Amended in Assembly April 2, 2014

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 begin insert , and to add Section 288.6 to, end insert the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

AB 1640, as amended, 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. begin insert Existing court decisions invalidated the application of the mandatory registration requirement to persons convicted of certain of these sex offenses. end insert

This bill would begin delete delete end delete begin insert conform statutory law to those court decisions by deleting end insert from the list of begin delete offenses or attempts to commit those end delete 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. begin delete 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. end delete The bill would authorize a person who is convicted, on or before January 1, 2015, of begin delete any of the listed offenses end delete begin insert 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 end insert to seek discretionary relief from the registration requirement. The bill would make begin delete those listed offenses end delete begin insert 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 end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 288.6 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 288.6. end insert   

(a) Notwithstanding Section 288.3, every person who
contacts or communicates with a minor, or attempts to contact or
communicate with a minor, who knows or reasonably should know
that the person is a minor, with intent to commit an offense
specified in subdivision (b) of Section 286, subdivision (b) of
Section 288a, or subdivision (h) or (i) of Section 289, involving
the minor shall be punished by imprisonment in the state prison
for the term prescribed for an attempt to commit the intended
offense.

(b) As used in this section, “contacts or communicates with”
shall include direct and indirect contact or communication that
may be achieved personally or by use of an agent or agency, any
print medium, any postal service, a common carrier or
communication common carrier, any electronic communications
system, or any telecommunications, wire, computer, or radio
communications device or system.

(c) A person convicted of a violation of subdivision (a) who has
previously been convicted of a violation of subdivision (a) shall
be punished by an additional and consecutive term of imprisonment
in the state prison for five years.

(d) A person convicted under subdivision (a) shall not be
required to register pursuant to subdivision (c) of Section 290.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 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 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 delete except subdivision (b) thereof, Section end delete 288, 288a, begin delete except subdivision (b) thereof, or Section 289, except subdivisions
(h) and (i), end delete begin insert or 289, end insert Section 207 or 209 committed with intent to
violate Section 261, 286, begin delete except subdivision (b) thereof, Section end delete
288, 288a, begin delete except subdivision (b) thereof, or Section 289, except
subdivisions (h) and (i) thereof end delete begin insert or 289 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, except subdivision (b) thereof,
Section 288, 288a, except subdivision (b) thereof, Section 288.3, begin delete 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 delete 288.4, 288.5, 288.7,
289, begin insert except subdivision (h) or (i) thereof, end insert 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 these listed 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.

(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 begin insert , if not already granted relief by other available
means, end insert seek discretionary relief from registration imposed under
subdivision (b), if the person has not suffered any other conviction
requiring registration:

(1) Subdivision (b) of Section 286.

(2) Subdivision (b) of Section 288a.

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

begin delete

(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 delete

(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).

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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 is not 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, except subdivision (b)
thereof, or oral copulation, pursuant to Section 288a, except
subdivision (b) thereof, 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.