Bill Text: CA SB1021 | 2015-2016 | Regular Session | Introduced
Bill Title: Sex offenders: residency restriction: petition for relief.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1021 Detail]
Download: California-2015-SB1021-Introduced.html
BILL NUMBER: SB 1021 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Runner
FEBRUARY 11, 2016
An act to amend Section 3003.5 of, and to add Section 3003.51 to,
the Penal Code, relating to sex offenders, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1021, as introduced, Runner. Sex offenders: residency
restriction: petition for relief.
Existing law, as amended by Proposition 83 at the November 7,
2006, statewide general election, prohibits any person who is
required to register pursuant to the Sex Offender Registration Act
from residing within 2,000 feet of any public or private school, or
park where children regularly gather.
This bill would require that the 2,000-foot residency restriction
be measured by the shortest practical pedestrian or vehicle path. The
bill would limit the residency restriction to persons convicted of
specified offenses. The bill would clarify that the state parole
authority shall enforce the residency restriction except under
specified conditions. The bill would permit a person who is subject
to the residency restriction to petition the superior court of the
county within which he or she resides for relief from the
requirement. The bill would provide that original jurisdiction for
the petition would lie with the appellate division of the superior
court in which the petition is filed. The bill would require the
petitioner to establish by a preponderance of the evidence that there
is a pervasive lack of compliant housing in the county, that the
petitioner is among a substantial proportion of sex offenders subject
to the residency restriction who are unable to find compliant
housing, and that the housing restriction is the principal reason
that those without a residence have been unable to find housing. The
bill would allow relief to modify the residential distance
restrictions if that relief is narrowly crafted, and would allow the
court to bifurcate the application of residency restrictions so as to
apply discrete restrictions to those who have been convicted of
child molestation or other felony sex offenses involving victims
under 18 years of age. The bill would prohibit a subsequent petition
from being heard if relief is granted or denied, unless the
petitioner establishes in the petition, to the satisfaction of the
court, that circumstances regarding compliant housing have changed,
as provided.
Proposition 83 permits the Legislature, by a vote of 2/3 of the
membership of each house and in accordance with specified procedures,
to amend the provisions of the act.
By amending Proposition 83, this bill would require a 2/3 vote.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: no. State-mandated
local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, that person
may not, during the period of parole, reside in any single
family 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.
For purposes of this section, "single family
"single-family dwelling" shall not include a residential
facility which that serves six or fewer
persons.
(b) (1) Notwithstanding any other
provision of law, it is unlawful for any person
convicted of any of the offenses enumerated in Section 667.61 and
for whom registration is required pursuant to Section 290 to
reside within 2000 2,000 feet of any
public or private school, or park where children regularly gather.
The 2,000-foot residency restriction shall be measured by the
shortest practical pedestrian or vehicle path.
(2) The state parole authority shall enforce the residency
restriction required pursuant to this section until the sex offender
is discharged from parole unless any of the following occur:
(A) The offender is subject to a greater preexisting residency
restriction.
(B) The residency restriction is modified within the county in
which the offender resides as provided by Section 3003.51.
(C) The residency restriction is found unconstitutional as applied
within the county and no modified restriction can be
constitutionally enforced.
(3) Any person subject to the residency restriction imposed
pursuant to paragraph (1) may, if compliance is not reasonably
possible within his or her county, seek relief pursuant to Section
3003.51.
(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.
SEC. 2. Section 3003.51 is added to the Penal Code, to read:
3003.51. (a) Any person prohibited pursuant to Section 3003.5
from living within 2,000 feet of any public or private school, or
park where children regularly gather, may seek relief from those
restrictions if he or she cannot comply with the restriction because
of the unavailability of compliant housing within his or her county
of domicile.
(b) Any person seeking relief under this section may file a
petition with the superior court of the county in which he or she
resides. Notice of the petition shall be timely served on the state
parole authority or other entity enforcing the subject sex offender
residency restrictions.
(c) Notwithstanding any other law, original jurisdiction for any
petition filed pursuant to this section shall lie with the appellate
division of the superior court in which the petition is filed. The
court may consolidate all pending petitions.
(d) The appellate division of the superior court in which the
petition is filed pursuant to this section may grant the petition in
whole or in part if the petitioner establishes by a preponderance of
the evidence, and the court finds, each of the following:
(1) There is a pervasive lack of compliant housing within the
petitioner's county of domicile.
(2) The petitioner is among a substantial proportion of sex
offenders subject to the 2,000 foot residency restriction who have,
despite good faith efforts, been unable to find compliant housing
within the county.
(3) The 2,000 foot restriction is the principal reason that those
without a residence have been unable to find compliant housing.
(e) (1) Relief granted pursuant to this section may modify
residential distance restrictions to comport with the geographic
constraints within the subject county but modifications shall be
narrowly crafted in order to substantially comply with the intent of
the people in approving Section 3003.5.
(2) The court may, if necessary, bifurcate the application of
residency restrictions so as to apply discrete restrictions to those
who have been convicted of child molestation or other felony sex
offenses involving victims under 18 years of age.
(f) If relief is granted or denied pursuant to this section, no
subsequent petition shall be heard, unless the petitioner or
petitioners establish in the petition, to the satisfaction of the
court, both of the following:
(1) There has been a change of circumstances based upon a
substantial decline in the availability of compliant housing.
(2) There has been a corresponding increase in the percentage of
sex offenders who are unable to comply with the residency restriction
due to the change of circumstances described in paragraph (1) since
the court ruling on the prior petition.
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 protect the public at the earliest possible time, it
is necessary that this act take effect immediately.
