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AB-2682 Registered sex offenders: interactive video games: meeting with minors.(2015-2016)

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Amended  IN  Senate  August 11, 2016
Amended  IN  Senate  May 18, 2016
Amended  IN  Assembly  March 18, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill No. 2682


Introduced by Assembly Member Chang

February 19, 2016


An act to add Section 38755 to the Vehicle Code, relating to vehicles. 290.96 to the Penal Code, relating to crimes, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2682, as amended, Chang. Autonomous vehicles. Registered sex offenders: interactive video games: meeting with minors.
Existing law, the Sex Offender Registration Act, last amended by Proposition 35, as approved by the voters at the November 6, 2012, statewide general election, requires a person convicted of certain crimes, as specified, to register with law enforcement as a sex offender for the rest of his or her life while residing in California or while attending school or working in California, as specified.
Existing law makes it a crime for a person who is motivated by an unnatural or abnormal sexual interest in children to arrange a meeting with a minor or a person he or she believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior. Existing law makes the crime punishable by a fine not exceeding $5,000, by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment.
This bill would make it a crime, punishable by a fine not exceeding $5,000, by imprisonment in a state prison not exceeding one year, or by both the fine and imprisonment, for a registered sex offender to use an interactive video game to encourage another user of the interactive video game who is a minor to physically travel to a specified location for the purpose of meeting the minor.
By creating a new crime, 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.
This bill would declare that it is to take effect immediately as an urgency statute.

Existing law authorizes the operation of an autonomous vehicle on public roads for testing purposes by a driver who possesses the proper class of license for the type of vehicle being operated if specified requirements are satisfied. Existing law requires the Department of Motor Vehicles to adopt regulations no later than January 1, 2015, setting forth requirements for the submission of evidence of insurance, surety bond, or self-insurance, and for the submission and approval of an application to operate an autonomous vehicle.

This bill would require the department, upon the development of a model state policy on autonomous vehicles or operational guidance related to the deployment and operation of autonomous vehicles by the National Highway Traffic Safety Administration, to hold public hearings on the model policy and consider, to the extent authorized by other law, conforming department regulations with that policy.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

 Section 290.96 is added to the Penal Code, to read:

290.96.
 A person required to register under Section 290 who uses an interactive video game to encourage another user of the interactive video game who is a minor to physically travel to a specified location for the purpose of meeting the minor shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a state prison not exceeding one year, or by both the fine and imprisonment.

SEC. 2.

  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.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure the health and safety of minors across California, it is necessary that this act take effect immediately.
SECTION 1.Section 38755 is added to the Vehicle Code, to read:
38755.

Upon the development of a model state policy on autonomous vehicles or operational guidance related to the deployment and operation of autonomous vehicles by the National Highway Traffic Safety Administration, the department shall hold public hearings on the model policy and shall consider, to the extent authorized by other law, conforming department regulations with the model policy and operational guidance.