CALIFORNIA LEGISLATION

BILLS FOUND UNDER SEARCH FOR “Sex Offenders”

 

You may get further infomation on any bills that are in the legislature at this time by checking at the California Legislative Info Page. 

Further information on any of these bills may be obtained by clicking on the bill number, which will link to the Legislative info page for that bill.

Understanding the workings of the Legislature and the terms that are used to describe the progress of a Bill through the complex legislative process is important to making sense of the information presented below.  The following link leads to a web page developed by the Legislative Counsel to assist citizens in interpreting the specialized language.  Here is the link:  http://www.leginfo.ca.gov/guide.html

The bills that are most likely to be of interest to those of us in this field are listed below.

AB 115 (Horton)  Sex offenders: registration. html   pdf

Existing law requires persons convicted of specified sex offenses to register with local law enforcement authorities, as specified. A willful violation of these registration requirements is punishable as a misdemeanor or as a felony, as specified. Existing law requires persons who are subject to registration be informed of their duty to register upon release from incarceration or confinement in a hospital, as specified, and requires the official responsible for place of confinement or hospital to forward the person’s expected address upon release to the Department of Justice. This bill , beginning June 1, 2010, would require that the information required for registration or reregistration include all e-mail addresses , Internet service providers, and instant messaging identities that may be used by the person, as specified. The bill would also require, beginning June 1, 2010, a registering person to notify certain law enforcement personnel within 5 days of changes or additions to that person’s Internet service providers. The bill would further require the registering agency to submit the required information regarding Internet services to the Department of Justice Violent Crime Information Network . This bill contains other related provisions and other existing laws. 

 

AB 148 (Alarcon) Sex offenders. html   pdf

Existing law authorizes the use of any information relating to sex offenders disclosed on the Internet Web site maintained by the Department of Justice only to protect a person at risk and prohibits the use of the information for purposes relating to health insurance, insurance, loans, credit, employment, education, scholarships, or fellowships, housing or accommodations, or benefits, privileges, or services provided by any business establishment. This bill would remove the prohibition against using the information for purposes relating to housing or accommodation and would authorize that a lessor of residential real property may refuse to provide housing to, or evict, a sex offender whose residence address is made available on the Web site. This bill would also provide that a lessor may inform other residents of that residential real property that a person whose residence address is made available on the Internet Web site also resides in the residential real property. This bill contains other related provisions and other existing laws.

 

AB 348 (Garcia) Sex offenses: enforcement teams. html   pdf

Existing law establishes the County Sexual Assault Felony Enforcement (SAFE) Team Program to reduce violent sexual assault offenses in counties through proactive surveillance and arrest of habitual sexual offenders. This bill would appropriate $15 million from the General Fund to the Office of Emergency Services for distribution to participating county sheriffs, city police, and probation departments for implementation of county and regional SAFE teams for 3 years. Funds would also be made available to district attorneys, as specified. The bill would require the Department of Justice to study the effectiveness of the SAFE team program and to report to the Department of Finance no later than June 30, 2010. The Department of Finance would be required to make the report available to the Legislature. This bill contains other related provisions and other existing laws.

 

AB 370 (Adams) Sex offenders: residency restrictions. html   pdf

Existing law prohibits a parolee who served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, from, during the period of parole, residing in any single family dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. Existing law, however, excludes a residential facility that serves 6 or fewer persons from the definition of a single family dwelling. This bill would remove the exclusion of a residential facility which serves 6 or fewer persons from the definition of a single family dwelling and would, instead, allow a county or city to include a residential facility which serves 6 or fewer persons within the local definition of a single family dwelling. This bill would also allow a county or city to prohibit a person released on parole, after having served a term of imprisonment in state prison for any offense for which registration as a sex offender is required, from residing, during the period of parole, in any single family dwelling with any other person also on parole after having served a term of imprisonment in state prison for any offense for which registration as a sex offender is required , unless those persons are legally related by blood, marriage, or adoption.  

 

AB 379 (Galgiani) Crimes: children. html   pdf

Existing law provides that any person who willfully and lewdly commits any lewd or lascivious act, as defined, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, under specified circumstances, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of one or more felonies and shall be punished by imprisonment in the state prison for 3, 6, or 8 years. This bill would provide that the penalty for these crimes shall be 25 years to life in the state prison. This bill contains other related provisions and other existing laws.  

 

AB 386 (Benoit) Sexually violent predator proceedings: release notification. html   pdf

Existing law requires the Secretary of the Department of Corrections and Rehabilitation to refer a person who has been convicted of certain crimes of a sexual nature to the State Department of Mental Health for evaluation if the secretary determines the person may be a sexually violent predator. This bill would require the Department of Corrections and Rehabilitation to contact local law enforcement if the State Department of Mental Health does not recommend a person who was held beyond his or her scheduled release date for a sexually violent predator evaluation be committed as a sexually violent predator. The purpose of the contact would be to establish, with local law enforcement, plans for the placement and supervision of the person when paroled and plans for community notification. This bill contains other existing laws.

