serving a period of incarceration or commitment in
a facility under the agency's jurisdiction. This subdivision shall
apply to persons received in a department facility or state mental
institution on or after January 1, 1999. The Department of Justice
shall forward the change of address information to the agency with
which the person last registered.
(e) A person required to register pursuant to the Act shall
notify the Department of Justice regarding
inform the law enforcement agency or agencies with which he or she
last registered of all of his or her online addresses, e-mail
addresses, and instant messaging user names no later than December
31, 2011, and thereafter, at the time of original registration
and within 30 days of establishing a new online account.
Notification may be filed in the same manner as a change of address
or may be completed and verified online as permitted by the
Department of Justice. The department may permit social networking
Internet Web sites to access data that is necessary to purge accounts
of registered sex offenders. verified online as
permitted by the Department of Justice.
(f) Notwithstanding any other law, violation of subdivision (e)
shall constitute a misdemeanor punishable by imprisonment in
the a county jail not exceeding six months, or
by a fine not exceeding one thousand dollars ($1,000), or by both
that imprisonment and fine .
SEC. 3. SEC. 2. 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) An acknowledgment that the person, while on parole, is
prohibited under Section 290.0125 from opening an account on, or
otherwise participating in, a social networking Internet Web site, as
defined in subdivision (c) of Section 290.0125.
(C)
(B) An acknowledgment that the person is required under
Section 290.0125 290.013 to notify the
Department of Justice regarding law
enforcement agency or agencies with which he or she last registered
of all of his or her online addresses, e-mail addresses, and
instant messaging user names no later than December 31, 2011, and,
thereafter, at the time of original registration and
within 30 days of establishing a new online account.
(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. 4. 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.