Bill Text: CA SB145 | 2019-2020 | Regular Session | Amended
Bill Title: Sex offenders: registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-11 - Chaptered by Secretary of State. Chapter 79, Statutes of 2020. [SB145 Detail]
Download: California-2019-SB145-Amended.html
Amended
IN
Assembly
July 11, 2019 |
Amended
IN
Senate
May 21, 2019 |
Amended
IN
Senate
March 04, 2019 |
Introduced by Senator Wiener |
January 18, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 290 of the Penal Code, as amended by Section 51 of Chapter 423 of the Statutes of 2018, 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.SEC. 2.
Section 290 of the Penal Code, as amended by Section 52 of Chapter 423 of the Statutes of 2018, 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.SEC. 3.
Section 290.006 of the Penal Code, as amended by Section 3 of Chapter 541 of the Statutes of 2017, is amended to read:290.006.
(a) Any person ordered by any court to register pursuant to the act, who is not required to register pursuant to Section 290, shall so register, if the court finds 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. The court shall state on the record the reasons for its findings and the reasons for requiring registration.SEC. 4.
Section 290.006 of the Penal Code, as added by Section 4 of Chapter 541 of the Statutes of 2017, is amended to read:290.006.
(a) Any person ordered by any court to register pursuant to the act, who is not required to register pursuant to Section 290, shall so register, if the court finds 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. The court shall state on the record the reasons for its findings and the reasons for requiring registration.(a)Every inmate who has been convicted for a felony violation of an offense described in paragraph (1) of subdivision (c) of Section
290, or for a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290, or any attempt to commit any of the offenses described in this subdivision and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for the term of
the inmate’s parole, or for the duration or any remaining part thereof, whichever period of time is less.
(b)Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring. An inmate shall
not be denied parole on the basis of the inmate’s inability to pay for those monitoring costs.
(a)Notwithstanding any other law, when a person is released on parole after having served a term of imprisonment in state prison for any offense for which registration is required pursuant to Section 290, or for a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290, that person may not, during the period of parole, reside in any single-family
dwelling with any
person
required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, “single-family dwelling” shall not include a residential facility which serves six or fewer persons.
(b)Notwithstanding any other law, it is unlawful for any person for whom registration is required pursuant to Section 290, or who has been convicted of a felony violation of an offense described in paragraph (2)
of subdivision (c) of Section 290, to reside within 2,000 feet of any public or private school, or park where children regularly gather.
(c)Nothing in this section shall prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of any person for whom registration is required pursuant to Section 290 or who has been convicted of a felony violation of an offense described in paragraph (2) of subdivision (c) of Section 290.
(a)Notwithstanding any other law, the Board of Parole Hearings, the court, or the supervising parole authority may require, as a condition of release on parole or reinstatement on parole, or as an intermediate sanction in lieu of return to custody, that an inmate or parolee agree in writing to the use of electronic monitoring or supervising devices for the purpose of helping to verify the inmate’s or parolee’s compliance with all other conditions of parole. The devices shall not be used to eavesdrop or record any conversation, except a conversation between the parolee and the agent supervising the parolee
that is to be used solely for the purposes of voice identification.
(b)Every inmate who has been convicted for a felony violation of an offense described in paragraph (1) of subdivision (c) of Section 290, for a felony
violation of an offense described in paragraph (2) of subdivision (c) of Section 290, or any attempt to commit any of the offenses described in this subdivision and who is committed to prison and released on parole pursuant to Section 3000 or 3000.1 shall be monitored by a global positioning system for life.
(c)Any inmate released on parole pursuant to this section shall be required to pay for the costs associated with the monitoring by a global positioning system. However, the Department of Corrections and Rehabilitation shall waive any or all of that payment upon a finding of an inability to pay. The department shall consider any remaining amounts the inmate has been ordered to pay in fines, assessments and
restitution fines, fees, and orders, and shall give priority to the payment of those items before requiring that the inmate pay for the global positioning monitoring.