Bill Text: CA SB448 | 2015-2016 | Regular Session | Chaptered
Bill Title: Sex offenders: Internet identifiers.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2016-09-28 - Chaptered by Secretary of State. Chapter 772, Statutes of 2016. [SB448 Detail]
Download: California-2015-SB448-Chaptered.html
BILL NUMBER: SB 448 CHAPTERED
BILL TEXT
CHAPTER 772
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2016
APPROVED BY GOVERNOR SEPTEMBER 28, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 27, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JUNE 17, 2015
AMENDED IN SENATE APRIL 15, 2015
INTRODUCED BY Senator Hueso
(Principal coauthor: Senator Galgiani)
(Coauthors: Senators Hall and Runner)
(Coauthors: Assembly Members Gonzalez and Mathis)
FEBRUARY 25, 2015
An act to amend Sections 290.012, 290.014, 290.018, 290.024, and
290.45 of, and to amend and repeal Section 290.015 of, the Penal
Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 448, Hueso. Sex offenders: Internet identifiers.
Existing law, the Californians Against Sexual Exploitation Act, an
initiative measure enacted by the approval of Proposition 35 at the
November 6, 2012, statewide general election (CASE Act), requires a
person who is subject to the Sex Offender Registration Act (the Act)
to list any and all Internet identifiers established or used by the
person and any and all Internet service providers used by the person
on his or her sex offender registration. The CASE Act requires a
person subject to sex offender registration to send written notice of
any addition of, or change to, an Internet identifier or Internet
service provider to the law enforcement agency with which he or she
is currently registered within 24 hours. Existing case law currently
enjoins the application of the above provisions of the CASE Act
through the imposition of a preliminary injunction on the grounds
that these provisions violate the First Amendment to the United
States Constitution. The CASE Act allows its provisions to be amended
by a statute in furtherance of its objectives passed in each house
of the Legislature by a majority vote of the membership.
This bill would state the intent of the Legislature to amend the
CASE Act to further its objectives. The bill would delete the
requirement that a person subject to sex offender registration list
on his or her sex offender registration all Internet service
providers used by him or her. The bill would require a person who is
convicted of a felony on or after January 1, 2017, that requires
registration pursuant to the Act, and one or more specified
circumstances, including that the person used the Internet to collect
any private information to identify a victim of the crime to further
the commission of the crime, to register his or her Internet
identifiers, as defined, and to send written notice to the law
enforcement agency or agencies with which he or she is currently
registered within 30 days of establishing or changing an Internet
identifier, as specified. The bill would require a law enforcement
agency to which this information has been submitted to make the
information available to the Department of Justice. The bill would
require a designated law enforcement entity to only use an Internet
identifier submitted pursuant to these provisions, or to release that
Internet identifier to another law enforcement entity, for the
purpose of investigating a sex-related crime, a kidnapping, or human
trafficking. The bill would prohibit a designated law enforcement
entity from disclosing or authorizing persons or entities to disclose
an Internet identifier submitted pursuant to these provisions to the
public or other persons, except as required by court order.
Existing law makes a person who is required to register under the
Act based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of the act guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding one year.
This bill would make a person who fails to provide his or her
Internet identifiers, as required by the bill, regardless of the
offense upon which the duty to register is based, guilty of a
misdemeanor punishable in a county jail not exceeding 6 months. By
creating a new crime, the bill would impose a state-mandated local
program.
The bill would make other technical, nonsubstantive changes.
Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
This bill would make legislative findings to that effect.
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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to further the
objectives of the Californians Against Sexual Exploitation Act, an
initiative measure enacted by the approval of Proposition 35 at the
November 6, 2012, statewide general election, by amending its
provisions to conform with the requirements of the court in the case
of Doe v. Harris (Case numbers 13-15263 and 13-15267).
SEC. 2. Section 290.012 of the Penal Code is amended to read:
290.012. (a) Beginning on his or her first birthday following
registration or change of address, the person shall be required to
register annually, within five working days of his or her birthday,
to update his or her registration with the entities described in
subdivision (b) of Section 290. At the annual update, the person
shall provide current information as required on the Department of
Justice annual update form, including the information described in
paragraphs (1) to (4), inclusive, of subdivision (a) of Section
290.015. The registering agency shall give the registrant a copy of
the registration requirements from the Department of Justice form.
