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AB-201 Registered sex offenders: local ordinances.(2015-2016)



Current Version: 04/21/15 - Amended Assembly

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AB201:v98#DOCUMENT

Amended  IN  Assembly  April 21, 2015

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 201


Introduced by Assembly Member Brough Members Brough, Gipson, and Steinorth
(Coauthors: Assembly Members Baker, Chávez, Harper, Lackey, Melendez, Obernolte, Olsen, Rodriguez, Waldron, and Wilk)
(Coauthors: Senators Bates, Huff, Nielsen, Stone, and Vidak)

January 29, 2015


An act to amend Section 290.03 of the Penal Code, relating to registered sex offenders.


LEGISLATIVE COUNSEL'S DIGEST


AB 201, as amended, Brough. Registered sex offenders: local ordinances.
Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Existing law, as adopted by the voters by the passage of Proposition 83 at the November 7, 2006, statewide general election, prohibits a person who is required to register as a sex offender from living in specified places, including within 2,000 feet of a school or park where children regularly gather. Existing law authorizes municipal jurisdictions to enact local ordinances that further restrict the residency of the registered sex offender. Existing law makes it a misdemeanor for a person who is on parole for specified sex offenses to enter any park where children regularly gather without express permission from the person’s parole agent.
This bill would state that a local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a registered sex offender from residing or being present at certain locations within the local agency’s jurisdiction. The bill would authorize a local agency to adopt ordinances, rules, or regulations that are more restrictive than state law relating to a registered sex offender’s ability to reside or be present at certain locations within the local agency’s jurisdiction.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 290.03 of the Penal Code is amended to read:

290.03.
 (a) The Legislature finds and declares that a comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders residing in California communities is necessary to enhance public safety and reduce the risk of recidivism posed by these offenders. The Legislature further affirms and incorporates the following findings and declarations, previously reflected in its enactment of “Megan’s Law”:
(1) Sex offenders pose a potentially high risk of committing further sex offenses after release from incarceration or commitment, and the protection of the public from reoffending by these offenders is a paramount public interest.
(2) It is a compelling and necessary public interest that the public have information concerning persons convicted of offenses involving unlawful sexual behavior collected pursuant to Sections 290 and 290.4 to allow members of the public to adequately protect themselves and their children from these persons.
(3) Persons convicted of these offenses involving unlawful sexual behavior have a reduced expectation of privacy because of the public’s interest in public safety.
(4) In balancing the offenders’ due process and other rights against the interests of public security, the Legislature finds that releasing information about sex offenders under the circumstances specified in the Sex Offender Punishment, Control, and Containment Act of 2006 will further the primary government governmental interest of protecting vulnerable populations from potential harm.
(5) The registration of sex offenders, the public release of specified information about certain sex offenders pursuant to Sections 290 and 290.4, and public notice of the presence of certain high risk high-risk sex offenders in communities will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems that deal with these offenders.
(6) To protect the safety and general welfare of the people of this state, it is necessary to provide for continued registration of sex offenders, for the public release of specified information regarding certain more serious sex offenders, and for community notification regarding high risk high-risk sex offenders who are about to be released from custody or who already reside in communities in this state. This policy of authorizing the release of necessary and relevant information about serious and high risk high-risk sex offenders to members of the general public is a means of assuring public protection and shall not be construed as punitive.
(7) The Legislature also declares, however, that in making information available about certain sex offenders to the public, it does not intend that the information be used to inflict retribution or additional punishment on any person convicted of a sex offense. While the Legislature is aware of the possibility of misuse, it finds that the dangers to the public of nondisclosure far outweigh the risk of possible misuse of the information. The Legislature is further aware of studies in Oregon and Washington indicating that community notification laws and public release of similar information in those states have resulted in little criminal misuse of the information and that the enhancement to public safety has been significant.
(b) In enacting the Sex Offender Punishment, Control, and Containment Act of 2006, the Legislature hereby creates a standardized, statewide system to identify, assess, monitor and contain known sex offenders for the purpose of reducing the risk of recidivism posed by these offenders, thereby protecting victims and potential victims from future harm.
(c) (1) A local agency is not preempted by state law from enacting and enforcing an ordinance that restricts a person required to register pursuant to Section 290 from residing or being present at certain locations within the local agency’s jurisdiction.
(2) A local agency may adopt ordinances, rules, or regulations that are more restrictive than state law relating to the ability of a person’s ability person required to register pursuant to Section 290 to reside or be present at certain locations within the local agency’s jurisdiction when the person is required to register pursuant to Section 290. jurisdiction.
(3) For purposes of this subdivision, “local agency” means a city, county, or city and county.