SB 384: Sex offenders: registration: criminal offender record information systems.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-10-06
Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.
Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion.
This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would, commencing July 1, 2021, establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also, commencing January 1, 2022, revise the criteria for exclusion from the Internet Web site.
Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense.
This bill would require that information to include sentence enhancement data elements.
Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders.
This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.
This bill would incorporate additional changes to Section 290 of the Penal Code proposed by AB 484 to be operative as specified.
Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.
Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion.
This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would, commencing July 1, 2021, establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also, commencing January 1, 2022, revise the criteria for exclusion from the Internet Web site.
Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense.
This bill would require that information to include sentence enhancement data elements.
Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders.
This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.
This bill would incorporate additional changes to Section 290 of the Penal Code proposed by AB 484 to be operative as specified.
Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.
Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion.
This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would, commencing July 1, 2021, establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also, commencing January 1, 2022, revise the criteria for exclusion from the Internet Web site.
Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense.
This bill would require that information to include sentence enhancement data elements.
Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders.
This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.
This bill would incorporate additional changes to Section 290 of the Penal Code proposed by AB 484 to be operative as specified.
Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense.
Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion.
This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would, commencing July 1, 2021, establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also, commencing January 1, 2022, revise the criteria for exclusion from the Internet Web site.
Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense.
This bill would require that information to include sentence enhancement data elements.
Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders.
This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.
The Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control. The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor.This bill would require the Department of Alcoholic Beverage Control, on or before April 1, 2018, to convene and appoint members to an Extended Hours for Alcohol Sales Task Force that would be required to provide a report to the Legislature regarding the potential community, fiscal, health or safety impact of extending the hours of alcohol sales to 4 a.m., as provided.The Alcoholic Beverage Control Act is administered by the Department of Alcoholic Beverage Control. The Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
This bill would require the Department of Alcoholic Beverage Control, on or before April 1, 2018, to convene and appoint members to an Extended Hours for Alcohol Sales Task Force that would be required to provide a report to the Legislature regarding the potential community, fiscal, health or safety impact of extending the hours of alcohol sales to 4 a.m., as provided.
This bill, beginning January 1, 2020, and before January 1, 2025, would authorize the Department of Alcoholic Beverage Control to issue an additional hours license to an on-sale licensee which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located. The bill would impose specified fees related to the license to be deposited in the Alcohol Beverage Control Fund, as provided, and would require that 30% of the fee for an additional hours license be used to fund a local grant program, as specified. The bill would require the applicant to notify specified persons of the application for an additional hours license and would provide a procedure for protest and hearing regarding the application. The bill would provide that any person under 21 years of age who enters and remains in the licensed public premises during the additional serving hours without lawful business therein is guilty of a misdemeanor, as provided.This bill would impose a state-mandated local program by creating new crimes.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 Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
This bill, beginning January 1, 2020, and before January 1, 2025, would authorize the Department of Alcoholic Beverage Control to issue an additional hours permit license to an on-sale licensee which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located and located. The bill would impose specified fees related to the permit license to be deposited in the Alcohol Beverage Control Fund, as provided. provided, and would require that 30% of the fee for an additional hours license be used to fund a local grant program, as specified. The bill would require the applicant to notify specified persons of the application for an additional hours permit license and would provide a procedure for protest and hearing regarding the application. The bill would provide that any person under 21 years of age who enters and remains in the permitted licensed public premises during the additional serving hours without lawful business therein is guilty of a misdemeanor, as provided.
This bill would impose a state-mandated local program by creating new crimes.
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 Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
This bill bill, beginning January 1, 2020, and before January 1, 2025, would authorize the Department of Alcoholic Beverage Control to issue an additional hours permit to an on-sale licensee which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located and upon payment of a fee would impose specified fees related to the permit to be deposited in the Alcohol Beverage Control Fund, as provided. The bill would require the applicant to notify specified persons of the application for an additional hours permit and would provide a procedure for protest and hearing regarding the application. The bill would provide that any person under 21 years of age who enters and remains in the permitted public premises during the additional serving hours without lawful business therein is guilty of a misdemeanor, as provided.
This bill would impose a state-mandated local program by creating new crimes.
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 Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
This bill would allow an on-sale licensee to apply to authorize the Department of Alcoholic Beverage Control to issue an additional hours permit to an on-sale licensee which would authorize, with or without conditions on the on-sale license, conditions, the selling, giving, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located and upon payment of a fee to be deposited in the Alcohol Beverage Control Fund, as provided. The bill would require the applicant to notify specified persons of the application for an additional hours permit and would provide a procedure for protest and hearing regarding the application. The bill would prohibit a new license to operate during extended hours under these provisions from being issued until any existing license issued by the department at the premises has been canceled.
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 Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
This bill would allow an on-sale licensee to apply to the Department of Alcoholic Beverage Control to authorize, with or without conditions on the on-sale license, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located and upon payment of a fee to be deposited in the Alcohol Beverage Control Fund, as provided. The bill would require the applicant to notify specified persons of the application for additional hours and would provide a procedure for protest and hearing regarding the application. The bill would prohibit a new license to operate during extended hours under these provisions from being issued until any existing license issued by the department at the premises has been canceled.
