California Legislature—2013–14 Regular Session

Assembly Bill No. 1640

Introduced by Assembly Member Jones-Sawyer

February 11, 2014

An act to amend Sections 290 and 290.005 of the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

AB 1640, as introduced, Jones-Sawyer. Sex offenders: registration.

Existing law requires persons convicted of specified sex offenses, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Existing law includes among the specified offenses for which registration is required, the offenses of sodomy, oral copulation, sexual penetration, and contacting or communicating with a minor, when the offender knows or reasonably should know that the person is a minor, with the intent to commit sodomy, oral copulation, or sexual penetration.

This bill would delete from the list of offenses or attempts to commit those offenses requiring registration, sodomy, oral copulation, and sexual penetration, if in each case the offender participates in the offense with another person who is under 18 years of age or when the offender is over 21 years of age and participates in the offense with another person who is under 16 years of age. The bill would also delete from that list the offense of contacting or communicating with a minor, if the offender knows or reasonably should know that the person is a minor, with the intent to commit one of the offenses as described above. The bill would authorize a person who is convicted, on or before January 1, 2015, of any of the listed offenses to seek discretionary relief from the registration requirement. The bill would make those listed offenses subject to provisions authorizing the discretionary imposition of the registration requirement. The bill would make additional conforming changes.

Vote: majority. Appropriation: no. Fiscal committee: no. 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 rest of his
or her life while residing in California, or while attending school
or working in California, as described in Sections 290.002 and
290.01, shall begin delete be required to end delete 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 begin delete be required to end delete register:

Any 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, begin insert except subdivision (b) thereof, Section end insert 288, 288a,
begin insert except subdivision (b) thereof, end insert or begin insert Section end insert 289, begin insert except subdivisions
(h) and (i), end insert Section 207 or 209 committed with intent to violate
Section 261, 286, begin insert except subdivision (b) thereof, Section end insert 288, 288a,
begin insert except subdivision (b) thereof, end insert or begin insert Section end insert 289, begin insert except subdivisions
(h) and (i) thereof, end insert Section 220, except assault to commit mayhem,
subdivision (b) and (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,
begin insert except subdivision (b) thereof, Section end insert 288, 288a, begin insert except
subdivision (b) thereof, Section end insert 288.3, begin insert except if committed with
the intent to commit a violation of subdivision (b) of Section 286,
subdivision (b) of Section 288a, or subdivision (h) or (i) of Section
289, Section end insert 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 begin delete the above-mentioned end delete begin insert these listed end insert 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.

begin insert

(d) Any person convicted on or before January 1, 2015, of any
of the following offenses or attempt to commit any of those offenses,
may seek discretionary relief from registration imposed under
subdivision (b), if the person has not suffered any other conviction
requiring registration:

end insert begin insert

(1) Subdivision (b) of Section 286.

end insert begin insert

(2) Subdivision (b) of Section 288a.

end insert begin insert

(3) Subdivision (h) or (i) of Section 289.

end insert begin insert

(4) Section 283, if committed with the intent to commit a
violation of subdivision (b) of Section 286, subdivision (b) of
Section 288a, or subdivision (h) or (i) of Section 289.

end insert begin insert

(e) The offenses listed in subdivision (d) shall, pursuant to
Section 290.006, be subject to discretionary imposition of the
registration requirement in subdivision (b).

end insert

SEC. 2.  

Section 290.005 of the Penal Code is amended to read:

290.005.  

The following persons shall register in accordance
with the Act:

(a) Except as provided in subdivision (c) or (d), 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, based on the elements
of the convicted offense or facts admitted by the person or found
true by the trier of fact or stipulated facts in the record of military
proceedings, 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 defined in Section
31.

(b) 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.

(c) Except as provided in subdivision (d), any person who would
be required to register while residing in the state of conviction for
a sex offense committed in that state.

(d) Notwithstanding any other law, a person convicted in another
state of an offense similar to one of the following offenses who is
required to register in the state of conviction begin delete shall end delete begin insert is end insert not begin delete be end delete required
to register in California unless the out-of-state offense, based on
the elements of the conviction offense or proven or stipulated facts
in the record of conviction, contains all of the elements of a
registerable California offense described in subdivision (c) of
Section 290:

(1) Indecent exposure, pursuant to Section 314.

(2) Unlawful sexual intercourse, pursuant to Section 261.5.

(3) Incest, pursuant to Section 285.

(4) Sodomy, pursuant to Section 286, begin insert except subdivision (b)
thereof, end insert or oral copulation, pursuant to Section 288a, begin insert except
subdivision (b) thereof, end insert provided that the offender notifies the
Department of Justice that the sodomy or oral copulation conviction
was for conduct between consenting adults, as described in Section
290.019, and the department is able, upon the exercise of
reasonable diligence, to verify that fact.

(5) Pimping, pursuant to Section 266h, or pandering, pursuant
to Section 266i.