BILL ANALYSIS �
SB 622
Page 1
SENATE THIRD READING
SB 622 (Corbett)
As Amended June 22, 2011
Majority vote
SENATE VOTE :40-0
PUBLIC SAFETY 4-1 APPROPRIATIONS 17-0
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|Ayes:|Knight, Cedillo, Hagman, |Ayes:|Fuentes, Harkey, |
| |Hill | |Blumenfield, Bradford, |
| | | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
|Nays:|Ammiano | | |
| | | | |
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SUMMARY : Modifies the standard for determining whether a person
convicted of a sex offense in another jurisdiction is required
to register as a sex offender in California. Specifically, this
bill :
1)Allows the court to consider not only the elements of the
offense, but also facts admitted by the defendant or found
true by the trier of fact, or stipulated facts in the record
of military proceedings, to determine whether an out-of-state
prior sex offense triggers sex offender registration in
California.
2)Declares that the intent behind this bill is to address the
holding of In re Rodden (2010) 186 Cal.App.4th 24, which
restricted the test for determining whether an offense from
another jurisdiction triggers sex offender registration in
California to a comparison of the elements of the respective
offenses.
EXISTING LAW :
1)Enumerates certain crimes for which a person shall be required
to register as a sex offender.
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2)Mandates sex offender registration if a person is convicted in
another jurisdiction of one of the enumerated sex crimes in
Penal Code Section 290(c) or an equivalent crime.
3)Mandates sex offender registration if it is shown that an
out-of-state, federal, or military court ordered the defendant
to register as a sex offender and at the time of conviction or
sentencing that court found that the defendant committed the
offense as a result of sexual compulsion or for purposes of
sexual gratification.
4)Requires sex offender registration if the court of another
state required the defendant to register as a sex offender
while he or she was residing in that state.
5)Exempts a person convicted in another state of an offense
similar to enumerated California offenses and who is required
to register in that state from registering in California
unless the out-of-state offense contains all of the elements
of a registerable California offense listed in Penal Code
Section 290(c).
6)Requires a person who has been discharged or paroled from an
out-of-state facility that is equivalent to the Division of
Juvenile Justice, as a result of committing an offense which,
if committed or attempted in California, would have been
punishable as one or more of enumerated sex offender
registration crimes, to register in California.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Minor annual General Fund (GF) increase to the Department of
Justice (DOJ) for costs associated with reviewing out-of-state
cases for facts beyond the conviction offense. According to
DOJ, the unit responsible for reviewing these registration
cases - as many as 1,600 per year - would not be significantly
impacted by this bill.
2)Unknown minor annual GF costs to the extent increasing the
number of felony registrants results in additional state
prison commitments for failure to comply with registration
requirements. For example, in 2009 and 2010, a total of 1,226
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persons were committed to state prison for this reason. These
commitments are on a base of about 65,000 felony registrants,
however, so the increase based on the additional 100
registrants DOJ estimates will be affected by this bill is
likely to be negligible.
3)Ongoing minor nonreimbursable local law enforcement costs for
additional registration requirements and related procedures.
COMMENTS : According to the author, "Senate Bill 622 clarifies
that an out-of-state sex offender is required to register with
the California Department of Justice (DOJ) when they move to
California. There is a need for a technical clarification of
the law in order to allow the �DOJ] to consider adjudicated or
stipulated hearsay facts of out-of-state sex offenders. Senate
Bill 622 allows the �DOJ] to resume its practice of reviewing
these out-of-state convictions in order to determine whether
they are required to register in California."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0001973