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 Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
This bill would allow an on-sale licensee to apply to the Department of Alcoholic Beverage Control to authorize, with or without conditions on the on-sale license, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located and upon payment of a fee to be deposited in the Alcohol Beverage Control Fund, as provided. This The bill would require the applicant to notify specified persons of the application for additional hours and would provide a procedure for protest and hearing regarding the application. The bill would prohibit a new license to operate during extended hours under these provisions from being issued until any existing license issued by the department at the premises has been canceled.
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 Alcoholic Beverage Control Act provides that any on- or off-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. Existing law provides for moneys collected as fees pursuant to the act to be deposited in the Alcohol Beverage Control Fund, with those moneys generally allocated to the Department of Alcoholic Beverage Control upon appropriation by the Legislature.
This bill would allow an on-sale licensee to apply to the Department of Alcoholic Beverage Control to authorize, with or without conditions on the on-sale license, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located and upon payment a fee to be deposited in the Alcohol Beverage Control Fund, as provided. This bill would require the applicant to notify specified persons of the application for additional hours and would provide a procedure for protest and hearing regarding the application.
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.
(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c)The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 1.5.Section 290 of the Penal Code is amended to read:290.(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c)The following persons shall register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 290 is added to the Penal Code, to read:290.(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c)The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h)of Section 286, subdivision (g) or (h) of Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating any of the following:
(i)Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
(ii)Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
(iii)Section 220.
(iv)Subdivision (b) of Section 266h.
(v)Subdivision (b) of Section 266i.
(vi)Section 266j.
(vii)Section 267.
(viii)Section 269.
(ix)Subdivision (b) or (c) of Section 288.
(x)Section 288.2.
(xi)Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
(xii)Section 288.4.
(xiii)Section 288.5.
(xiv)Section 288.7.
(xv)Subdivision (c) of Section 653f.
(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L)The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M)The person was convicted of violating Section 264.1.
(N)The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
(Q)The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R)The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5)(A)The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
(B)The Department of Justice shall ascertain an individuals appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e)The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f)Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g)This section shall become operative on January 1, 2021.
SEC. 2.5Section 290 is added to the Penal Code, to read:290.(a)Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c)The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating any of the following:
(i)Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
(ii)Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
(iii)Section 220.
(iv)Subdivision (b) of Section 266h.
(v)Subdivision (b) of Section 266i.
(vi)Section 266j.
(vii)Section 267.
(viii)Section 269.
(ix)Subdivision (b) or (c) of Section 288.
(x)Section 288.2.
(xi)Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
(xii)Section 288.4.
(xiii)Section 288.5.
(xiv)Section 288.7.
(xv)Subdivision (c) of Section 653f.
(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L)The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M)The person was convicted of violating Section 264.1.
(N)The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
(Q)The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R)The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5)(A)The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
(B)The Department of Justice shall ascertain an individuals appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e)The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f)Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g)This section shall become operative on January 1, 2021.
SEC. 3.Section 290.006 of the Penal Code is amended to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 290.006 is added to the Penal Code, to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding.
(c)In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following:
(1)The nature of the registerable offense.
(2)The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours.
(3)The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense.
(4)Whether the person has previously been arrested for, or convicted of, a sexually motivated offense.
(5)The persons current risk of sexual or violent reoffense, including the persons risk level on the SARATSO static risk assessment instrument, and, if available from past supervision for a sexual offense, the persons risk level on the SARATSO dynamic and violence risk assessment instruments.
(d)This section shall become operative on January 1, 2021.
SEC. 5.Section 290.008 of the Penal Code is amended to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(e)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 6.Section 290.008 is added to the Penal Code, to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)(1)A tier one juvenile offender is subject to registration for a minimum of five years. A person is a tier one juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(2)A tier two juvenile offender is subject to registration for a minimum of 10 years. A person is a tier two juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3)A person who is required to register as a sex offender pursuant to this section may file a petition for termination from the sex offender registry in the juvenile court in the county in which he or she is registered at the expiration of his or her mandated minimum registration period, pursuant to Section 290.5.
(e)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(f)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(g)This section shall become operative on January 1, 2021.
SEC. 7.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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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.
(i)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.Section 290.45 is added to the Penal Code, 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 persons current risk of sexual or violent reoffense, including, but not limited to, the persons static, dynamic, and violence risk levels on the SARATSO risk tools described in subdivision (f) of Section 290.04.
(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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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, a district attorney, the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, 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 each 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.
(i)This section shall become operative on January 1, 2021.
SEC. 9.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.
(2)This subdivision shall apply to the following offenses:
(A)Section 220, except assault to commit mayhem.
(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.
(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.
(E)Subdivision (b), (d), (e), or (i) of Section 289.
(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.
(B)Section 266, provided that the offense is a felony.
(C)Section 266c, provided that the offense is a felony.
(D)Section 266j.
(E)Section 267.
(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.
(G)Section 288.3, provided that the offense is a misdemeanor.
(H)Section 288.4, provided that the offense is a misdemeanor.
(I)Section 626.81.
(J)Section 647.6.
(K)Section 653c.
(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.
(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.
(2)This subdivision shall apply to the following offenses:
(A)A felony violation of subdivision (a) of Section 243.4.
(B)Section 647.6, if the offense is a misdemeanor.
(C)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.
(D)(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(iii)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(iv)For the purposes of this subparagraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(3)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(4)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.
