BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



           ------------------------------------------------------------ 
          |SENATE RULES COMMITTEE            |                  SB 1204|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
           ------------------------------------------------------------ 
           
                                         
                                 THIRD READING


          Bill No:  SB 1204
          Author:   Runner (R), et al
          Amended:  5/6/10
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 4/20/10
          AYES:  Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  9-0, 5/10/10
          AYES:  Kehoe, Cox, Alquist, Leno, Price, Walters, Wolk,  
            Wyland, Yee
          NO VOTE RECORDED:  Corbett, Denham


           SUBJECT  :    Social networking Web sites:  prohibition  
          applied to paroled 
                      sex offenders

           SOURCE  :     Author


           DIGEST :    This bill requires all registered sex offenders  
          to provide all of their e-mail addresses, online addresses,  
          and instant messaging user names to the local law  
          enforcement agencies no later than December 31, 2011, and,  
          thereafter, at the time of original registration and within  
          30 days of establishing a new online account.  Failure to  
          register this information will be punishable as a  
          misdemeanor.

           ANALYSIS  :    Existing law requires persons who have been  
                                                           CONTINUED





                                                               SB 1204
                                                                Page  
          2

          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 requires a person who is required to register as  
          a sex offender to inform the law enforcement agency with  
          which he/she last registered of all of his/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 makes it a  
          misdemeanor to fail to do so.  This bill permits  
          information received pursuant to these provisions to be  
          shared with the Department of Justice and other law  
          enforcement agencies, upon request.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions      2010-11     2011-12    2012-13       Fund  

          Register new information       Potentially minor local  
          costs; unlikely      Local
          with local law enforcement     to be considered a  
          reimbursable mandate

          New misdemeanor      Unknown, non-reimbursable local  
          costsLocal

           SUPPORT  :   (Verified  5/11/10)

          California State Sheriffs' Association
          District Attorney of Riverside County
          Junior League of California
          Peace Officers Research Association of California
          San Bernardino County Sheriff

           OPPOSITION  :    (Verified  5/11/10)

                                                           CONTINUED





                                                               SB 1204
                                                                Page  
          3


          American Civil Liberties Union
          California Attorneys for Criminal Justice
          California Public Defenders Association
          Taxpayers for Improving Public Safety

           ARGUMENTS IN SUPPORT  :    According to the author's office:

            "With passage of this bill, California would be the  
            second state to enact such a law. New York became the  
            first when it passed a similar bill in 2008, known as the  
            Electronic Securing and Targeting of Online Predators Act  
            (e-STOP), which was sponsored by New York Attorney  
            General Andrew Cuomo. 

            "Under e-STOP, convicted sex offenders must register all  
            of their e-mail addresses, screen names, and other  
            Internet identifiers with law enforcement.

            "On February 2, 2010, Cuomo declared that more than 4,336  
            registered New York sex offenders had been purged from  
            major social network websites since the bill passed,  
            including a man convicted of assaulting a 14-year-old boy  
            and another man who raped a 2-year-old girl. 

            "SB 1204, California's version of e-STOP, will allow law  
            enforcement to better protect children from sexual  
            predators who establish online addresses in order to  
            develop 'cyber-relationships' with young people. 

            "As John Walsh, co-founder of the National Center for  
            Missing and Exploited Children and host of 'America's  
            Most Wanted', stated in a press release issued at the  
            time of the New York law's passage, 'Social networking  
            websites have become the private hunting grounds for  
            sexual predators and they use the safety and anonymity of  
            the internet to groom their next victims.'

            "It's time that California's laws catch up with the  
            social networking trend."

           ARGUMENTS IN OPPOSITION  :    No letters on file.  
           


                                                           CONTINUED





                                                               SB 1204
                                                                Page  
          4

          RJG:mw  5/11/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****








































                                                           CONTINUED