BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1253|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 1253
Author: Strickland (R)
Amended: 4/27/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/20/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SUBJECT : Sex offenders: conditions of probation
SOURCE : California State Sheriffs Association
DIGEST : This bill prohibits the narrow category of sex
offenders currently eligible for probation from being
placed or residing, for the duration of the probation term,
within one-half mile of the child victim's residence, as
specified.
ANALYSIS : Current law generally prohibits probation for
certain sex crimes, as specified. (Section 1203.066 of the
Penal Code)
Current law authorizes an exception to this general rule
and allows probation to be granted in specified
intrafamilial sex crimes, only if the following terms and
conditions are met:
1. If the defendant is a member of the victim's household,
the court finds that probation is in the best interest
CONTINUED
SB 1253
Page
2
of the child victim.
2. The court finds that rehabilitation of the defendant is
feasible and that the defendant is amenable to
undergoing treatment, and the defendant is placed in a
recognized treatment program designed to deal with child
molestation immediately after the grant of probation or
the suspension of execution or imposition of sentence.
3. If the defendant is a member of the victim's household,
probation shall not be granted unless the defendant is
removed from the household of the victim until the court
determines that the best interests of the victim would
be served by his/her return. While removed from the
household, the court shall prohibit contact by the
defendant with the victim, with the exception that the
court may permit supervised contact, upon the request of
the director of the court-ordered supervised treatment
program, and with the agreement of the victim and the
victim's parent or legal guardian, other than the
defendant.
4. The court finds that there is no threat of physical harm
to the victim if probation is granted. (Section
1203.066(d) of the Penal Code (emphasis added).)
This bill adds to these provisions a requirement providing
that if the defendant is not a member of the victim's
household, the court shall prohibit the defendant from
being placed or residing within one-half mile of the child
victim's residence for the duration of the probation term
unless the court, on the record, states its reasons for
finding that this residency restriction would not serve the
best interest of the victim that the court prohibit the
defendant from being placed or residing, for the duration
of the probation term, within one-half mile of the child
victim's residence.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/27/10)
California State Sheriffs' Association (source)
SB 1253
Page
3
ARGUMENTS IN SUPPORT : The author states:
"Current law prohibits specified defendants who are
convicted of lewd or lascivious acts on a child or
continuous sexual abuse of child from being granted
probation. If the defendant is eligible for probation,
then probation is granted only if certain terms and
conditions are met. These terms and conditions do not
currently prohibit the defendant from living near their
child victim.
"If this same defendant is convicted and granted parole,
current law does allow for a residence restriction to be
imposed. An offender, who is found to be a high risk by
the Department of Corrections, shall not be placed or
reside within 1/2 mile of any school.
"These children have already suffered unimaginable harm,
regardless of whether the offender is convicted of a
misdemeanor or a felony. The children should not be
further traumatized and forced to live near their
attacker. We should do everything possible to ensure the
safety of the victim and restore their sense of security
in the neighborhood. ?
"[This bill] Prohibits a defendant convicted of lewd or
lascivious acts on a child or continuous sexual abuse of
a child from being placed or residing, for the duration
of the probation term, within 1/2 mile of the child
victim's residence."
RJG:mw 4/27/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****