(f)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.
(g)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).
(h)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(k)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(n)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(p)This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 10.Section 290.46 is added to the Penal Code, to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2), or who is a tier three offender as described in paragraph (3) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a), except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. The department shall also make available to the public via the Internet Web site his or her static SARATSO risk level, if any, and information on an elevated risk level based on the SARATSO future violence tool. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision, may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(V)A tier three offender, as described in paragraph (3) of subdivision (d) of Section 290.
(c)(1)With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2) of subdivision (d) of Section 290 and who is a tier two offender, and with respect to a person who has been convicted of the commission or the attempted commission of Section 647.6, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides, except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)Any registrant whose information was not included on the public Internet Web site on January 1, 2022, and who is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290 may have the information described in this subdivision made available to the public via the public Internet Web site.
(d)(1)(A)An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site if he or she demonstrates that the persons only registerable offense is either of the following:
(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(B)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(C)For the purposes of this paragraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(2)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(3)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of average, below average, or very low as determined by the Coding Rules for the SARATSO static risk assessment instrument.
(e)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2), provided that the information about that person is also displayed on the Department of Justices Megans Law Internet Web site.
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning the current risk posed by a specific offender, including his or her risk of sexual or violent reoffense, as indicated by the persons SARATSO static, dynamic, and violence risk levels, as described in Section 290.04, if available.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b).
(f)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(g)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(h)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(i)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(j)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(k)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(l)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(m)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(n)This section shall become operative on January 1, 2022.
SEC. 11.Section 290.5 of the Penal Code is amended to read:290.5.(a)(1)A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.
(2)A person required to register under Section 290, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall not be relieved of the duty to register under Section 290, or of the duty to register under Section 290 for any offense subject to that section of which he or she is convicted in the future, if his or her conviction is for one of the following offenses:
(A)Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(B)Section 220, except assault to commit mayhem.
(C)Section 243.4, provided that the offense is a felony.
(D)Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 266, provided that the offense is a felony.
(G)Section 266c, provided that the offense is a felony.
(H)Section 266j.
(I)Section 267.
(J)Section 269.
(K)Paragraph (1) of subdivision (b) of Section 286, provided that the offense is a felony.
(L)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.
(M)Section 288.
(N)Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony.
(O)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a.
(P)Section 288.5.
(Q)Section 288.7.
(R)Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289, provided that the offense is a felony.
(S)Subdivision (i) or (j) of Section 289.
(T)Section 647.6.
(U)The attempted commission of any of the offenses specified in this paragraph.
(V)The statutory predecessor of any of the offenses specified in this paragraph.
(W)Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.
(b)(1)Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.
(2)This subdivision does not apply to misdemeanor violations of Section 647.6.
(3)The court, upon granting a petition for a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, if the petition was granted prior to January 1, 1998, may relieve a person of the duty to register under Section 290 for a violation of Section 288 or 288.5, provided that the person was granted probation pursuant to subdivision (d) of Section 1203.066, has complied with the provisions of Section 290 for a continuous period of at least 10 years immediately preceding the filing of the petition, and has not been convicted of a felony during that period.
(c)This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
SEC. 12.Section 290.5 is added to the Penal Code, to read:290.5.(a)(1)A person who is required to register pursuant to Section 290 and who is a tier one or tier two offender may file a petition in the superior court in the county in which he or she is registered for termination from the sex offender registry at the expiration of his or her mandated minimum registration period, or if the person is required to register pursuant to Section 290.008, he or she may file the petition in juvenile court on or after his or her birthday following the expiration of the mandated minimum registration period. The petition shall contain proof of the persons current registration as a sex offender.
(2)The petition shall be served on the registering law enforcement agency and the district attorney in the county where the petition is filed and on the law enforcement agency and the district attorney of the county of conviction of a registerable offense if different than the county where the petition is filed. The registering law enforcement agency and the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed shall, within 60 days of receipt of the petition, report to the district attorney and the superior or juvenile court in which the petition is filed regarding whether the person has met the requirements for termination pursuant to subdivision (e) of Section 290. If an offense which may require registration pursuant to Section 290.005 is identified by the registering law enforcement agency which has not previously been assessed by the Department of Justice, the registering law enforcement agency shall refer that conviction to the department for assessment and determination of whether the conviction changes the tier designation assigned by the department to the offender. If the newly discovered offense changes the tier designation for that person, the department shall change the tier designation pursuant to subdivision (d) of Section 290 within three months of receipt of the request by the registering law enforcement agency and notify the registering law enforcement agency. If more time is required to obtain the documents needed to make the assessment, the department shall notify the registering law enforcement agency of the reason that an extension of time is necessary to complete the tier designation. The registering law enforcement agency shall report to the district attorney and the court that the department has requested an extension of time to determine the persons tier designation based on the newly discovered offense, the reason for the request, and the estimated time needed to complete the tier designation. The district attorney in the county where the petition is filed may, within 60 days of receipt of the report from either the registering law enforcement agency, the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed, or the district attorney of the county of conviction of a registerable offense, request a hearing on the petition if the petitioner has not fulfilled the requirement described in subdivision (e) of Section 290, or if community safety would be significantly enhanced by the persons continued registration. If no hearing is requested, the petition for termination shall be granted if the court finds the required proof of current registration is presented in the petition, provided that the registering agency reported that the person met the requirement for termination pursuant to subdivision (e) of Section 290, there are no pending charges against the person which could extend the time to complete the registration requirements of the tier or change the persons tier status, and the person is not in custody or on parole, probation, or supervised release.