 

AB 442 (Parra) Sex offenses. html  pdf

Existing law establishes the offense of sexual exploitation of a child, and provides that it shall be punished by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. Existing law provides that a violation of these provisions by a person who has previously suffered a conviction for this offense is a felony. This bill would provide that a first offense may be punished by a fine of not more than $2,000, by imprisonment in a county jail not exceeding one year, or as a felony, or by both that fine and imprisonment. This bill contains other related provisions and other existing laws.

 

AB 487 (Garcia) Parole: sex offenders: specialized supervision. html   pdf

Existing law provides for a 3-year maximum period of parole for persons who are convicted of a felony, except that a maximum period of parole for persons who are convicted of certain violent felonies is 5 years and who are convicted of certain sex offenses is 10 years. This bill would place persons committed to prison for a sexual offense against a minor under the age of 14 years on intensive and specialized parole supervision, as specified. This bill contains other related provisions.

 

AB 601 (Arambula) Sex offenders. html   pdf

Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, provides that it is unlawful for any person who is required to register as a sex offender to reside within 2000 feet of any public or private school or park where children regularly gather. Existing law also provides that municipal jurisdictions may enact local ordinances that further restrict the residence of registered sex offenders. This bill would require the Department of Justice to create the Sexually Violent Predators and Rural Communities Task Force that shall develop one or more model ordinances intended to assist rural communities in dealing with Sexually Violent Predators within 18 months of its formation for presentation to the Governor, the Attorney General, and Public Safety Committees of the Senate and Assembly.

 

AB 841 (Portantino) Crime. html   pdf

Existing law provides various sex offenses that are punishable by imprisonment in the state prison for 3, 6, or 8 years. This bill would provide that any person 18 years of age or older who knowingly misrepresents his or her age with the intent to use the Internet to attempt, to commit, or to facilitate specified sex offenses is guilty of a felony and shall be punished by imprisonment in the state prison for 3, 6, or 8 years. This bill contains other related provisions and other existing laws. 

 

AB 1002 (Anderson) Pupils: notification: sex offenders. html  pdf

Existing law requires the governing boards of school districts, at the beginning of the first semester or quarter of each school year, to notify parents or guardians of minor pupils of specified rights and responsibilities of the parent or guardian and of specified school district policies and procedures. This bill would require school districts to include in the annual notification sent to parents and guardians a specified statement regarding the availability and use of the Internet Web site referred to above. School districts would also be required to post the statement and a link to the Web site on the school district’s Internet Web site and the Web sites of each of the schools within the district. By requiring school districts to perform additional duties, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws. 

 

AB 1068 (Cook) Sex offenders: schools. html  pdf

Existing law provides that any person required to register as a sex offender who comes into any school building or upon school grounds without lawful business and permission is guilty of a misdemeanor. This bill would provide that any person required to register as a sex offender who was convicted of a sex offense involving a minor, who is found to be in a parked motor vehicle that is owned by the sex offender and that is within 200 feet of a school that provides kindergarten or any of grades 1 to 12, inclusive, is guilty of an infraction, punishable by having the vehicle impounded for 30 days. This bill contains other related provisions and other existing laws.

 

AB 1172 (Runner, Sharon) Inmate release. html  pdf
Existing law requires, prior to release from the custody of the Department of Corrections and Rehabilitation of a person who has been convicted of certain crimes of a sexual nature, the director to refer that person to the State Department of Mental Health for evaluation if the director determines that person may be a sexually violent predator. This bill would include within this notice requirement persons scheduled for release from the State Department of Mental Health, including, but not limited to, conditional release, and would increase certain inmate release notice requirements from 45 days to 60 days . This bill contains other related provisions and other existing laws. 

 

AB 1176 (Spitzer) Sexually violent predators: petitions for release & discharge. html  pdf

Existing law requires, prior to release from the custody of the Department of Corrections and Rehabilitation of a person who has been convicted of certain crimes of a sexual nature, the director to refer that person to the State Department of Mental Health for evaluation if the director determines that person may be a sexually violent predator. This bill would establish a process for determining the county to hear the petition for conditional release or unconditional discharge in cases where the county of commitment is other than the county of domicile. This bill contains other existing laws.

 

AB 1197 (Aghazarian) Sex offenders: housing. html   pdf

Existing law requires registration of persons convicted of specified sex offenses. Existing law authorizes the release of the identity and certain specified information of sex offenders via the Internet, as specified. Existing law provides that the information so disclosed may only be used by a person to protect a person at risk, and that, except as authorized, the use of that information for purposes relating to, among other things, housing and accommodation, is prohibited. Violation of these provisions may result in imposition of civil damages of up to $25,000. This bill would provide that the denial or termination of tenancy of a person who has been convicted of the commission or attempted commission of specified sex offenses would be presumed to protect a person at risk. The bill would state findings and declarations of the Legislature in this regard.  

