BILL ANALYSIS �
AB 1640
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ASSEMBLY THIRD READING
AB 1640 (Jones-Sawyer)
As Amended April 2, 2014
Majority vote
PUBLIC SAFETY 5-0
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|Ayes:|Ammiano, Jones-Sawyer, |
| |Quirk, Skinner, Stone, |
|-----+--------------------------|
| | |
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SUMMARY : Relieves specified non-forcible, statutory rape
offenses from mandatory lifetime sex offender registration and
leaves the decision as to whether the offender is required to
register to the discretion of the sentencing judge.
Specifically, this bill :
1)Specifies that offenders convicted of sexual penetration with
a minor 14 years of age or older shall not be required to
register as a sex offender for life unless required to do so
by the sentencing judge.
2)Specifies that offenders convicted of oral copulation with a
minor 14 years of age or older shall not be required to
register as a sex offender for life unless required to do so
by the sentencing judge.
3)Specifies that offenders convicted of sodomy with a minor 14
years of age or older shall not be required to register as a
sex offender for life unless required to do so by the
sentencing judge.
4)Specifies that offenders convicted of contacting a minor 14
years of age or older with the intent of committing sexual
penetration, oral copulation, or sodomy shall not be required
to register as a sex offender for life unless required to do
so by the sentencing judge.
EXISTING LAW :
1)Specifies that a person required to register as a sex offender
as specified, upon obtaining a certificate of rehabilitation
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shall be relieved of any further duty to register if he or she
is not in custody, on parole, or on probation.
2)States that a person required to register as a sex offender
upon obtaining a certificate of rehabilitation shall not be
relieved of the duty to register or any offense subject to
that section of which he or she is convicted in the future, if
he or she is convicted of specified offenses.
3)Provides that a person shall not be relieved of the duty to
register until that person has obtained a full pardon.
4)Provides that courts, upon granting a petition for a
certificate of rehabilitation, if the petition was granted
prior to January 1, 1998, may relieve a person of the duty to
register for specified convictions, provided that the person
was granted probation, has complied with the provisions of
registration for a continuous period of at least 10 years
immediately preceding the filing of the petition, and has not
been convicted of a felony during that period.
5)Requires persons convicted of specified sex offenses to
register for life, or reregister if the person has been
previously registered, upon release from incarceration,
placement, commitment, or release on probation. States that
the registration shall consist of all of the following:
a) A statement signed in writing by the person, giving
information as shall be required by the Department of
Justice (DOJ) and giving the name and address of the
person's employer, and the address of the person's place of
employment, if different from the employer's main address;
b) Fingerprints and a current photograph taken by the
registering official;
c) The license plate number of any vehicle owned by,
regularly driven by or registered in the name of the
registrant;
d) Notice to the person that he or she may have a duty to
register in any other state where he or she may relocate;
and,
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e) Copies of adequate proof of residence, such as a
California driver's license or identification card, recent
rent or utility receipt or any other information that the
registering official believes is reliable.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003112