(3)If the district attorney requests a hearing, he or she shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature and facts of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available. Any judicial determination made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is reliable, material, and relevant.
(4)If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination, which shall be at least one year from the date of the denial, but not to exceed five years, based on facts presented at the hearing. The court shall state on the record the reason for its determination setting the time period after which the person may repetition.
(5)The court shall notify the Department of Justice, California Sex Offender Registry, when a petition for termination from the registry is granted or denied. If the petition is denied, the court shall also notify the Department of Justice, California Sex Offender Registry, of the time period after which the person can file a new petition for termination.
(b)(1)A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 14 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1.
(2)A tier two offender described in paragraph (1) of subdivision (b) may file a petition with the superior court for termination from the registry only if he or she has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and has registered for 10 years pursuant to subdivision (e) of Section 290. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not repetition for termination for at least one year.
(3)A person required to register as a tier three offender based solely on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, may petition the court for termination from the registry after 20 years from release from custody on the registerable offense, if the person (A) has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and (B) has registered for 20 years pursuant to subdivision (e) of Section 290; except that a person required to register for a conviction pursuant to Section 288 or an offense listed in subdivision (c) of Section 1192.7 who is a tier three offender based on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, shall not be permitted to petition for removal from the registry. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not re-petition for termination for at least three years.
(c)This section shall become operative on July 1, 2021.
SEC. 13.Section 4852.03 of the Penal Code is amended to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Section 290, except that in the case of a person convicted of a violation of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314, an additional two years.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
SEC. 14.Section 4852.03 is added to the Penal Code, to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)(A)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Sections 290 to 290.024, inclusive.
(B)A certificate of rehabilitation issued on or after July 1, 2021, does not relieve a person of the obligation to register as a sex offender unless the person obtains relief granted under Section 290.5.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall become operative on July 1, 2021.
SEC. 15.Section 9002 of the Penal Code is amended to read:9002.(a)The board shall address any issues, concerns, and problems related to the community management of sex offenders. The main objective of the board, which shall be used to guide the board in prioritizing resources and use of time, is to achieve safer communities by reducing victimization.
(b)The board shall conduct public hearings, as it deems necessary, to provide opportunities for gathering information and receiving input regarding the work of the board from concerned stakeholders and the public.
(c)The members of the board shall be immune from liability for good faith conduct under this chapter.
SEC. 16.Section 13125 of the Penal Code is amended to read:13125.All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements:
The following personal identification data: |
Name(full name) |
Aliases |
Monikers |
Race |
Sex |
Date of birth |
Place of birth (state or country) |
Height |
Weight |
Hair color |
Eye color |
CII number |
FBI number |
Social security number |
California operators license number |
Fingerprint classification number |
Henry |
NCIC |
Address |
The following arrest data: |
Arresting agency |
Booking number |
Date of arrest |
Offenses charged |
Statute citations |
Literal descriptions |
Police disposition |
Released |
Cited and released |
Turned over to |
Complaint filed |
The following misdemeanor or infraction data or preliminary |
County and court name |
Date complaint filed |
Original offenses charged in a complaint |
Held to answer |
Certified plea |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
Convicted |
Plea |
Court trial |
Jury trial |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
The following superior court data: |
County |
Date complaint filed |
Type of proceeding |
Indictment |
Information |
Certification |
Original offenses charged in
indictment or |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
On transcript |
Convictedfelony, misdemeanor |
Plea |
Court trial |
Jury trial |
On transcript |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
Source of reopened cases |
The following corrections data: |
Adult probation |
County |
Type of court |
Court number |
Offense |
Date on probation |
Date removed |
Reason for removal |
Jail (unsentenced prisoners only) |
Offenses charged |
Name of jail or institution |
Date received |
Date released |
Reason for release |
Bail on own recognizance |
Bail |
Other |
Committing agency |
County jail (sentenced prisoners only) |
Name of jail, camp, or other |
Convicted offense |
Sentence |
Sentence enhancement data elements |
Date received |
Date released |
Reason for release |
Committing agency |
Division of Juvenile Justice |
County |
Type of court |
Court number |
Division of Juvenile Justice number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Department of Corrections and Rehabilitation |
County |
Type of court |
Court number |
Department of Corrections and Rehabilitation number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Mentally disordered sex offenders |
County |
Hospital number |
Date received |
Date discharged |
Recommendation |
(a)(1)Section 1.5 of this bill incorporates amendments to Section 290 of the Penal Code proposed by both this bill and Assembly Bill 484. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 290 of the Penal Code, and (3) this bill is enacted after Assembly Bill 484, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates changes made to Section 290 of the Penal Code proposed by both this bill and Assembly Bill 484. That section of this bill shall only become operative if (1) both bills are enacted, without regard to the order of enactment, and become effective on or before January 1, 2018, (2) each bill amends Section 290 of the Penal Code, (3) and this bill adds Section 290 to the Penal Code, in which case Section 2 of this bill shall not become operative.
