Bill Text: CA AB2008 | 2015-2016 | Regular Session | Introduced
Bill Title: Crimes: sex offender registration: notice of duty to register.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-05-03 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2008 Detail]
Download: California-2015-AB2008-Introduced.html
BILL NUMBER: AB 2008 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wagner
FEBRUARY 16, 2016
An act to amend Section 290.017 of the Penal Code, relating to
crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 2008, as introduced, Wagner. Crimes: sex offender registration:
notice of duty to register.
Existing law, the Sex Offender Registration Act, requires a person
convicted of specified sex offenses to register with local law
enforcement authorities and update that registration, as specified.
Existing law requires that a person who is required to register be
informed of his or her duty to register prior to his or her release,
discharge, or parole from confinement in specified institutions, when
he or she is released on probation, or when he or she is granted
conditional release without supervised probation, or discharged upon
payment of a fine.
This bill would require that the person be informed of his or her
duty to register only if the release, discharge, or parole, as
applicable, is related to a sentence imposed as the result of a
conviction for an offense for which the person is required to
register under the act, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.017 of the Penal Code is amended to read:
290.017. (a) Any person who is released, discharged, or paroled
from a jail, state or federal prison, school, road camp, or other
institution where he or she was confined, who
confined as the result of a sentence imposed for conviction of an
offense for which the person is required to register pursuant
to the Act, shall, prior to discharge, parole, or release, be
informed of his or her duty to register under the Act by the official
in charge of the place of confinement or hospital, and the official
shall require the person to read and sign any form that may be
required by the Department of Justice, stating that the duty of the
person to register under the Act has been explained to the person.
The official in charge of the place of confinement or hospital shall
obtain the address where the person expects to reside upon his or her
discharge, parole, or release and shall report the address to the
Department of Justice. The official shall at the same time forward a
current photograph of the person to the Department of Justice.
(b) The official in charge of the place of confinement or hospital
shall give one copy of the form to the person and shall send one
copy to the Department of Justice and one copy to the appropriate law
enforcement agency or agencies having jurisdiction over the place
the person expects to reside upon discharge, parole, or release. If
the conviction that makes the person subject to the Act is a felony
conviction, the official in charge shall, not later than 45 days
prior to the scheduled release of the person, send one copy to the
appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon discharge,
parole, or release; one copy to the prosecuting agency that
prosecuted the person; and one copy to the Department of Justice. The
official in charge of the place of confinement or hospital shall
retain one copy.
(c) Any person who is required to register pursuant to
the Act and who is released on probation,
probation as the result of a sentence imposed for
conviction of an offense for which the person is required to register
pursuant to the act shall, prior to release or discharge, be
informed of the duty to register under the Act by the probation
department, and a probation officer shall require the person to read
and sign any form that may be required by the Department of Justice,
stating that the duty of the person to register has been explained to
him or her. The probation officer shall obtain the address where the
person expects to reside upon release or discharge and shall report
within three days the address to the Department of Justice. The
probation officer shall give one copy of the form to the person, send
one copy to the Department of Justice, and forward one copy to the
appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release.
(d) Any person who is required to register pursuant to
the Act and who is granted conditional release without
supervised probation, probation from
confinement imposed by, or discharged upon payment of a
fine, fine imposed in connection with, a
sentence for a conviction of an offense for which a person is
required to register pursuant to the act, shall, prior to
release or discharge, be informed of the duty to register under the
Act in open court by the court in which the person has been
convicted, and the court shall require the person to read and sign
any form that may be required by the Department of Justice, stating
that the duty of the person to register has been explained to him or
her. If the court finds that it is in the interest of the efficiency
of the court, the court may assign the bailiff to require the person
to read and sign forms under the Act. The court shall obtain the
address where the person expects to reside upon release or discharge
and shall report within three days the address to the Department of
Justice. The court shall give one copy of the form to the person,
send one copy to the Department of Justice, and forward one copy to
the appropriate law enforcement agency or agencies having local
jurisdiction where the person expects to reside upon his or her
discharge, parole, or release.
