Bill Text: CA SB584 | 2009-2010 | Regular Session | Introduced
Bill Title: Sex offenders: Internet access.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB584 Detail]
Download: California-2009-SB584-Introduced.html
BILL NUMBER: SB 584 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hollingsworth
FEBRUARY 27, 2009
An act to amend Sections 290.014, 290.015, and 1203.047 of, and to
add Section 3005 to, the Penal Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 584, as introduced, Hollingsworth. Sex offenders: Internet
access.
Existing law, the Sex Offender Registration Act, requires persons
who have been convicted of specified sex offenses to register with
local law enforcement, as specified. Under existing law, failure to
register is a crime.
This bill would require any person who is required to register
under the act for committing a crime where the trier of fact made a
finding that a computer was used to facilitate the commission of the
crime, to inform the registering agent as to whether or not he or she
has access to a computer or other device with Internet capability.
If the status of having access to a computer or other device changes,
the person would be required to so inform the registering agency
within 5 days. By expanding the scope of a crime, the bill would
impose a state-mandated local program.
Existing law imposes various conditions on persons who are placed
on probation or parole.
This bill would impose additional conditions on a person who is on
probation or parole who is required to register under the act for
committing a crime as to which the trier of fact made a finding that
a computer was used to facilitate the commission of the crime. Those
conditions include either being prohibited from using a computer or
other device with Internet capability, except for employment-related
purposes, or, if authorized to use a computer or other device, giving
the consent to search and retrieve data from that computer or
device, and installation of hardware or software that monitors
Internet use. Failure to comply with those conditions would be a
violation of probation or parole, as applicable, or a misdemeanor. By
creating new crimes, the bill would impose 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 no reimbursement is required by this
act for a specified reason.
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 290.014 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 required to register pursuant to the Act, to
whom paragraph (6) of subdivision (a) of Section 290.015 applies,
gains access to a computer or other device with Internet capability
that he or she did not previously have, he or she shall inform, in
person, the law enforcement agency or agencies with which he or she
is currently registered within five working days.
SEC. 2. Section 290.015 of the Penal Code is amended to read:
290.015. (a) A person who is subject to the Act shall register,
or reregister if the person 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) 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.
(5) 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.
(6) If the trier of fact made a finding that a computer or any
other device with Internet capability was used to facilitate the
commission of a crime that requires registration pursuant to the Act,
registration shall include a statement by the person as to whether
or not he or she has access to a computer or other device with
Internet capability.
(b) Within three days thereafter, the registering law enforcement
agency or agencies shall forward the statement or statements
, fingerprints, photograph, and vehicle license plate number,
if any, to the Department of Justice.
SEC. 3. Section 1203.047 of the Penal Code is amended to read:
1203.047. (a) A person convicted of a
violation of paragraph (1), (2), (4), or (5) of subdivision (c) of
Section 502, or of a felony violation of paragraph (3), (6), (7), or
(8) of subdivision (c) of Section 502, or a violation of subdivision
(b) of Section 502.7 may be granted probation, but, except in unusual
cases where the ends of justice would be better served by a shorter
period, the period of probation shall not be less than three years
and the following terms shall be imposed. During the period of
probation, that person shall not accept employment where that person
would use a computer connected by any means to any other computer,
except upon approval of the court and notice to and opportunity to be
heard by the prosecuting attorney, probation department, prospective
employer, and the convicted person. Court approval shall not be
given unless the court finds that the proposed employment would not
pose a risk to the public.
(b) (1) A person who is required to register under the Sex
Offender Registration Act where the trier of fact made a finding that
a computer was used to facilitate the commission of a crime
requiring that registration shall be subject to the following
conditions of probation:
(A) A prohibition on accessing or using a computer without the
prior written approval of the court, except that the person may use a
computer, with approval of his or her probation officer, for
purposes related to that person's employment or search for
employment.
(B) If authorized to use a computer, a requirement that he or she
submit to periodic unannounced examinations of the computer by any
law enforcement official, or his or her agent, including the
retrieval and copying of all data from the computer and any internal
or external peripherals, and removal of that information or equipment
to conduct a more thorough inspection thereof.
(C) If authorized to use a computer, a requirement that he or she
submit to the installation on the computer, at the person's expense,
of one or more software or hardware systems to monitor Internet use.
(D) Any other appropriate restrictions related to the person's
use of or access to a computer.
(2) For purposes of this subdivision, "computer" means any
electronic or wireless device with Internet capability.
(3) Failure of a probationer to comply with the requirements of
this subdivision is a violation of probation and a misdemeanor.
SEC. 4. Section 3005 is added to the Penal Code, to read:
3005. (a) The court shall order the following parole conditions
for a person who is required to register pursuant to the Sex Offender
Registration Act for a crime, and where the trier of fact made a
finding that a computer was used to facilitate the commission of that
crime:
(1) Prohibit the person from accessing or using a computer without
the prior written approval of the court, except that the person may
use a computer, with approval of his or her parole officer, for
purposes related to that person's employment or search for
employment.
(2) If authorized to use a computer, require the person to submit
to periodic unannounced examinations of the computer by any law
enforcement official, or his or her agent, including the retrieval
and copying of all data from the computer and any internal or
external peripherals, and removal of that information or equipment to
conduct a more thorough inspection thereof.
(3) If authorized to use a computer, require the person to submit
to the installation on the computer, at the person's expense, of one
or more software or hardware systems to monitor Internet use.
(4) Any other appropriate restrictions related to the person's use
of or access to a computer.
(b) For purposes of this section, "computer" means any electronic
or wireless device with Internet capability.
(c) Failure of a parolee to comply with this section is a
violation of parole and a misdemeanor.
SEC. 5. 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.
