Bill Text: CA AB1640 | 2013-2014 | Regular Session | Amended
Bill Title: Sex offenders: registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-29 - Read third time. Refused passage. (Ayes 29. Noes 37. Page 5371.). [AB1640 Detail]
Download: California-2013-AB1640-Amended.html
BILL NUMBER: AB 1640 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 2, 2014
INTRODUCED BY Assembly Member Jones-Sawyer
FEBRUARY 11, 2014
An act to amend Sections 290 and 290.005 of , and to add
Section 288.6 to, the Penal Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 1640, as amended, Jones-Sawyer. Sex offenders: registration.
Existing law requires persons convicted of specified sex offenses,
or attempts to commit those offenses, to register with local law
enforcement agencies while residing in the state or while attending
school or working in the state. Existing law includes among the
specified offenses for which registration is required, the offenses
of sodomy, oral copulation, sexual penetration, and contacting or
communicating with a minor, when the offender knows or reasonably
should know that the person is a minor, with the intent to commit
sodomy, oral copulation, or sexual penetration. Existing court
decisions invalidated the application of the mandatory registration
requirement to persons convicted of certain of these sex offenses.
This bill would delete conform statutory
law to those court decisions by deleting from the list of
offenses or attempts to commit those offenses
requiring registration, sodomy, oral copulation, and sexual
penetration, if in each case the offender participates in the offense
with another person who is under 18 years of age or when the
offender is over 21 years of age and participates in the offense with
another person who is under 16 years of age. The bill would
also delete from that list the offense of contacting or
communicating with a minor, if the offender knows or reasonably
should know that the person is a minor, with the intent to commit one
of the offenses as described above. The bill would
authorize a person who is convicted, on or before January 1, 2015, of
any of the listed offenses sodomy, oral
copulation, and sexual penetration, if in each case the offender
participates in the offense with another person who is under 18 years
of age or when the offender is over 21 years of age and participates
in the offense with another person who is under 16 years of age
to seek discretionary relief from the registration requirement.
The bill would make those listed offenses
sodomy, oral copulation, and sexual penetration, if in each case the
offender participates in the offense with another person who is under
18 years of age or when the offender is over 21 years of age and
participates in the offense with another person who is under 16 years
of age subject to provisions authorizing the discretionary
imposition of the registration requirement. The bill would make
additional conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 288.6 is added to the
Penal Code , to read:
288.6. (a) Notwithstanding Section 288.3, every person who
contacts or communicates with a minor, or attempts to contact or
communicate with a minor, who knows or reasonably should know that
the person is a minor, with intent to commit an offense specified in
subdivision (b) of Section 286, subdivision (b) of Section 288a, or
subdivision (h) or (i) of Section 289, involving the minor shall be
punished by imprisonment in the state prison for the term prescribed
for an attempt to commit the intended offense.
(b) As used in this section, "contacts or communicates with" shall
include direct and indirect contact or communication that may be
achieved personally or by use of an agent or agency, any print
medium, any postal service, a common carrier or communication common
carrier, any electronic communications system, or any
telecommunications, wire, computer, or radio communications device or
system.
(c) A person convicted of a violation of subdivision (a) who has
previously been convicted of a violation of subdivision (a) shall be
punished by an additional and consecutive term of imprisonment in the
state prison for five years.
(d) A person convicted under subdivision (a) shall not be required
to register pursuant to subdivision (c) of Section 290.
SECTION 1. SEC. 2. Section 290 of
the Penal Code is amended to read:
290. (a) Sections 290 to 290.024, inclusive, shall be known and
may be cited as the Sex Offender Registration Act. All references to
"the Act" in those sections are to the Sex Offender Registration Act.
(b) Every person described in subdivision (c), for the rest of his
or her life while residing in California, or while attending school
or working in California, as described in Sections 290.002 and
290.01, shall register with the chief of police of the city in which
he or she is residing, or the sheriff of the county if he or she is
residing in an unincorporated area or city that has no police
department, and, additionally, with the chief of police of a campus
of the University of California, the California State University, or
community college if he or she is residing upon the campus or in any
of its facilities, within five working days of coming into, or
changing his or her residence within, any city, county, or city and
county, or campus in which he or she temporarily resides, and shall
be required to register thereafter in accordance with the Act.
