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SB-145 Sex offenders: registration.(2019-2020)

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Date Published: 05/21/2019 09:00 PM
SB145:v97#DOCUMENT

Amended  IN  Senate  May 21, 2019
Amended  IN  Senate  March 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill No. 145


Introduced by Senator Wiener

January 18, 2019


An act to amend Section 288.3 of, and to add Section 290.55 to, Sections 290, 290.006, 3000.07, 3003.5, and 3004 of the Penal Code, relating to sex offenders.


LEGISLATIVE COUNSEL'S DIGEST


SB 145, as amended, Wiener. Sex offenders: registration.
Existing law, the Sex Offender Registration Act, amended by Proposition 35, as approved by the voters at the November 6, 2012, statewide general election, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense.
This bill would authorize exempt from mandatory registration under the act a person convicted of certain offenses involving minors to seek discretionary relief from the duty to register if the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 290 of the Penal Code, as amended by Section 51 of Chapter 423 of the Statutes of 2018, 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 the person’s 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 the person is residing, or the sheriff of the county if he or she the person 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 the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her the person’s residence within, any city, county, or city and county, or campus in which he or she the person temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c) (1) 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, 287, 288, or 289 or former Section 288a, Section 207 or 209 committed with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, 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, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former Section 288a, 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 the above-mentioned 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.
(2) Notwithstanding paragraph (1), a person convicted of a violation of subdivision (b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section 289 shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.
(d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 2.

 Section 290 of the Penal Code, as amended by Section 52 of Chapter 423 of the Statutes of 2018, 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 period specified in subdivision (d) 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 the person is residing, or the sheriff of the county if he or she the person 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 the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her the person’s residence within, any city, county, or city and county, or campus in which he or she the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c) (1) The following persons shall register:
Every 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, 287, 288, or 289 or former Section 288a, Section 207 or 209 committed with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, 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, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former Section 288a, 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 the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(2) Notwithstanding paragraph (1), a person convicted of a violation of subdivision (b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section 289 shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006.
(d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C) The person was convicted of violating any of the following:
(i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a.
(ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a.
(iii) Section 220.
(iv) Subdivision (b) of Section 266h.
(v) Subdivision (b) of Section 266i.
(vi) Section 266j.
(vii) Section 267.
(viii) Section 269.
(ix) Subdivision (b) or (c) of Section 288.
(x) Section 288.2.
(xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289.
(xii) Section 288.4.
(xiii) Section 288.5.
(xiv) Section 288.7.
(xv) Subdivision (c) of Section 653f.
(xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E) The person is a habitual sex offender pursuant to Section 667.71.
(F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H) The person is required to register pursuant to Section 290.004.
(I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L) The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M) The person was convicted of violating Section 264.1.
(N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 287 or former Section 288a.
(Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4) (A) A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B) If the person’s duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i) The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii) The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii) The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5) (A) The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her the appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her the individual registers towards the individual’s mandated minimum registration period.
(B) The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within 24 months of his or her the individual’s placement in the tier-to-be-determined category.
(e) The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f) Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g) This section shall become operative on January 1, 2021.

SEC. 3.

 Section 290.006 of the Penal Code, as amended by Section 3 of Chapter 541 of the Statutes of 2017, is amended to read:

290.006.
 (a) Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of act, who is not required to register pursuant to Section 290, shall so register, if the court finds 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. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

SEC. 4.

 Section 290.006 of the Penal Code, as added by Section 4 of Chapter 541 of the Statutes of 2017, is amended to read:

290.006.
 (a) Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of act, who is not required to register pursuant to Section 290, shall so register, if the court finds 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. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b) The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding.
(c) In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following:
(1) The nature of the registerable offense.
(2) The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours.
(3) The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense.
(4) Whether the person has previously been arrested for, or convicted of, a sexually motivated offense.
(5) The person’s current risk of sexual or violent reoffense, including the person’s risk level on the SARATSO static risk assessment instrument, and, if available from past supervision for a sexual offense, the person’s risk level on the SARATSO dynamic and violence risk assessment instruments.
(d) This section shall become operative on January 1, 2021.

SEC. 5.

 Section 3000.07 of the Penal Code is amended to read:

3000.07.
 (a) Every inmate who has been convicted for any a felony violation of a “registerable sex offense” an offense described in paragraph (1) of subdivision (c) of Section 290 290, or for a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290, or any attempt to commit any of the above-mentioned offenses described in this subdivision and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for the term of his or her the inmate’s parole, or for the duration or any remaining part thereof, whichever period of time is less.
(b) Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring. No An inmate shall not be denied parole on the basis of his or her the inmate’s inability to pay for those monitoring costs.

SEC. 6.

 Section 3003.5 of the Penal Code is amended to read:

3003.5.
 (a) Notwithstanding any other provision of law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, or for a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290, that person may not, during the period of parole, reside in any single family single-family dwelling with any other person also person required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, “single family “single-family dwelling” shall not include a residential facility which serves six or fewer persons.
(b) Notwithstanding any other provision of law, it is unlawful for any person for whom registration is required pursuant to Section 290 290, or who has been convicted of a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290, to reside within 2000 2,000 feet of any public or private school, or park where children regularly gather.
(c) Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290. 290 or who has been convicted of a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290.

SEC. 7.

 Section 3004 of the Penal Code is amended to read:

3004.
 (a) Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority may require, as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or parolee agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify his or her the inmate’s or parolee’s compliance with all other conditions of parole. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the parolee and the agent supervising the parolee which that is to be used solely for the purposes of voice identification.
(b) Every inmate who has been convicted for any a felony violation of a “registerable sex offense” an offense described in paragraph (1) of subdivision (c) of Section 290 290, for a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290, or any attempt to commit any of the above-mentioned offenses described in this subdivision and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for life.
(c) Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring.

SECTION 1.Section 288.3 of the Penal Code is amended to read:
288.3.

(a)(1)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 Section 207, 209, 261, 264.1, 273a, 288, 288.2, 311.1, 311.2, 311.4 or 311.11, former Section 288a, or, except as otherwise specified in paragraph (2), Section 286, 287, or 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.

(2)(A)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 287, 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)A person convicted of violating this paragraph may seek the discretionary relief described in Section 290.55.

(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.

SEC. 2.Section 290.55 is added to the Penal Code, immediately following Section 290.5, to read:
290.55.

(a)If the only offense that requires a person to register pursuant to Section 290 is an offense specified in subdivision (b), the person may, by writ of mandate, seek discretionary relief from the duty, imposed as a result of that conviction, to register pursuant to the act if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth.

(b)This section applies to the offenses described in subdivision (b) of Section 286, subdivision (b) of Section 287, paragraph (2) of subdivision (a) of Section 288.3, and subdivisions (h) and (i) of Section 289.