BILL NUMBER: SB 448 AMENDED
BILL TEXT
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)
FEBRUARY 25, 2015
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, 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 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. 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 subject to sex offender registration
for a crime where the use of the Internet was essential to the
commission of the crime 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
any 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.
Vote: 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 (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 for a crime where the use of the Internet was
essential to the commission of the crime 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 five working days. Each person to whom this
paragraph applies at the time this paragraph becomes effective shall
immediately provide the information required by this 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 Except as provided in subparagraph
(A), 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 If the person is required to
register for a crime where the use of the Internet was essential to
the commission of the crime, a list of any and all Internet
identifiers used by the person for communicative purposes, as defined
in 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 290.024 of the Penal Code is amended to read:
290.024. For purposes of this chapter,
"Internet identifier" means an electronic mail address, user name,
screen name, or similar identifier actually used to participate in
online communications, including, but not limited to, Internet forum
discussions, Internet chat room discussions, emailing, instant
messaging, social networking, or similar 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
registerable 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.