(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c)The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 1.5.Section 290 of the Penal Code is amended to read:290.(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c)The following persons shall register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 290 is added to the Penal Code, to read:290.(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c)The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h)of Section 286, subdivision (g) or (h) of Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating any of the following:
(i)Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
(ii)Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
(iii)Section 220.
(iv)Subdivision (b) of Section 266h.
(v)Subdivision (b) of Section 266i.
(vi)Section 266j.
(vii)Section 267.
(viii)Section 269.
(ix)Subdivision (b) or (c) of Section 288.
(x)Section 288.2.
(xi)Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
(xii)Section 288.4.
(xiii)Section 288.5.
(xiv)Section 288.7.
(xv)Subdivision (c) of Section 653f.
(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L)The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M)The person was convicted of violating Section 264.1.
(N)The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
(Q)The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R)The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5)(A)The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
(B)The Department of Justice shall ascertain an individuals appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e)The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f)Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g)This section shall become operative on January 1, 2021.
SEC. 2.5Section 290 is added to the Penal Code, to read:290.(a)Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c)The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating any of the following:
(i)Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
(ii)Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
(iii)Section 220.
(iv)Subdivision (b) of Section 266h.
(v)Subdivision (b) of Section 266i.
(vi)Section 266j.
(vii)Section 267.
(viii)Section 269.
(ix)Subdivision (b) or (c) of Section 288.
(x)Section 288.2.
(xi)Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
(xii)Section 288.4.
(xiii)Section 288.5.
(xiv)Section 288.7.
(xv)Subdivision (c) of Section 653f.
(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L)The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M)The person was convicted of violating Section 264.1.
(N)The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
(Q)The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R)The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5)(A)The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
(B)The Department of Justice shall ascertain an individuals appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e)The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f)Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g)This section shall become operative on January 1, 2021.
SEC. 3.Section 290.006 of the Penal Code is amended to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 290.006 is added to the Penal Code, to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding.
(c)In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following:
(1)The nature of the registerable offense.
(2)The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours.
(3)The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense.
(4)Whether the person has previously been arrested for, or convicted of, a sexually motivated offense.
(5)The persons current risk of sexual or violent reoffense, including the persons risk level on the SARATSO static risk assessment instrument, and, if available from past supervision for a sexual offense, the persons risk level on the SARATSO dynamic and violence risk assessment instruments.
(d)This section shall become operative on January 1, 2021.
SEC. 5.Section 290.008 of the Penal Code is amended to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(e)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 6.Section 290.008 is added to the Penal Code, to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)(1)A tier one juvenile offender is subject to registration for a minimum of five years. A person is a tier one juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(2)A tier two juvenile offender is subject to registration for a minimum of 10 years. A person is a tier two juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3)A person who is required to register as a sex offender pursuant to this section may file a petition for termination from the sex offender registry in the juvenile court in the county in which he or she is registered at the expiration of his or her mandated minimum registration period, pursuant to Section 290.5.
(e)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(f)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(g)This section shall become operative on January 1, 2021.
SEC. 7.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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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.
(i)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.Section 290.45 is added to the Penal Code, 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 persons current risk of sexual or violent reoffense, including, but not limited to, the persons static, dynamic, and violence risk levels on the SARATSO risk tools described in subdivision (f) of Section 290.04.
(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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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, a district attorney, the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, 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 each 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.
(i)This section shall become operative on January 1, 2021.
SEC. 9.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.
(2)This subdivision shall apply to the following offenses:
(A)Section 220, except assault to commit mayhem.
(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.
(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.
(E)Subdivision (b), (d), (e), or (i) of Section 289.
(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.
(B)Section 266, provided that the offense is a felony.
(C)Section 266c, provided that the offense is a felony.
(D)Section 266j.
(E)Section 267.
(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.
(G)Section 288.3, provided that the offense is a misdemeanor.
(H)Section 288.4, provided that the offense is a misdemeanor.
(I)Section 626.81.
(J)Section 647.6.
(K)Section 653c.
(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.
(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.
(2)This subdivision shall apply to the following offenses:
(A)A felony violation of subdivision (a) of Section 243.4.
(B)Section 647.6, if the offense is a misdemeanor.
(C)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.
(D)(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(iii)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(iv)For the purposes of this subparagraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(3)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(4)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.
(f)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.
(g)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).
(h)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(k)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(n)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(p)This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 10.Section 290.46 is added to the Penal Code, to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2), or who is a tier three offender as described in paragraph (3) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a), except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. The department shall also make available to the public via the Internet Web site his or her static SARATSO risk level, if any, and information on an elevated risk level based on the SARATSO future violence tool. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision, may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(V)A tier three offender, as described in paragraph (3) of subdivision (d) of Section 290.
(c)(1)With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2) of subdivision (d) of Section 290 and who is a tier two offender, and with respect to a person who has been convicted of the commission or the attempted commission of Section 647.6, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides, except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)Any registrant whose information was not included on the public Internet Web site on January 1, 2022, and who is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290 may have the information described in this subdivision made available to the public via the public Internet Web site.
(d)(1)(A)An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site if he or she demonstrates that the persons only registerable offense is either of the following:
(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(B)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(C)For the purposes of this paragraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(2)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(3)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of average, below average, or very low as determined by the Coding Rules for the SARATSO static risk assessment instrument.
