Bill Text: CA SB1345 | 2019-2020 | Regular Session | Introduced

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Bill Title: Sex offenders.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-03-12 - Referred to Com. on RLS. [SB1345 Detail]

Download: California-2019-SB1345-Introduced.html

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CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 1345

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Introduced by Senator Morrell

February 21, 2020

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An act to amend Section 290.015 of the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL'S DIGEST

SB 1345, as introduced, Morrell. Sex offenders.

Existing law, the Sex Offender Registration Act, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires a person convicted of a specified sex offense, or an attempt to commit a specified sex offense, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Existing law requires a person who has more than one residence address at which the person regularly resides to register in each of the jurisdictions in which they regularly reside, as specified. Existing law authorizes the Legislature to amend Proposition 35 in furtherance of its purposes by a statute passed in each house by a majority vote.

This bill would make technical, nonsubstantive changes to a provision of that act.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 290.015 of the Penal Code is amended to read:

290.015.

 (a) A person who is subject to the Act act shall register, or reregister if he or she the person has previously registered, upon release from incarceration, placement, commitment, or release on probation pursuant to subdivision (b) of Section 290. This section shall not apply to a person who is incarcerated for less than 30 days if he or she the person has registered as required by the Act, he or she act, the person returns after incarceration to the last registered address, and the annual update of registration that is required to occur within five working days of his or her their birthday, pursuant to subdivision (a) of Section 290.012, did not fall within that incarceration period. The registration shall consist of all of the following:

(1) A statement in writing signed by the person, giving information as shall be required by the Department of Justice and giving the name and address of the person’s employer, and the address of the person’s place of employment if that is different from the employer’s main address.

(2) The fingerprints and a current photograph of the person taken by the registering official.

(3) The license plate number of any vehicle owned by, regularly driven by, or registered in the name of the person.

(4) A list of all Internet identifiers actually used by the person, as required by Section 290.024.

(5) A statement in writing, signed by the person, acknowledging that the person is required to register and update the information in paragraph (4), as required by this chapter.

(6) Notice to the person that, in addition to the requirements of the Act, he or she act, they may have a duty to register in any other state where he or she they may relocate.

(7) Copies of adequate proof of residence, which shall be limited to a California driver’s license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person’s name and address, or any other information that the registering official believes is reliable. If the person has no residence and no reasonable expectation of obtaining a residence in the foreseeable future, the person shall so advise the registering official and shall sign a statement provided by the registering official stating that fact. Upon presentation of proof of residence to the registering official or a signed statement that the person has no residence, the person shall be allowed to register. If the person claims that he or she has they have a residence but does not have any proof of residence, he or she that person shall be allowed to register but shall furnish proof of residence within 30 days of the date he or she the person is allowed to register.

(b) Within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the Department of Justice.

(c) (1) If a person fails to register in accordance with subdivision (a) after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation may request that a warrant be issued for the person’s arrest and shall have the authority to prosecute that person pursuant to Section 290.018.

(2) If the person was not on parole or probation or on postrelease community supervision or mandatory supervision at the time of release, the district attorney in the following applicable jurisdiction shall have the authority to prosecute that person pursuant to Section 290.018:

(A) If the person was previously registered, in the jurisdiction in which the person last registered.

(B) If there is no prior registration, but the person indicated on the Department of Justice notice of sex offender registration requirement form where he or she they expected to reside, in the jurisdiction where he or she they expected to reside.

(C) If neither subparagraph (A) nor (B) applies, subparagraph (A) or (B) do not apply, in the jurisdiction where the offense subjecting the person to registration pursuant to this Act act was committed.