BILL NUMBER: SB 448	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2015
	AMENDED IN SENATE  APRIL 15, 2015

INTRODUCED BY   Senator  Galgiani   Hueso 
    (   Principal coauthor:   Senator 
 Galgiani   ) 

                        FEBRUARY 25, 2015

    An act to amend Section 633 of the Penal Code, relating
to law enforcement.   An act to amend Sections 290.012,
290.014, and 290.024 of, and to amend and repeal Section 290.015 of,
the Penal Code, relating to sex offenders, and declaring the urgency
thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 448, as amended,  Galgiani   Hueso  .
 Law enforcement: communications.  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 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 purposes. 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 subject
to sex offender registration to list only those Internet identifiers
actually used to participate in online communications, as specified.
The bill would require the registrant to send written notice of any
addition of, or change to, an Internet identifier to the law
enforcement agency with which he or she is currently registered
within 5 working days. The bill would authorize a law enforcement
agency to which this information has been submitted to make the
information available to another law enforcement agency for the sole
purpose of preventing or investigating a sex-related crime, a
kidnapping, or human trafficking, and would prohibit a law
enforcement agency from disclosing this information to the public.
The bill would authorize the Attorney General to disclose the
information to another person if the Attorney General determines,
based on specific, articulable facts, that the disclosure is likely
to protect members of the public from sex-related crimes,
kidnappings, or human trafficking, and the person to whom the
disclosure is made signs an oath, as specified.  
   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. 

   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law establishes various prohibitions against
eavesdropping and recording or intercepting certain communications.
Violations of these prohibitions are crimes. Existing law provides
that specified law enforcement officers are not prohibited by those
provisions from overhearing or recording any communication that they
could lawfully overhear or record prior to the enactment of those
prohibitions.  
   This bill would add uniformed peace officers of the Department of
Fish and Wildlife, the Department of Parks and Recreation, the State
Department of Developmental Services, and the State Department of
State Hospitals, and a special agent of the Attorney General or any
district attorney, to the list of law enforcement officers to whom
the prohibitions described above do not apply. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: no. State-mandated local program: no.


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  (5), inclusive  (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)  (1)    If any person who is required to
register pursuant to the Act  adds or changes his or her
account with an Internet service provider or  adds or
changes an Internet identifier,  as described in Section 290.024,
 the person shall send written notice of the addition or change
to the law enforcement agency or agencies with which he or she is
currently registered within  24 hours.   The
law enforcement agency or agencies shall make this information
available to the Department of   Justice. 
 five working days.  Each person to whom this 
subdivision   paragraph  applies at the time this
 subdivision   paragraph  becomes effective
shall immediately provide the information required by this 
subdivision.   paragraph within five working days. 

   (2) (A) A law enforcement agency to which an Internet identifier
is submitted pursuant to this subdivision, Section 290.012, or
Section 290.015 shall make the Internet identifier available to the
Department of Justice.  
   (B) A law enforcement agency to which an Internet identifier is
submitted pursuant to this subdivision, Section 290.012, or Section
290.015 may only release that Internet identifier to another law
enforcement agency for the sole purpose of preventing or
investigating a sex-related crime, a kidnapping, or human
trafficking.  
   (C) Notwithstanding Sections 290.45 and 290.46, a law enforcement
agency shall not disclose an Internet identifier submitted pursuant
to this subdivision, Section 290.012, or Section 290.015 to the
public, except that the Attorney General may disclose an Internet
identifier to another person if the Attorney General has determined,
based on specific, articulable facts, that the disclosure is likely
to protect members of the public from sex-related crimes,
kidnappings, or human trafficking, and the person to whom the
disclosure is made signs an oath promising to use the information
only for the identified purpose, to maintain the confidentiality of
the information, and to refrain from disclosing the information to
anyone who has not been granted access to the information by the
Attorney General. 
   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 any and all Internet identifiers 
established or  used by the  person.  
person for communicative purposes, as defined in Section 290.024.
 
   (5) A list of any and all Internet service providers used by the
person.  
   (6) 
    (   5)  A statement in writing, signed by the
person, acknowledging that the person is required to register and
update the information in  paragraphs (4) and (5), 
 paragraph (4),  as required by this chapter. 
   (7) 
    (   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. 
   (8) 
    (   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.  
   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 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. 6.    Section 290.024 of the   Penal
Code   is amended to read: 
   290.024.  For purposes of this chapter,  the following
terms apply:  
   (a) "Internet service provider" means a business, organization, or
other entity providing a computer and communications facility
directly to consumers through which a person may obtain access to the
Internet. An Internet service provider does not include a business,
organization, or other entity that provides only telecommunications
services, cable services, or video services, or any system operated
or services offered by a library or educational institution.

    (b)    "Internet identifier"
means an electronic mail address, user name, screen name, or similar
identifier  actually  used  for the purpose of
  to participate in online communications, including,
but not limited to,  Internet forum discussions, Internet chat
room discussions,  emailing,  instant messaging, social
networking, or similar  Internet communication. 
 methods of communicating online. For the purpose of this
chapter, an "Internet identifier" does not include Internet
passwords, or any electronic mail address, user name, screen name, or
similar identifier used solely to read online content, or solely for
transactions with   a lawful commercial enterprise or
government agency concerning a lawful commercial or governmental
transaction with that enterprise or agency. 
   SEC. 7.    The Legislature finds and declares that
Section 3 of this act, which amends Section 290.014 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
registrable sex offenders as part of their registration not be made
generally available to the public. 
   SEC. 8.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect the rights afforded by the First Amendment to
the United States Constitution while furthering 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, at the earliest possible time, it is
necessary that this act take effect immediately.  
  SECTION 1.   Section 633 of the Penal Code is
amended to read:
   633.  (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7
prohibits the Attorney General, any district attorney, or any
assistant, deputy, special agent, or investigator of the Attorney
General or any district attorney, any officer of the California
Highway Patrol, any uniformed peace officer of the Department of Fish
and Wildlife, the Department of Parks and Recreation, the State
Department of Developmental Services, or the State Department of
State Hospitals, any chief of police, assistant chief of police, or
police officer of a city or city and county, any sheriff,
undersheriff, or deputy sheriff regularly employed and paid in that
capacity by a county, any police officer of the County of Los
Angeles, or any person acting pursuant to the direction of one of
these law enforcement officers acting within the scope of his or her
authority, from overhearing or recording any communication that they
could lawfully overhear or record prior to the effective date of this
chapter.
   (b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders
inadmissible any evidence obtained by the above-named persons by
means of overhearing or recording any communication that they could
lawfully overhear or record prior to the effective date of this
chapter.