(b) In addition, every person who has ever been adjudicated a
sexually violent predator, as defined in Section 6600 of the Welfare
and Institutions Code, shall, after his or her release from custody,
verify his or her address no less than once every 90 days and place
of employment, including the name and address of the employer, in a
manner established by the Department of Justice. Every person who, as
a sexually violent predator, is required to verify his or her
registration every 90 days, shall be notified wherever he or she next
registers of his or her increased registration obligations. This
notice shall be provided in writing by the registering agency or
agencies. Failure to receive this notice shall be a defense to the
penalties prescribed in subdivision (f) of Section 290.018.
(c) In addition, every person subject to the Act, while living as
a transient in California, shall update his or her registration at
least every 30 days, in accordance with Section 290.011.
(d) No entity shall require a person to pay a fee to register or
update his or her registration pursuant to this section. The
registering agency shall submit registrations, including annual
updates or changes of address, directly into the Department of
Justice California Sex and Arson Registry (CSAR).
SEC. 3. Section 290.014 of the Penal Code is amended to read:
290.014. (a) If any person who is required to register pursuant
to the Act changes his or her name, the person shall inform, in
person, the law enforcement agency or agencies with which he or she
is currently registered within five working days. The law enforcement
agency or agencies shall forward a copy of this information to the
Department of Justice within three working days of its receipt.
(b) If any person who is required to register Internet identifiers
pursuant to Section 290.024 adds or changes an Internet identifier,
as defined in Section 290.024, the person shall send written notice
by mail of the addition or change to the law enforcement agency or
agencies with which he or she is currently registered within 30
working days of the addition or change. The law enforcement agency or
agencies shall make the information available to the Department of
Justice.
SEC. 4. Section 290.015 of the Penal Code, as amended November 6,
2012, by initiative Proposition 35, Section 12, is amended to read:
290.015. (a) A person who is subject to the Act shall register,
or reregister if he or she has previously registered, upon release
from incarceration, placement, commitment, or release on probation
pursuant to subdivision (b) of Section 290. This section shall not
apply to a person who is incarcerated for less than 30 days if he or
she has registered as required by the Act, he or she returns after
incarceration to the last registered address, and the annual update
of registration that is required to occur within five working days of
his or her birthday, pursuant to subdivision (a) of Section 290.012,
did not fall within that incarceration period. The registration
shall consist of all of the following:
(1) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
(2) The fingerprints and a current photograph of the person taken
by the registering official.
(3) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
(4) A list of all Internet identifiers actually used by the
person, as required by Section 290.024.
(5) A statement in writing, signed by the person, acknowledging
that the person is required to register and update the information in
paragraph (4), as required by this chapter.
(6) Notice to the person that, in addition to the requirements of
the Act, he or she may have a duty to register in any other state
where he or she may relocate.
(7) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she has
a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the date he or she is allowed to register.
(b) Within three days thereafter, the registering law enforcement
agency or agencies shall forward the statement, fingerprints,
photograph, and vehicle license plate number, if any, to the
Department of Justice.
(c) (1) If a person fails to register in accordance with
subdivision (a) after release, the district attorney in the
jurisdiction where the person was to be paroled or to be on probation
may request that a warrant be issued for the person's arrest and
shall have the authority to prosecute that person pursuant to Section
290.018.
(2) If the person was not on parole or probation or on postrelease
community supervision or mandatory supervision at the time of
release, the district attorney in the following applicable
jurisdiction shall have the authority to prosecute that person
pursuant to Section 290.018:
(A) If the person was previously registered, in the jurisdiction
in which the person last registered.
(B) If there is no prior registration, but the person indicated on
the Department of Justice notice of sex offender registration
requirement form where he or she expected to reside, in the
jurisdiction where he or she expected to reside.
(C) If neither subparagraph (A) nor (B) applies, in the
jurisdiction where the offense subjecting the person to registration
pursuant to this Act was committed.
SEC. 5. Section 290.015 of the Penal Code, as amended by Section
17 of Chapter 867 of the Statutes of 2012, is repealed.
SEC. 6. Section 290.018 of the Penal Code is amended to read:
290.018. (a) A person who is required to register under the Act
based on a misdemeanor conviction or juvenile adjudication who
willfully violates any requirement of the act is guilty of a
misdemeanor punishable by imprisonment in a county jail not exceeding
one year.
(b) Except as provided in subdivisions (f), (h), (i), and (k), a
person who is required to register under the act based on a felony
conviction or juvenile adjudication who willfully violates any
requirement of the act or who has a prior conviction or juvenile
adjudication for the offense of failing to register under the act and
who subsequently and willfully violates any requirement of the act
is guilty of a felony and shall be punished by imprisonment in the
state prison for 16 months, or two or three years.
