Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 702

Introduced by Assembly Member Ammiano

February 21, 2013

An act to amend begin delete Section end delete begin insert Sections end insert 290 begin insert and 290.006 end insert of the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

AB 702, as amended, Ammiano. Sex begin delete offenders. end delete begin insert offenders: registration. end insert

Existing law requires every person convicted of certain offenses, for the rest of his or her life while residing in California, or while attending school or working in California, as specified, to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within 5 working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and to register thereafter as specified.

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This bill would make a technical, nonsubstantive change to these provisions.

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This bill would instead establish 3 tiers of registration based on specified criteria, for periods of 10 years, 20 years, and life, respectively, as specified.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 290 of the Penal Code is amended to
read:

290.  

(a) Sections 290 to 290.024, inclusive, shall be known
and may be cited as the Sex Offender Registration Act. All
references to “the Act” in those sections are to the Sex Offender
Registration Act.

(b) Every person described in subdivision (c), for the begin delete rest of his
or her life end delete begin insert period specified in subdivision (d) end insert while residing in
California, or while attending school or working in California, as
described in Sections 290.002 and 290.01, shall be required to
register with the chief of police of the city in which he or she is
residing, or the sheriff of the county if he or she is residing in an
unincorporated area or city that has no police department, and,
additionally, with the chief of police of a campus of the University
of California, the California State University, or community college
if he or she is residing upon the campus or in any of its facilities,
within five working days of coming into, or changing his or her
residence within, any city, county, or city and county, or campus
in which he or she temporarily resides, and shall be required to
register thereafter in accordance with the Act.

(c) The following persons shall be required to register:

Every person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration,
or an attempt to perpetrate, rape or any act punishable under
Section 286, 288, 288a, or 289, Section 207 or 209 committed
with intent to violate Section 261, 286, 288, 288a, or 289, Section
220, except assault to commit mayhem, subdivision (b) begin delete and end delete begin insert or end insert (c)
of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6)
of subdivision (a) of Section 261, paragraph (1) of subdivision (a)
of Section 262 involving the use of force or violence for which
the person is sentenced to the state prison, Section 264.1, 266, or
266c, subdivision (b) of Section 266h, subdivision (b) of Section
266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4,
288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section
311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former
Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2
of Section 314, any offense involving lewd or lascivious conduct
under Section 272, or any felony violation of Section 288.2; any
statutory predecessor that includes all elements of one of the
above-mentioned offenses; or any person who since that date has
been or is hereafter convicted of the attempt or conspiracy to
commit any of the above-mentioned offenses.

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(d) (1) For purposes of this subdivision, the following
definitions apply:

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(A) “Registerable offense” means an offense or punishable act
described in subdivision (c).

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(B) “Initial registration date” means either the date the person
was released from prison after incarceration for conviction of a
registerable offense, or the date of conviction for a registerable
offense for a person who was not sentenced to prison.

end insert begin insert

(C) “Violent felony” means a felony described in subdivision
(c) of Section 667.5.

end insert begin insert

(D) “Violent registerable offense” means an offense that is both
a registerable offense and a violent felony.

end insert begin insert

(E) “SARATSO” means the State-Authorized Risk Assessment
Tool for Sex Offenders as described in Section 290.04.

end insert begin insert

(2) Every person described in subdivision (c), and every person
who is otherwise required to register pursuant to the Act, shall be
required to register as a tier one, tier two, or tier three offender,
and for a period commencing on that person’s initial registration
date, except as otherwise provided in this section, of 10 years, 20
years, or life, depending on which of the three tiers the offender
is placed, pursuant to paragraphs (3) to (5), inclusive.

end insert begin insert

(3) A tier one offender shall be subject to the registration
requirements of the Act for a period of 10 years. A person is a tier
one offender if all of subparagraphs (A) to (D), inclusive, apply,
or if subparagraph (E) applies:

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(A) The person was convicted of a registerable offense that is
not a violent offense.

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(B) The person’s score on the SARATSO is low, low-moderate,
or moderate, or the person is not eligible for assessment under the
applicable coding rules, pursuant to Section 290.06.

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(C) For a period of 10 years, commencing with the person’s
initial registration date, the person is not convicted of a
registerable offense or for a violent felony.

