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AB-2681 Sex offenders: Internet access.(2007-2008)

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AB2681:v98#DOCUMENT

Amended  IN  Assembly  April 02, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 2681

Introduced  by  Assembly Member Smyth

February 22, 2008

An act to amend Sections 290.014, 290.015, and 1203.047 of, and to add Section 3005 to, the Penal Code, relating to sex offenders.


LEGISLATIVE COUNSEL'S DIGEST


AB 2681, as amended, Smyth. Sex offenders: Internet access.
Existing law provides for the registration of, the Sex Offender Registration Act, requires persons who have been convicted of specified sex offenses to register with local law enforcement, as specified. Under existing law, failure to register is a crime.
This bill would express the intent of the Legislature to enact legislation that would restrict registered sex offenders’ access to the Internet require any person who is required to register under the act for committing a crime where the trier of fact made a finding that a computer was used to facilitate the commission of the crime, to inform the registering agent as to whether or not he or she has access to a computer or other device with Internet capability. If the status of having access to a computer or other device changes, the person would be required to so inform the registering agency within 5 days. By expanding the scope of a crime, the bill would impose a state-mandated local program.
Existing law imposes various conditions on persons who are placed on probation or parole.
This bill would impose additional conditions on a person who is on probation or parole who is required to register under the act for committing a crime as to which the trier of fact made a finding that a computer was used to facilitate the commission of the crime. Those conditions include either being prohibited from using a computer or other device with Internet capability, except for employment-related purposes, or, if authorized to use a computer or other device, giving the consent to search and retrieve data from that computer or device, and installation of hardware or software that monitors Internet use. Failure to comply with those conditions would be a violation of probation or parole, as applicable, or a misdemeanor. By creating new crimes, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 290.014 of the Penal Code is amended to read:

290.014.
 (a) If any person who is required to register pursuant to the Act changes his or her name, the person shall inform, in person, the law enforcement agency or agencies with which he or she is currently registered within five working days. The law enforcement agency or agencies shall forward a copy of this information to the Department of Justice within three working days of its receipt.
(b) If any person required to register pursuant to the Act, to whom paragraph (6) of subdivision (a) of Section 290.015 applies, gains access to a computer or other device with Internet capability that he or she did not previously have, he or she shall inform, in person, the law enforcement agency or agencies with which he or she is currently registered within five working days.

SEC. 2.

 Section 290.015 of the Penal Code is amended to read:

290.015.
 (a) A person who is subject to the Act shall register, or reregister if the person has previously registered, upon release from incarceration, placement, commitment, or release on probation pursuant to subdivision (b) of Section 290. This section shall not apply to a person who is incarcerated for less than 30 days if he or she has registered as required by the Act, he or she returns after incarceration to the last registered address, and the annual update of registration that is required to occur within five working days of his or her birthday, pursuant to subdivision (a) of Section 290.012, did not fall within that incarceration period. The registration shall consist of all of the following:
(1) A statement in writing signed by the person, giving information as shall be required by the Department of Justice and giving the name and address of the person’s employer, and the address of the person’s place of employment if that is different from the employer’s main address.
(2) The fingerprints and a current photograph of the person taken by the registering official.
(3) The license plate number of any vehicle owned by, regularly driven by, or registered in the name of the person.
(4) Notice to the person that, in addition to the requirements of the Act, he or she may have a duty to register in any other state where he or she may relocate.
(5) Copies of adequate proof of residence, which shall be limited to a California driver’s license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person’s name and address, or any other information that the registering official believes is reliable. If the person has no residence and no reasonable expectation of obtaining a residence in the foreseeable future, the person shall so advise the registering official and shall sign a statement provided by the registering official stating that fact. Upon presentation of proof of residence to the registering official or a signed statement that the person has no residence, the person shall be allowed to register. If the person claims that he or she has a residence but does not have any proof of residence, he or she shall be allowed to register but shall furnish proof of residence within 30 days of the date he or she is allowed to register.
(6) If the trier of fact made a finding that a computer or any other device with Internet capability was used to facilitate the commission of a crime that requires registration pursuant to the Act, registration shall include a statement by the person as to whether or not he or she has access to a computer or other device with Internet capability.
(b) Within three days thereafter, the registering law enforcement agency or agencies shall forward the statement or statements, fingerprints, photograph, and vehicle license plate number, if any, to the Department of Justice.

SEC. 3.

 Section 1203.047 of the Penal Code is amended to read:

1203.047.
 (a) A person convicted of a violation of paragraph (1), (2), (4), or (5) of subdivision (c) of Section 502, or of a felony violation of paragraph (3), (6), (7), or (8) of subdivision (c) of Section 502, or a violation of subdivision (b) of Section 502.7 may be granted probation, but, except in unusual cases where the ends of justice would be better served by a shorter period, the period of probation shall not be less than three years and the following terms shall be imposed. During the period of probation, that person shall not accept employment where that person would use a computer connected by any means to any other computer, except upon approval of the court and notice to and opportunity to be heard by the prosecuting attorney, probation department, prospective employer, and the convicted person. Court approval shall not be given unless the court finds that the proposed employment would not pose a risk to the public.
(b) (1) A person who is required to register under the Sex Offender Registration Act where the trier of fact made a finding that a computer was used to facilitate the commission of a crime requiring that registration shall be subject to the following conditions of probation:
(A) A prohibition on accessing or using a computer without the prior written approval of the court, except that the person may use a computer, with approval of his or her probation officer, for purposes related to that person’s employment or search for employment.
(B) If authorized to use a computer, a requirement that he or she submit to periodic unannounced examinations of the computer by any law enforcement official, or his or her agent, including the retrieval and copying of all data from the computer and any internal or external peripherals, and removal of that information or equipment to conduct a more thorough inspection thereof.
(C) If authorized to use a computer, a requirement that he or she submit to the installation on the computer, at the person’s expense, of one or more software or hardware systems to monitor Internet use.
(D) Any other appropriate restrictions related to the person’s use of or access to a computer.
(2) For purposes of this subdivision, “computer” means any electronic or wireless device with Internet capability.
(3) Failure of a probationer to comply with the requirements of this subdivision is a violation of probation and a misdemeanor.

SEC. 4.

 Section 3005 is added to the Penal Code, to read:

3005.
 (a) The court shall order the following parole conditions for a person who is required to register pursuant to the Sex Offender Registration Act for a crime, and where the trier of fact made a finding that a computer was used to facilitate the commission of that crime:
(1) Prohibit the person from accessing or using a computer without the prior written approval of the court, except that the person may use a computer, with approval of his or her parole officer, for purposes related to that person’s employment or search for employment.
(2) If authorized to use a computer, require the person to submit to periodic unannounced examinations of the computer by any law enforcement official, or his or her agent, including the retrieval and copying of all data from the computer and any internal or external peripherals, and removal of that information or equipment to conduct a more thorough inspection thereof.
(3) If authorized to use a computer, require the person to submit to the installation on the computer, at the person’s expense, of one or more software or hardware systems to monitor Internet use.
(4) Any other appropriate restrictions related to the person’s use of or access to a computer.
(b) For purposes of this section, “computer” means any electronic or wireless device with Internet capability.
(c) Failure of a parolee to comply with this section is a violation of parole and a misdemeanor.

SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
SECTION 1.

It is the intent of the Legislature to enact legislation that would restrict registered sex offenders’ access to the Internet.