(c) If probation is granted or if the imposition or execution of
sentence is suspended, it shall be a condition of the probation or
suspension that the person serve at least 90 days in a county jail.
The penalty described in subdivision (b) or this subdivision shall
apply whether or not the person has been released on parole or has
been discharged from parole.
(d) A person determined to be a mentally disordered sex offender
or who has been found guilty in the guilt phase of trial for an
offense for which registration is required under the act, but who has
been found not guilty by reason of insanity in the sanity phase of
the trial, or who has had a petition sustained in a juvenile
adjudication for an offense for which registration is required
pursuant to Section 290.008, but who has been found not guilty by
reason of insanity, who willfully violates any requirement of the act
is guilty of a misdemeanor and shall be punished by imprisonment in
a county jail not exceeding one year. For any second or subsequent
willful violation of any requirement of the act, the person is guilty
of a felony and shall be punished by imprisonment in the state
prison for 16 months, or two or three years.
(e) If, after discharge from parole, the person is convicted of a
felony or suffers a juvenile adjudication as specified in this act,
he or she shall be required to complete parole of at least one year,
in addition to any other punishment imposed under this section. A
person convicted of a felony as specified in this section may be
granted probation only in the unusual case where the interests of
justice would best be served. When probation is granted under this
act, the court shall specify on the record and shall enter into the
minutes the circumstances indicating that the interests of justice
would best be served by the disposition.
(f) A person who has ever been adjudicated a sexually violent
predator, as defined in Section 6600 of the Welfare and Institutions
Code, and who fails to verify his or her registration every 90 days
as required pursuant to subdivision (b) of Section 290.012, shall be
punished by imprisonment in the state prison or in a county jail not
exceeding one year.
(g) Except as otherwise provided in subdivision (f), a person who
is required to register or reregister pursuant to Section 290.011 and
willfully fails to comply with the requirement that he or she
reregister no less than every 30 days is guilty of a misdemeanor and
shall be punished by imprisonment in a county jail for at least 30
days, but not exceeding six months. A person who willfully fails to
comply with the requirement that he or she reregister no less than
every 30 days shall not be charged with this violation more often
than once for a failure to register in any period of 90 days. A
person who willfully commits a third or subsequent violation of the
requirements of Section 290.011 that he or she reregister no less
than every 30 days shall be punished in accordance with either
subdivision (a) or (b).
(h) A person who fails to provide proof of residence as required
by paragraph (7) of subdivision (a) of Section 290.015, regardless of
the offense upon which the duty to register is based, is guilty of a
misdemeanor punishable by imprisonment in a county jail not
exceeding six months.
(i) A person who fails to provide his or her Internet identifiers,
as required by paragraph (4) of subdivision (a) of Section 290.015,
regardless of the offense upon which the duty to register is based,
is guilty of a misdemeanor punishable in a county jail not exceeding
six months.
(j) A person who is required to register under the act who
willfully violates any requirement of the act is guilty of a
continuing offense as to each requirement he or she violated.
(k) In addition to any other penalty imposed under this section,
the failure to provide information required on registration and
reregistration forms of the Department of Justice, or the provision
of false information, is a crime punishable by imprisonment in a
county jail for a period not exceeding one year. This subdivision
shall not be construed to limit or prevent prosecution under any
applicable law.
(l) Whenever a person is released on parole or probation and is
required to register under the act but fails to do so within the time
prescribed, the parole authority or the court, as the case may be,
shall order the parole or probation of the person revoked. For
purposes of this subdivision, "parole authority" has the same meaning
as described in Section 3000.
SEC. 7. Section 290.024 of the Penal Code is amended to read:
290.024. For purposes of this chapter:
(a) A person who is convicted of a felony on or after January 1,
2017, requiring registration pursuant to the Act, shall register his
or her Internet identifiers if a court determines at the time of
sentencing that any of the following apply:
(1) The person used the Internet to collect any private
information to identify the victim of the crime to further the
commission of the crime.
(2) The person was convicted of a felony pursuant to subdivision
(b) or (c) of Section 236.1 and used the Internet to traffic the
victim of the crime.
(3) The person was convicted of a felony pursuant to Chapter 7.5
(commencing with Section 311) and used the Internet to prepare,
publish, distribute, send, exchange, or download the obscene matter
or matter depicting a minor engaging in sexual conduct, as defined in
subdivision (d) of Section 311.4.
(b) For purposes of this chapter:
(1) "Internet identifier" means any electronic mail address or
user name used for instant messaging or social networking that is
actually used for direct communication between users on the Internet
in a manner that makes the communication not accessible to the
general public. "Internet identifier" does not include Internet
passwords, date of birth, social security number, or PIN number.