(e)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2), provided that the information about that person is also displayed on the Department of Justices Megans Law Internet Web site.
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning the current risk posed by a specific offender, including his or her risk of sexual or violent reoffense, as indicated by the persons SARATSO static, dynamic, and violence risk levels, as described in Section 290.04, if available.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b).
(f)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(g)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(h)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(i)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(j)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(k)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(l)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(m)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(n)This section shall become operative on January 1, 2022.
SEC. 11.Section 290.5 of the Penal Code is amended to read:290.5.(a)(1)A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.
(2)A person required to register under Section 290, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall not be relieved of the duty to register under Section 290, or of the duty to register under Section 290 for any offense subject to that section of which he or she is convicted in the future, if his or her conviction is for one of the following offenses:
(A)Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(B)Section 220, except assault to commit mayhem.
(C)Section 243.4, provided that the offense is a felony.
(D)Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 266, provided that the offense is a felony.
(G)Section 266c, provided that the offense is a felony.
(H)Section 266j.
(I)Section 267.
(J)Section 269.
(K)Paragraph (1) of subdivision (b) of Section 286, provided that the offense is a felony.
(L)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.
(M)Section 288.
(N)Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony.
(O)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a.
(P)Section 288.5.
(Q)Section 288.7.
(R)Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289, provided that the offense is a felony.
(S)Subdivision (i) or (j) of Section 289.
(T)Section 647.6.
(U)The attempted commission of any of the offenses specified in this paragraph.
(V)The statutory predecessor of any of the offenses specified in this paragraph.
(W)Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.
(b)(1)Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.
(2)This subdivision does not apply to misdemeanor violations of Section 647.6.
(3)The court, upon granting a petition for a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, if the petition was granted prior to January 1, 1998, may relieve a person of the duty to register under Section 290 for a violation of Section 288 or 288.5, provided that the person was granted probation pursuant to subdivision (d) of Section 1203.066, has complied with the provisions of Section 290 for a continuous period of at least 10 years immediately preceding the filing of the petition, and has not been convicted of a felony during that period.
(c)This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
SEC. 12.Section 290.5 is added to the Penal Code, to read:290.5.(a)(1)A person who is required to register pursuant to Section 290 and who is a tier one or tier two offender may file a petition in the superior court in the county in which he or she is registered for termination from the sex offender registry at the expiration of his or her mandated minimum registration period, or if the person is required to register pursuant to Section 290.008, he or she may file the petition in juvenile court on or after his or her birthday following the expiration of the mandated minimum registration period. The petition shall contain proof of the persons current registration as a sex offender.
(2)The petition shall be served on the registering law enforcement agency and the district attorney in the county where the petition is filed and on the law enforcement agency and the district attorney of the county of conviction of a registerable offense if different than the county where the petition is filed. The registering law enforcement agency and the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed shall, within 60 days of receipt of the petition, report to the district attorney and the superior or juvenile court in which the petition is filed regarding whether the person has met the requirements for termination pursuant to subdivision (e) of Section 290. If an offense which may require registration pursuant to Section 290.005 is identified by the registering law enforcement agency which has not previously been assessed by the Department of Justice, the registering law enforcement agency shall refer that conviction to the department for assessment and determination of whether the conviction changes the tier designation assigned by the department to the offender. If the newly discovered offense changes the tier designation for that person, the department shall change the tier designation pursuant to subdivision (d) of Section 290 within three months of receipt of the request by the registering law enforcement agency and notify the registering law enforcement agency. If more time is required to obtain the documents needed to make the assessment, the department shall notify the registering law enforcement agency of the reason that an extension of time is necessary to complete the tier designation. The registering law enforcement agency shall report to the district attorney and the court that the department has requested an extension of time to determine the persons tier designation based on the newly discovered offense, the reason for the request, and the estimated time needed to complete the tier designation. The district attorney in the county where the petition is filed may, within 60 days of receipt of the report from either the registering law enforcement agency, the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed, or the district attorney of the county of conviction of a registerable offense, request a hearing on the petition if the petitioner has not fulfilled the requirement described in subdivision (e) of Section 290, or if community safety would be significantly enhanced by the persons continued registration. If no hearing is requested, the petition for termination shall be granted if the court finds the required proof of current registration is presented in the petition, provided that the registering agency reported that the person met the requirement for termination pursuant to subdivision (e) of Section 290, there are no pending charges against the person which could extend the time to complete the registration requirements of the tier or change the persons tier status, and the person is not in custody or on parole, probation, or supervised release.
(3)If the district attorney requests a hearing, he or she shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature and facts of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available. Any judicial determination made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is reliable, material, and relevant.
(4)If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination, which shall be at least one year from the date of the denial, but not to exceed five years, based on facts presented at the hearing. The court shall state on the record the reason for its determination setting the time period after which the person may repetition.
(5)The court shall notify the Department of Justice, California Sex Offender Registry, when a petition for termination from the registry is granted or denied. If the petition is denied, the court shall also notify the Department of Justice, California Sex Offender Registry, of the time period after which the person can file a new petition for termination.
(b)(1)A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 14 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1.
(2)A tier two offender described in paragraph (1) of subdivision (b) may file a petition with the superior court for termination from the registry only if he or she has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and has registered for 10 years pursuant to subdivision (e) of Section 290. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not repetition for termination for at least one year.