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(D) For a period of 10 years, commencing with the person’s
initial registration date, the person is not convicted of more than
one felony violation of the Act.

end insert begin insert

(E) The person is required by the court to register as a tier one
offender, pursuant to Section 290.006.

end insert begin insert

(4) A tier two offender shall be subject to the registration
requirements of the Act for a period of 20 years. A person is a tier
two offender if subparagraphs (A) to (C), inclusive, all apply, or
if subparagraphs (D) to (F), inclusive, all apply, or if subparagraph
(G) applies:

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(A) The person’s score on the SARATSO is moderate-high risk,
the person was convicted of a violent registerable offense, or the
person was convicted of a violation of Section 647.6.

end insert begin insert

(B) For a period of 20 years, commencing with the person’s
initial registration date, the person is not convicted of a violent
registerable offense.

end insert begin insert

(C) For a period of 20 years, commencing with the person’s
initial registration date, the person is not convicted of more than
one felony violation of the Act.

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(D) The person was a tier one offender, but was convicted of
more than one felony violation of the Act, or was convicted of a
registerable offense or a violent felony, within 10 years from the
person’s initial registration date.

end insert begin insert

(E) For a period of 20 years, commencing with the person’s
conviction described in subparagraph (D), the person is not
convicted of a violent registerable offense.

end insert begin insert

(F) For a period of 20 years, commencing with the person’s
conviction described in subparagraph (D), the person is not
convicted of a violation of the Act.

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(G) The person is required by the court to register as a tier two
offender, pursuant to Section 290.006.

end insert begin insert

(5) A tier three offender shall be subject to the registration
requirements of the Act for life. A person is a tier three offender
if any of the following apply:

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(A) The person’s score on the SARATSO is high risk.

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(B) Within 20 years of the person’s initial registration date, the
person is convicted of a violent registerable offense.

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(C) The person has at any time been committed to a state mental
hospital as a sexually violent predator pursuant to Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of Division
6 of the Welfare and Institutions Code.

end insert begin insert

(D) The person was a tier two offender, and subsequently was
convicted of more than one felony violation of the Act, or the
person is convicted of any violation of the Act after becoming a
tier two offender, and having previously been a tier one offender.

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(E) The person is required to register pursuant to Section
290.004.

end insert begin insert

(F) The person is required by the court to register as a tier three
offender pursuant to Section 290.006.

end insert begin insert

(G) The person has been convicted of a violation of subdivision
(b) or (c) of Section 236.1.

end insert begin insert

(6) Persons required to register pursuant to Section 290.005
shall be placed in the appropriate tier if the offense is assessed as
equivalent to a registerable offense. If the person’s duty to register
pursuant to Section 290.005 is based solely on the requirement of
registration in another jurisdiction, the person shall be placed in
tier two, except that the person shall be placed in tier three if any
of the following apply:

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(A) The person’s score on the SARATSO is high risk.

end insert begin insert

(B) Within 20 years of the person’s initial registration date, the
person is convicted of a violent registerable offense.

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(C) The person has at any time been committed to a state mental
hospital or mental health facility in a proceeding similar to civil
commitment as a sexually violent predator pursuant to Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of Division
6 of the Welfare and Institutions Code.

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(7) A person required to register as a tier two offender may, by
filing an application on a form approved by the Department of
Justice, petition the department for tier one status if the person
was convicted of a registerable offense, or adjudicated for an
offense described in subdivision (c) of Section 290.008, against
no more than one victim 12 to 17 years of age, inclusive; the person
was not more than 10 years older than the victim; and the act was
illegal due solely to the age of the minor. If the department
determines that the person meets the requirements for tier one
status, the department shall grant the petition. The petitioner bears
the burden of proving the facts that make the petitioner eligible
for tier one status.

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begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 290.006 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

290.006.  

Any person ordered by any court to register pursuant
to the Act for any offense not included specifically in subdivision
(c) of Section 290, shall so register, if the court finds 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. The court shall state on the record the reasons for its
findings and the reasons for requiring registration. begin insert The person
shall register as a tier one offender pursuant to Section 290, unless
the court states on the record the reasons for requiring the person
to register as a tier two or tier three offender pursuant to Section
290. end insert