(2) "Private information" means any information that identifies or
describes an individual, including, but not limited to, his or her
name; electronic mail, chat, instant messenger, social networking, or
similar name used for Internet communication; social security
number; account numbers; passwords; personal identification numbers;
physical description; physical location; home address; home telephone
number; education; financial matters; medical or employment history;
and statements made by, or attributed to, the individual.
SEC. 8. Section 290.45 of the Penal Code is amended to read:
290.45. (a) (1) Notwithstanding any other law, and except as
provided in paragraph (2), any designated law enforcement entity may
provide information to the public about a person required to register
as a sex offender pursuant to Section 290, by whatever means the
entity deems appropriate, when necessary to ensure the public safety
based upon information available to the entity concerning that
specific person.
(2) The law enforcement entity shall include, with the disclosure,
a statement that the purpose of the release of information is to
allow members of the public to protect themselves and their children
from sex offenders.
(3) Community notification by way of an Internet Web site shall be
governed by Section 290.46, and a designated law enforcement entity
may not post on an Internet Web site any information identifying an
individual as a person required to register as a sex offender except
as provided in that section unless there is a warrant outstanding for
that person's arrest.
(b) Information that may be provided pursuant to subdivision (a)
may include, but is not limited to, the offender's name, known
aliases, gender, race, physical description, photograph, date of
birth, address, which shall be verified prior to publication,
description and license plate number of the offender's vehicles or
vehicles the offender is known to drive, type of victim targeted by
the offender, relevant parole or probation conditions, crimes
resulting in classification under this section, and date of release
from confinement, but excluding information that would identify the
victim. It shall not include any Internet identifier submitted
pursuant to this chapter.
(c) (1) The designated law enforcement entity may authorize
persons and entities who receive the information pursuant to this
section to disclose information to additional persons only if the
entity determines that disclosure to the additional persons will
enhance the public safety and identifies the appropriate scope of
further disclosure. A law enforcement entity may not authorize any
disclosure of this information by placing that information on an
Internet Web site, and shall not authorize disclosure of Internet
identifiers submitted pursuant to this chapter, except as provided in
subdivision (h).
(2) A person who receives information from a law enforcement
entity pursuant to paragraph (1) may disclose that information only
in the manner and to the extent authorized by the law enforcement
entity.
(d) (1) A designated law enforcement entity and its employees
shall be immune from liability for good faith conduct under this
section.
(2) A public or private educational institution, a day care
facility, or a child care custodian described in Section 11165.7, or
an employee of a public or private educational institution or day
care facility which in good faith disseminates information as
authorized pursuant to subdivision (c) shall be immune from civil
liability.
(e) (1) A person who uses information disclosed pursuant to this
section to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment pursuant to subdivision (h) of Section 1170.
(2) A person who uses information disclosed pursuant to this
section to commit a misdemeanor shall be subject to, in addition to
any other penalty or fine imposed, a fine of not less than five
hundred dollars ($500) and not more than one thousand dollars
($1,000).
(f) For purposes of this section, "designated law enforcement
entity" means the Department of Justice, every district attorney, the
Department of Corrections, the Department of the Youth Authority,
and every state or local agency expressly authorized by statute to
investigate or prosecute law violators.
(g) The public notification provisions of this section are
applicable to every person required to register pursuant to Section
290, without regard to when his or her crimes were committed or his
or her duty to register pursuant to Section 290 arose, and to every
offense described in Section 290, regardless of when it was
committed.
(h) (1) Notwithstanding any other law, a designated law
enforcement entity shall only use an Internet identifier submitted
pursuant to this chapter, or release that Internet identifier to
another law enforcement entity, for the purpose of investigating a
sex-related crime, a kidnapping, or human trafficking.
(2) A designated law enforcement entity shall not disclose or
authorize persons or entities to disclose an Internet identifier
submitted pursuant to this chapter to the public or other persons,
except as required by court order.
SEC. 9. The Legislature finds and declares that this act, which
amends Section 290.45 of the Penal Code, imposes a limitation on the
public's right of access to the meetings of public bodies or the
writings of public officials and agencies within the meaning of
Section 3 of Article I of the California Constitution. Pursuant to
that constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation and
the need for protecting that interest:
In order to protect the rights afforded by the First Amendment to
the United States Constitution, it is necessary that Internet
identifier information provided to law enforcement agencies by
registerable sex offenders as part of their registration not be made
generally available to the public.
SEC. 10. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