(3)A person required to register as a tier three offender based solely on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, may petition the court for termination from the registry after 20 years from release from custody on the registerable offense, if the person (A) has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and (B) has registered for 20 years pursuant to subdivision (e) of Section 290; except that a person required to register for a conviction pursuant to Section 288 or an offense listed in subdivision (c) of Section 1192.7 who is a tier three offender based on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, shall not be permitted to petition for removal from the registry. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not re-petition for termination for at least three years.
(c)This section shall become operative on July 1, 2021.
SEC. 13.Section 4852.03 of the Penal Code is amended to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Section 290, except that in the case of a person convicted of a violation of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314, an additional two years.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
SEC. 14.Section 4852.03 is added to the Penal Code, to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)(A)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Sections 290 to 290.024, inclusive.
(B)A certificate of rehabilitation issued on or after July 1, 2021, does not relieve a person of the obligation to register as a sex offender unless the person obtains relief granted under Section 290.5.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall become operative on July 1, 2021.
SEC. 15.Section 9002 of the Penal Code is amended to read:9002.(a)The board shall address any issues, concerns, and problems related to the community management of sex offenders. The main objective of the board, which shall be used to guide the board in prioritizing resources and use of time, is to achieve safer communities by reducing victimization.
(b)The board shall conduct public hearings, as it deems necessary, to provide opportunities for gathering information and receiving input regarding the work of the board from concerned stakeholders and the public.
(c)The members of the board shall be immune from liability for good faith conduct under this chapter.
SEC. 16.Section 13125 of the Penal Code is amended to read:13125.All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements:
The following personal identification data: |
Name(full name) |
Aliases |
Monikers |
Race |
Sex |
Date of birth |
Place of birth (state or country) |
Height |
Weight |
Hair color |
Eye color |
CII number |
FBI number |
Social security number |
California operators license number |
Fingerprint classification number |
Henry |
NCIC |
Address |
The following arrest data: |
Arresting agency |
Booking number |
Date of arrest |
Offenses charged |
Statute citations |
Literal descriptions |
Police disposition |
Released |
Cited and released |
Turned over to |
Complaint filed |
The following misdemeanor or infraction data or preliminary |
County and court name |
Date complaint filed |
Original offenses charged in a complaint |
Held to answer |
Certified plea |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
Convicted |
Plea |
Court trial |
Jury trial |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
The following superior court data: |
County |
Date complaint filed |
Type of proceeding |
Indictment |
Information |
Certification |
Original offenses charged in
indictment or |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
On transcript |
Convictedfelony, misdemeanor |
Plea |
Court trial |
Jury trial |
On transcript |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
Source of reopened cases |
The following corrections data: |
Adult probation |
County |
Type of court |
Court number |
Offense |
Date on probation |
Date removed |
Reason for removal |
Jail (unsentenced prisoners only) |
Offenses charged |
Name of jail or institution |
Date received |
Date released |
Reason for release |
Bail on own recognizance |
Bail |
Other |
Committing agency |
County jail (sentenced prisoners only) |
Name of jail, camp, or other |
Convicted offense |
Sentence |
Sentence enhancement data elements |
Date received |
Date released |
Reason for release |
Committing agency |
Division of Juvenile Justice |
County |
Type of court |
Court number |
Division of Juvenile Justice number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Department of Corrections and Rehabilitation |
County |
Type of court |
Court number |
Department of Corrections and Rehabilitation number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Mentally disordered sex offenders |
County |
Hospital number |
Date received |
Date discharged |
Recommendation |
(a)(1)Section 1.5 of this bill incorporates amendments to Section 290 of the Penal Code proposed by both this bill and Assembly Bill 484. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 290 of the Penal Code, and (3) this bill is enacted after Assembly Bill 484, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates changes made to Section 290 of the Penal Code proposed by both this bill and Assembly Bill 484. That section of this bill shall only become operative if (1) both bills are enacted, without regard to the order of enactment, and become effective on or before January 1, 2018, (2) each bill amends Section 290 of the Penal Code, (3) and this bill adds Section 290 to the Penal Code, in which case Section 2 of this bill shall not become operative.
(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c)The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 1.5.Section 290 of the Penal Code is amended to read:290.(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c)The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 290 is added to the Penal Code, to read:290.(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c)The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (f), (g), (h), or (i) (g) or (h)of Section 286, subdivision (c) of Section 288, subdivision (f), (g), (h), or (i) (g) or (h) of Section 288a, subdivision (b), (d), or (e) (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating any of the following:
(i)Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
(ii)Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
(iii)Section 220.
(iv)Subdivision (b) of Section 266h.
(v)Subdivision (b) of Section 266i.
(vi)Section 266j.
(vii)Section 267.
(viii)Section 269.
(ix)Subdivision (b) or (c) of Section 288.
(x)Section 288.2.
(xi)Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
(xii)Section 288.4.
(xiii)Section 288.5.
(xiv)Section 288.7.
(xv)Subdivision (c) of Section 653f.
(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L)The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M)The person was convicted of violating Section 264.1.
(N)The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
(Q)The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R)The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5)(A)The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
(B)The Department of Justice shall ascertain an individuals appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e)The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f)Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g)This section shall become operative on January 1, 2021.