(c) The following persons shall register:
Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, except subdivision (b) thereof, Section 288,
288a, except subdivision (b) thereof, or Section 289, except
subdivisions (h) and (i), or 289, Section 207
or 209 committed with intent to violate Section 261, 286,
except subdivision (b) thereof, Section 288, 288a,
except subdivision (b) thereof, or Section 289, except subdivisions
(h) and (i) thereof or 289 , Section 220, except
assault to commit mayhem, subdivision (b) and (c) of Section 236.1,
Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision
(a) of Section 261, paragraph (1) of subdivision (a) of Section 262
involving the use of force or violence for which the person is
sentenced to the state prison, Section 264.1, 266, or 266c,
subdivision (b) of Section 266h, subdivision (b) of Section 266i,
Section 266j, 267, 269, 285, 286, except subdivision (b) thereof,
Section 288, 288a, except subdivision (b) thereof, Section 288.3,
except if committed with the intent to commit a violation of
subdivision (b) of Section 286, subdivision (b) of Section 288a, or
subdivision (h) or (i) of Section 289, Section 288.4,
288.5, 288.7, 289, except subdivision (h) or (i) thereof,
or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section
311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a,
subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314,
any offense involving lewd or lascivious conduct under Section 272,
or any felony violation of Section 288.2; any statutory predecessor
that includes all elements of one of these listed offenses; or any
person who since that date has been or is hereafter convicted of the
attempt or conspiracy to commit any of the above-mentioned offenses.
(d) Any person convicted on or before January 1, 2015, of any of
the following offenses or attempt to commit any of those offenses,
may , if not already granted relief by other
available means, seek discretionary relief from registration
imposed under subdivision (b), if the person has not suffered any
other conviction requiring registration:
(1) Subdivision (b) of Section 286.
(2) Subdivision (b) of Section 288a.
(3) Subdivision (h) or (i) of Section 289.
(4) Section 283, if committed with the intent to commit a
violation of subdivision (b) of Section 286, subdivision (b) of
Section 288a, or subdivision (h) or (i) of Section 289.
(e) The offenses listed in subdivision (d) shall, pursuant to
Section 290.006, be subject to discretionary imposition of the
registration requirement in subdivision (b).
SEC. 2. SEC. 3. Section 290.005 of
the Penal Code is amended to read:
290.005. The following persons shall register in accordance with
the Act:
(a) Except as provided in subdivision (c) or (d), any person who,
since July 1, 1944, has been, or is hereafter convicted in any other
court, including any state, federal, or military court, of any
offense that, if committed or attempted in this state, based on the
elements of the convicted offense or facts admitted by the person or
found true by the trier of fact or stipulated facts in the record of
military proceedings, would have been punishable as one or more of
the offenses described in subdivision (c) of Section 290, including
offenses in which the person was a principal, as defined in Section
31.
(b) Any person ordered by any other court, including any state,
federal, or military court, to register as a sex offender for any
offense, if the court found at the time of conviction or sentencing
that the person committed the offense as a result of sexual
compulsion or for purposes of sexual gratification.
(c) Except as provided in subdivision (d), any person who would be
required to register while residing in the state of conviction for a
sex offense committed in that state.
(d) Notwithstanding any other law, a person convicted in another
state of an offense similar to one of the following offenses who is
required to register in the state of conviction is not required to
register in California unless the out-of-state offense, based on the
elements of the conviction offense or proven or stipulated facts in
the record of conviction, contains all of the elements of a
registerable California offense described in subdivision (c) of
Section 290:
(1) Indecent exposure, pursuant to Section 314.
(2) Unlawful sexual intercourse, pursuant to Section 261.5.
(3) Incest, pursuant to Section 285.
(4) Sodomy, pursuant to Section 286, except subdivision (b)
thereof, or oral copulation, pursuant to Section 288a, except
subdivision (b) thereof, provided that the offender notifies the
Department of Justice that the sodomy or oral copulation conviction
was for conduct between consenting adults, as described in Section
290.019, and the department is able, upon the exercise of reasonable
diligence, to verify that fact.
(5) Pimping, pursuant to Section 266h, or pandering, pursuant to
Section 266i.