 

AB 1235 (Fuller) Sex offenders: Internet Web site: GPS monitoring. html   pdf

Existing law requires the Department of Justice to make available to the public specified information related to convicted sex offenders via an Internet Web site. This bill would, in addition, require the Department of Justice to make available to the public information relating to whether the offender is on parole for a specified sex offense or is being monitored by a Global Positioning System (GPS) device or electronic means for a specified sex offense.  

 

AB 1348 (Spitzer) Sexually violent predators: conditional release program. html   pdf

Existing law requires, prior to release from the custody of the Department of Corrections and Rehabilitation of a person who has been convicted of certain crimes of a sexual nature, the director to refer that person to the State Department of Mental Health for evaluation if the director determines that person may be a sexually violent predator. This bill would prohibit placement on conditional release unless the court finds that the person has successfully completed all phases of the department’s inpatient treatment program with progress in the treatment program, as defined. This bill contains other existing laws.

 

AB 1706 (Committee on Public Safety) Sex offenders: registration. html   pdf

Existing law requires persons who have been convicted of specified crimes, and other persons as required by a court, to register as a sex offender. Existing law sets forth the procedure for doing so. This bill would reorganize and renumber the provisions that set forth that procedure, and would make conforming technical changes in related provisions of law. This bill contains other related provisions.

 

SB 150 (Florez) Pupil safety: sex offenders. html   pdf

Existing law authorizes the governing board of a school district to provide for the transportation of pupils to and from school whenever in the judgment of the board the transportation is advisable and good reasons exist therefor. School districts are required to provide pupils who are transported in schoolbuses with instruction in schoolbus emergency procedures and passenger safety, including the provision of schoolbus safety information to certain pupils with regard to walking to and from schoolbus stops. A felony conviction of certain sex offenses within a safe school zone, defined to include areas within 100 feet of a marked schoolbus stop, is considered a circumstance in aggravation in imposing a term of imprisonment under state law. This bill would require a school district that provides transportation to and from school to pupils in kindergarten or grades 1 to 12, inclusive, to form a task force with local law enforcement agencies to discuss child safety in relation to schoolbus stops and their routes. This bill contains other related provisions and other existing laws.

 

SB 252 (Aanestad) Dentistry: registered sex offenders.  CHAPTERED html   pdf

Existing law, the Dental Practice Act, provides for the licensing and regulation of the practice of dentistry by the Dental Board of California, in the Department of Consumer Affairs, and authorizes the board to deny, revoke, or suspend a license for specified reasons. Existing law requires persons convicted of certain sex offenses to register as sex offenders, as specified. This bill would, with regard to an individual who is required to register as a sex offender, require the board to deny an application for licensure, renewal, or reinstatement of, or to revoke, a license under the Dental Practice Act, with specified exceptions.

 

SB 263 (Romero) Rehabilitative programs. html   pdf

Existing law authorizes the Department of Corrections and Rehabilitation to establish pilot programs that provide training and counseling for parolees to assist in their successful reintegration into the community. This bill would require the department to conduct an interdisciplinary assessment of new inmates and inmates that return to the department’s facilities more than 12 months after release, excluding inmates returned for parole violations. The assessment, conducted by an interdisciplinary team of professionals, would include the collection of data in specified areas, including substance use, criminal activity, and education , among others. Based on the data obtained, the interdisciplinary team would be required to develop a reentry plan for the inmate, which would progress from cognitive restructuring to educational instruction and vocational training and would include programs for easing the transition from incarceration to parole or release. This bill contains other related provisions.

 

SB 362 (Simitian) Identification devices: subcutaneous implanting. html   pdf

Existing law accords every person the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his or her personal relations, subject to the qualifications and restrictions provided by law. This bill would prohibit a person from requiring, coercing, or compelling any other individual to undergo the subcutaneous implanting of an identification device, as defined. The bill would provide for the assessment of civil penalties for a violation thereof, as specified, and would allow an aggrieved party to bring an action against a violator for damages and injunctive relief, subject to a 3-year statute of limitation, or as otherwise provided.  

 

SB 501 (Hollingsworth) Sex offenders. html   pdf

Existing law requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Willful failure to register, as required, is a misdemeanor, or felony, depending on the underlying offense. This bill would require that the registration be under penalty of perjury. This bill contains other related provisions and other existing laws.

