Bill Text: CA SB756 | 2011-2012 | Regular Session | Chaptered
Bill Title: Sex offender registration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-09-29 - Chaptered by Secretary of State. Chapter 363, Statutes of 2011. [SB756 Detail]
Download: California-2011-SB756-Chaptered.html
BILL NUMBER: SB 756 CHAPTERED
BILL TEXT
CHAPTER 363
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2011
APPROVED BY GOVERNOR SEPTEMBER 29, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY AUGUST 25, 2011
AMENDED IN ASSEMBLY JULY 7, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator Price
FEBRUARY 18, 2011
An act to amend Section 290.015 of the Penal Code, relating to sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 756, Price. Sex offender registration.
Existing law requires persons who are subject to the Sex Offender
Registration Act to, upon release from incarceration, placement,
commitment, or release on probation, register or reregister with the
chief of police of the city in which he or she is residing, or in
which he or she is present if a transient, or the sheriff of the
county if he or she is residing or is present in an unincorporated
area or city that has no police department, as specified. A violation
of the registration requirement is an offense that may be punished
as a misdemeanor, or as a felony if additional circumstances exist.
The bill would provide that if a person fails to so register after
release, the district attorney in the jurisdiction where the person
was to be paroled or to be on probation, or the district attorney in
another specified jurisdiction if the person was not released on
parole or probation, may request that a warrant be issued for the
person's arrest and shall have authority to prosecute that person as
specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 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) 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.
(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 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.
