Bill Text: CA AB262 | 2015-2016 | Regular Session | Amended

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Bill Title: Sex offenders.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB262 Detail]

Download: California-2015-AB262-Amended.html

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BILL NUMBER: AB 262	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015
	AMENDED IN ASSEMBLY  MARCH 16, 2015

INTRODUCED BY   Assembly Member Lackey
    (   Coauthor:   Senator   Anderson
  ) 

                        FEBRUARY 9, 2015

   An act to add Section 3003.7 to the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 262, as amended, Lackey. Sex offenders.
   Existing law, subject to exceptions, prohibits a person who is
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 in a single family dwelling with another
person also required to register as a sex offender. Existing law also
prohibits a person for whom registration is required from residing
within 2,000 feet of a public or private school, or park where
children regularly gather.
   This bill would provide that a person who has been convicted and
adjudicated as a sexually violent predator may only reside in a
dwelling or abode that is within 10 miles of a permanent physical
police or sheriff station  with full-time peace officer
staffing that has jurisdiction over the location.   that
has jurisdiction over the location and has 24   -hour 
 -a   -day peace officer staffing on duty and available
to respond to calls for service.  The bill would also prohibit
a person convicted and adjudicated as a sexually violent predator
from leasing, renting, or otherwise residing in a dwelling or other
abode, and would prohibit a dwelling or other abode from being leased
or rented on behalf of a sexually violent predator for purposes of
residence by that person, if that dwelling or other abode is occupied
or owned in whole or in part by a felon convicted of a serious or
violent felony.  The bill would provide that its terms do not
prevent local jurisdictions from enacting local ordinances that
further restrict the residency of a person convicted and adjudicated
as a sexually violent predator. 
   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 3003.7 is added to the Penal Code, to read:
   3003.7.  (a) A person convicted and adjudicated as a sexually
violent predator shall only reside in a dwelling or abode that is
within 10 miles of a permanent physical police or sheriff station
 with full-time peace officer staffing that has jurisdiction
over the location.   that has jurisdiction over the
location and has 24   -hour   -a   -day
  peace officer staffing on duty and available to respond to
calls for service. 
   (b) A person convicted and adjudicated as a sexually violent
predator shall not lease, rent, or otherwise reside in any dwelling
or other abode, nor shall a dwelling or other abode be leased or
rented on behalf of a sexually violent predator for purposes of
residence by that person, if that dwelling or other abode is occupied
or owned in whole or in part by a felon convicted of a serious
felony as defined in subdivision (c) of Section 1192.7, or a violent
felony, as defined in subdivision (c) of Section 667.5. 
   (c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person convicted and adjudicated as a sexually violent
predator.  
   (d) 
    (c)  The provisions of this measure are severable. If
any provision of this measure or its application is held invalid,
that invalidity shall not affect other provisions or applications
that can be given effect without the invalid provision or
application.