 

SB 502 (Hollingsworth) Sexually violent predators: GPS. html   pdf

Under existing law, a person committed to a secure mental health facility as a result of being found to be a sexually violent predator, as defined, may be unconditionally released if a court determines the person is no longer a threat to the safety of others and the person successfully completes at least one year in a forensic conditional release program, as specified. This bill would require any person who has been, since January 1, 1996, or is hereafter found to be a sexually violent predator to be monitored by a global positioning system for life upon being unconditionally released. 

 

SB 503 (Hollingsworth) Sexually violent predators. html   pdf

Existing law provides that the Director of Mental Health shall provide each person who is committed as a sexually violent predator with an annual written report which shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional or unconditional release is in the best interests of the committed person and the community, as specified. This bill would incorporate additional provisions, that had been added by the Legislature in 2006, that would provide that at the hearing on the issue of whether the committed person should be conditionally released or unconditionally discharged, the committed person’s failure to engage in treatment shall be considered evidence that his or her condition has not changed, and a jury shall be so instructed. This bill contains other related provisions and other existing laws.

 

SB 505 (Hollingsworth) High risk sex offenders. html   pdf

Existing law generally regulates sex offender registration and requires certain offenders to wear global positioning system devices, as specified. This bill would express the intent of the Legislature to enact legislation requiring all transient high risk sex offenders to wear global positioning system devices for life and to register with authorities every 5 days. It is further the intent of the Legislature to define "high risk sex offender" for these purposes, and that these provisions will apply to all these offenders, including those adjudicated prior to the enactment of the measure. 

 

SB 506 (Hollingsworth)  Sexually violent predators. html   pdf

Existing law requires sex offenders to register, as specified. This bill would express the intent of the Legislature to enact legislation to prohibit anyone ever declared a Sexually Violent Predator from registering as a transient pursuant to Megan’s Law. The bill would further express the intent of the Legislature to enact legislation to house these offenders in a reentry facility.

 

SB 514 (Dutton) Sexual contact: murder. html   pdf

Under existing law, every person who willfully mutilates, disinters, removes from the place of interment, or commits an act of sexual penetration on, or has sexual contact with, any remains known to be human, without authority of law, is guilty of a felony. Under existing law, the penalty for a person who commits first degree murder in the commission or attempted commission of rape, is death or imprisonment in the state prison for life without the possibility of parole. This bill would provide that a person who is found to have engaged in sexual contact with, or sexual penetration of, as defined, a person whom he or she has intentionally killed, or a person who intentionally aids, abets, counsels, commands, induces, solicits, requests, or assists another person to do so, shall be punished by imprisonment in the state prison for life without the possibility of parole. The bill would state that its provisions do not preclude a penalty of death, if otherwise applicable. Because the bill would create a new crime, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

SB 626 (Harman) Sex offenders. html   pdf

Existing law requires a person convicted of any specified sex offense to register as a sex offender. This bill would declare the Legislature’s intent to enact legislation to require every sex offender to supply proof of his or her current residence to local law enforcement. 

 

SB 844 (Calderon) Crime: school zones. html   pdf

Existing law provides that a "safe school zone" as an area that encompasses any specified places during regular school hours or within 60 minutes before or after the school day or 60 minutes before or after a school-sponsored activity at the school site. This bill would specify for that purpose that "school" includes any public or private school. This bill contains other related provisions and other existing laws.

 

SB 913 (Hollingsworth) Sex offenders: parole. html   pdf

Existing law prohibits a person released on parole for violation of a registerable sex offense from residing in a single-family dwelling with any other person required to register as a sex offender, unless they are related by blood, marriage, or adoption. Existing law, however, excludes a residential facility serving 6 or fewer persons from the definition of a single-family dwelling. This bill would make the prohibition applicable to a group home, including one that serves 6 or fewer persons. 

 

SB 914 (Hollingsworth) Community care facilities: housing sex offenders: html   pdf

Existing law, the California Community Care Facilities Act, provides for the licensure and regulation of community care facilities by the State Department of Social Services. Existing law prohibits a local jurisdiction from imposing any business license, fee, or tax for the privilege of operating a community care facility that serves 6 or fewer persons. A violation of these provisions is a crime. This bill would, instead, allow a local jurisdiction that requires any type of business to obtain a business license to require that a community care facility obtain a business license if the facility houses any adult or juvenile sex offender who is under the supervision of the Department of Corrections and Rehabilitation, or whose use of the facility is required pursuant to a court order related to an offense committed by the adult or juvenile. By changing the definition of an existing crime, this bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

 

SB 915 (Hollingsworth) Group homes housing sex offenders: zoning. html   pdf

Existing law prohibits a conditional use permit, zoning variance, or other zoning clearance from being required of any residential facility that serves 6 or fewer persons that is not required of a family dwelling of the same type in the same zone. This bill would authorize a city, county, or city and county, to adopt a local ordinance to zone as an adult oriented business, any community care facility that houses a parolee for whom registration as a sex offender is required.