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AB-311 Sex offenders: Sexual Habitual Offender Program.(2003-2004)

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CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 311

Introduced  by  Assembly Member Shirley Horton
 (Principal Coauthor(s): Senator Florez)

February 07, 2003

An act to add Section 13885.9 to the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 311, as introduced, Shirley Horton. Sex offenders: Sexual Habitual Offender Program.
Existing law requires the Attorney General to establish in the Department of Justice the Sexual Habitual Offender Program to evaluate the number of arrests and convictions for sex offenses and the length of sentence for repeat offenders. The department is required under this program to establish and maintain a sexual habitual offender file, as specified, and to provide a summary profile of each sexual habitual offender to each law enforcement agency when the individual registers in, or moves to, the area in which the law enforcement agency is located.
This bill would require the department to report to the Legislature, no later than January 1, 2004, and annually thereafter, with respect to specified information regarding sexual habitual offenders in the database.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 The Legislature finds and declares that one of the primary functions of government is the safety of its citizens. The Sexual Habitual Offender Program was intended to be a tool to identify, supervise, and prosecute sexual habitual offenders. The current estimated compliance rate of those who are required to register as sexual habitual offenders is unacceptable. Thus, this act is necessary in order for the Legislature to have the information and tools necessary to protect the people.

SEC. 2.

 Section 13885.9 is added to the Penal Code, to read:

13885.9.
 The Department of Justice shall report to the Legislature no later than January 1, 2004, and annually thereafter, with respect to the following information:
(a) The total sexual habitual offenders in the database.
(b) Sexual habitual offenders who are not currently required to register, and an itemization of why.
(c) The number of sexual habitual offenders who have registered at least once.
(d) Sexual habitual offenders who are currently required to register.
(e) Sexual habitual offenders who are in compliance with registration requirements and the rate of compliance.

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 immediately protect the people from sexual habitual offenders, it is necessary for this bill to take effect immediately as an urgency statute.