Bill Text: CA AB992 | 2013-2014 | Regular Session | Introduced
Bill Title: Sex offender registration: juvenile offenders.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB992 Detail]
Download: California-2013-AB992-Introduced.html
BILL NUMBER: AB 992 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Perea
FEBRUARY 22, 2013
An act to amend Section 290.008 of the Penal Code, relating to
crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 992, as introduced, Perea. Sex offender registration: juvenile
offenders.
The Sex Offender Registration Act requires every person who has
been convicted of any one of specified sex offenses to register with
law enforcement, as specified, for the rest of his or her life while
residing in this state. This provision applies to any person who is
discharged or paroled from the Department of Corrections and
Rehabilitation to the custody of which he or she was committed after
having been adjudicated a ward of the juvenile court, or from a
facility in another state that is equivalent to the Division of
Juvenile Justice, to the custody of which he or she was committed
because of an offense which, if committed or attempted in this state,
would have been punishable as one or more of the offenses for which
registration is required in accordance with the Act. Existing law
also requires that all records specifically relating to the
registration that are in the custody of the Department of Justice,
law enforcement agencies, and other agencies or public officials be
destroyed when the person who is required to register has his or her
records sealed under a specified provision of law.
This bill would require a juvenile sex offender who is placed on
probation or parole for committing or attempting to commit specified
sex offenses to register in accordance with the Act. The bill would
also require a juvenile sex offender who is on probation or parole in
another state, transfers to this state for supervision, and was
found to have committed or attempted to commit specified sex offenses
in the other state, to register in accordance with the Act. By
expanding the class of persons who are required to register and to
have their records sealed or destroyed, the bill would impose
additional duties on local law enforcement employees, thereby
imposing a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.008 of the Penal Code is amended to read:
290.008. (a) (1) Any person who, on or
after January 1, 1986, is discharged or paroled from the Department
of Corrections and Rehabilitation to the custody of which he or she
was committed after having been adjudicated a ward of the juvenile
court pursuant to Section 602 of the Welfare and Institutions Code
because of the commission or attempted commission of any offense
described in subdivision (c) shall register in accordance with the
Act.
(2) Any person who, on or after January 1, 2014, has been
adjudicated a ward of the juvenile court pursuant to Section 602 of
the Welfare and Institutions Code and has been placed on probation
for the commission or attempted commission of any offense described
in subdivision (c), shall register in accordance with the Act.
(b) Any person who (1) is discharged or paroled from a
facility in another state that is equivalent to the Division of
Juvenile Justice, to the custody of which he or she was committed
because of an offense which, if committed or attempted in this state,
would have been punishable as one or more of the offenses described
in subdivision (c) , or (2) is on probation or parole in another
state, transfers to this state for supervision, and was
found by a court in the other state
to have committed or attempted to commit one or more of the offenses
described in subdivision (c) in that state when he or she was under
18 years of age , shall register in accordance with
the Act.
(c) Any person described in this section who committed an offense
in violation of any of the following provisions shall be required to
register pursuant to the Act:
(1) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289 under Section 220.
(2) Any offense defined in paragraph (1), (2), (3), (4), or (6) of
subdivision (a) of Section 261, Section 264.1, 266c, or 267,
paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of,
Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b)
of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of
Section 289, or Section 647.6.
(3) A violation of Section 207 or 209 committed with the intent to
violate Section 261, 286, 288, 288a, or 289.
(d) Prior to termination of probation, or prior to
discharge or parole from the Department of Corrections and
Rehabilitation, any person who is subject to registration under this
section shall be informed of the duty to register under the
procedures set forth in the Act. Department officials shall transmit
the required forms and information to the Department of Justice.
(e) All records specifically relating to the registration in the
custody of the Department of Justice, law enforcement agencies, and
other agencies or public officials shall be destroyed when the person
who is required to register has his or her records sealed under the
procedures set forth in Section 781 of the Welfare and Institutions
Code. This section shall not be construed as requiring the
destruction of other criminal offender or juvenile records relating
to the case that are maintained by the Department of Justice, law
enforcement agencies, the juvenile court, or other agencies and
public officials unless ordered by a court under Section 781 of the
Welfare and Institutions Code.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
