BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 622|
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THIRD READING
Bill No: SB 622
Author: Corbett (D)
Amended: 4/7/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 3/29/11
AYES: Hancock, Anderson, Harman, Liu, Price, Steinberg
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/2/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : Sex offenders registration: out-of-state
offenders
SOURCE : Attorney Generals Office
DIGEST : This bill (1) clarifies that sex offender
registration in California for an out-of-state conviction
is based on the elements of the conviction offense or
proven or stipulated facts in the record of conviction; and
(2) requires sex offender registration in California if a
person committed an offense that requires registration in
the state of conviction.
ANALYSIS : Current law generally requires persons
convicted of enumerated sex offenses to register within
five working days of coming into a city or county, with
specified law enforcement officials in the city, county or
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city and county where he or she is domiciled, as specified.
(Penal Code Section 290.) Registration generally must be
updated annually, within five working days of a
registrant's birthday. (Penal Code Section 290.012(a).)
In some instances, registration must be updated once every
30 or 90 days, as specified. (Penal Code Sections 290.011,
290.012.)
Current statute further provides that the following persons
are required to register as a sex offender under California
law:
Any "person who, since July 1, 1944, has been, or
is hereafter convicted in any other court, including
any state, federal, or military court, of any offense
that, if committed or attempted in this state, would
have been punishable as one or more of the offenses
described in subdivision (c) of Section 290, including
offenses in which the person was a principal," as
specified;
"Any person ordered by any other court, including
any state, federal, or military court, to register as
a sex offender for any offense, if the court found at
the time of conviction or sentencing that the person
committed the offense as a result of sexual compulsion
or for purposes of sexual gratification."
Except as specified, "any person who would be
required to register while residing in the state of
conviction for a sex offense committed in that state."
(Penal Code Section 290.005.)
Recent case law, In Re Rodden (2010 3rd Dist.) 186
Cal.App.4th 24, construed statutory language to provide
that "an out-of-state conviction requires a defendant to
register as a sex offender in California only when the
least adjudicated elements of the offense satisfy all of
the elements of a crime enumerated in subdivision (c) of
section 290 or when the foreign jurisdiction required the
defendant to register as a sex offender."
This bill revises and clarifies, that California's
mandatory sex offender registration laws apply to persons
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convicted in other jurisdictions for any offense that, if
committed or attempted in California, based on the elements
of the conviction offense or proven or stipulated facts in
the record of conviction, is punishable in California as an
offense requiring mandatory sex offender registration
(change in subdivisions (a) and (d) of section 290.005).
Current law requires sex offender registration, except as
specified, for "any person who would be required to
register while residing in the state of conviction for a
sex offense committed in that state." (Penal Code Section
290.005(c).)
This bill amends this provision by providing that any
person who would be required to register as a sex offender
while residing in the state of conviction for a sex offense
committed in that state is required to register in
California.
This bill additionally includes the following uncodified
legislative findings and declarations: The Legislature
finds and declares that it intends by this legislation to
address the holding of In re Rodden (2010) 186 Cal.App.4th
24. This act is necessary to clarify the law on sex
offender registration of out-of-state sex offenders. There
is an immediate need for an amendment clarifying that the
statute permits consideration of adjudicated or stipulated
nonhearsay facts on the record of out-of-state, federal, or
military convictions to determine whether the offense would
have been punishable as a mandatory registerable offense
under California law. Without this amendment to the
statute, many high-risk sex offenders would not be required
to register as sex offenders under the court's holding in
In re Rodden .
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee analysis:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
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Sex offender registration
Non-reimbursable local costs
Local
Future incarceration Unknown,
potentially moderate General
state costs and /or significant
cost
savings
SUPPORT : (Verified 5/3/11)
Attorney General's Office (source)
Alameda County District Attorney's Office
California District Attorneys Association
California National Organization for Women
California Peace Officers Association
California Police Chiefs Association
California Probation Parole and Correctional Association
California State Sheriffs' Association
Chief Probation Officers of California
Crime Victims United of California
Peace Officers Research Association of California
OPPOSITION : (Verified 5/3/11)
ACLU
California Public Defenders Association
ARGUMENTS IN SUPPORT : The author's office states, last
year, the Third District Court of Appeal held, in In re
Rodden (2010) 186 Cal.App.4th 24, that DOJ could only
consider the least adjudicated elements of an out-of-state
conviction in order to determine whether a sex offender is
required to register in California. In other words, if a
person committed a forcible rape in another state, but the
other state's law did not require proof that force was used
in the crime, the person would not be required to register
as a sex offender in California, because such a crime
(equivalent to sexual battery in California) is not subject
to registration under California law.
As a result, many out-of-state sex offenders are not
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required to register in California, even in instances where
the same underlying facts - if proven in court - would have
required registration in California. Since the Rodden
opinion was issued on June 29, 2010, DOJ has had to
terminate the registration of many dangerous sex offenders,
in order to comply with the decision.
ARGUMENTS IN OPPOSITION : The California Public Defenders
Association, which opposes this bill, states in part:
SB 622 seeks to amend Section 290.005 of the Penal
Code, relating to registration requirements for
out-of-state convictions, so as to contradict the
holding of the Court of Appeal in In re Rodden (2010)
186 Cal.App.4th 24. Essentially this legislation
would "substitute a wholly different inquiry for
out-of-state sex convictions than that provided for
by statute" relative to in state convictions.
Presently there are 90,000 registrants pursuant to
Penal Code 290 in California. Our scarce resources
are being stretched as is to coordinate registration
and supervision of 290 registrants in the community.
The legislation is an unnecessary expansion of the
registration requirements, an expansion that has been
found by the reviewing court to be inappropriate
under the rules of statutory construction. As well
the legislation sets the statute up for an equal
protection challenge; what can be the rationale for
applying one standard for registration relative to in
state convictions and another standard for out of
state convictions.
RJG:do 5/4/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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