SEC. 2.5Section 290 is added to the Penal Code, to read:290.(a)Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c)The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating any of the following:
(i)Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
(ii)Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
(iii)Section 220.
(iv)Subdivision (b) of Section 266h.
(v)Subdivision (b) of Section 266i.
(vi)Section 266j.
(vii)Section 267.
(viii)Section 269.
(ix)Subdivision (b) or (c) of Section 288.
(x)Section 288.2.
(xi)Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
(xii)Section 288.4.
(xiii)Section 288.5.
(xiv)Section 288.7.
(xv)Subdivision (c) of Section 653f.
(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L)The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M)The person was convicted of violating Section 264.1.
(N)The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
(Q)The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R)The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5)(A)The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
(B)The Department of Justice shall ascertain an individuals appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e)The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f)Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g)This section shall become operative on January 1, 2021.
SEC. 3.Section 290.006 of the Penal Code is amended to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 290.006 is added to the Penal Code, to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding.
(c)In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following:
(1)The nature of the registerable offense.
(2)The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours.
(3)The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense.
(4)Whether the person has previously been arrested for, or convicted of, a sexually motivated offense.
(5)The persons current risk of sexual or violent reoffense, including the persons risk level on the SARATSO static risk assessment instrument, and, if available from past supervision for a sexual offense, the persons risk level on the SARATSO dynamic and violence risk assessment instruments.
(d)This section shall become operative on January 1, 2021.
SEC. 5.Section 290.008 of the Penal Code is amended to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(e)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 6.Section 290.008 is added to the Penal Code, to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)(1)A tier one juvenile offender is subject to registration for a minimum of five years. A person is a tier one juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(2)A tier two juvenile offender is subject to registration for a minimum of 10 years. A person is a tier two juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3)A person who is required to register as a sex offender pursuant to this section may file a petition for termination from the sex offender registry in the juvenile court in the county in which he or she is registered at the expiration of his or her mandated minimum registration period, pursuant to Section 290.5.
(e)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(f)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(g)This section shall become operative on January 1, 2021.
SEC. 7.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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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.
(i)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.Section 290.45 is added to the Penal Code, 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 persons current risk of sexual or violent reoffense, including, but not limited to, the persons static, dynamic, and violence risk levels on the SARATSO risk tools described in subdivision (f) of Section 290.04.
(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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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, a district attorney, the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, 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 each 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.
(i)This section shall become operative on January 1, 2021.
SEC. 9.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.
(2)This subdivision shall apply to the following offenses:
(A)Section 220, except assault to commit mayhem.
(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.
(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.
(E)Subdivision (b), (d), (e), or (i) of Section 289.
(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.
(B)Section 266, provided that the offense is a felony.
(C)Section 266c, provided that the offense is a felony.
(D)Section 266j.
(E)Section 267.
(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.
(G)Section 288.3, provided that the offense is a misdemeanor.
(H)Section 288.4, provided that the offense is a misdemeanor.
(I)Section 626.81.
(J)Section 647.6.
(K)Section 653c.
(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.
(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.
(2)This subdivision shall apply to the following offenses:
(A)A felony violation of subdivision (a) of Section 243.4.
(B)Section 647.6, if the offense is a misdemeanor.
(C)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.
(D)(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(iii)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(iv)For the purposes of this subparagraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(3)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(4)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.
(f)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.
(g)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).
(h)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(k)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(n)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(p)This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 10.Section 290.46 is added to the Penal Code, to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2), or who is a tier three offender as described in paragraph (3) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a), except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. The department shall also make available to the public via the Internet Web site his or her static SARATSO risk level, if any, and information on an elevated risk level based on the SARATSO future violence tool. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision, may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(V)A tier three offender, as described in paragraph (3) of subdivision (d) of Section 290.
(c)(1)With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2) of subdivision (d) of Section 290 and who is a tier two offender, and with respect to a person who has been convicted of the commission or the attempted commission of Section 647.6, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides, except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)Any registrant whose information was not included on the public Internet Web site on January 1, 2022, and who is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290 may have the information described in this subdivision made available to the public via the public Internet Web site.
(d)(1)(A)An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site if he or she demonstrates that the persons only registerable offense is either of the following:
(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(B)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(C)For the purposes of this paragraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(2)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(3)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of average, below average, or very low as determined by the Coding Rules for the SARATSO static risk assessment instrument.
(e)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2), provided that the information about that person is also displayed on the Department of Justices Megans Law Internet Web site.
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning the current risk posed by a specific offender, including his or her risk of sexual or violent reoffense, as indicated by the persons SARATSO static, dynamic, and violence risk levels, as described in Section 290.04, if available.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b).
(f)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(g)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(h)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(i)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(j)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(k)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(l)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(m)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(n)This section shall become operative on January 1, 2022.
SEC. 11.Section 290.5 of the Penal Code is amended to read:290.5.(a)(1)A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.
(2)A person required to register under Section 290, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall not be relieved of the duty to register under Section 290, or of the duty to register under Section 290 for any offense subject to that section of which he or she is convicted in the future, if his or her conviction is for one of the following offenses:
(A)Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(B)Section 220, except assault to commit mayhem.
(C)Section 243.4, provided that the offense is a felony.
(D)Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 266, provided that the offense is a felony.
(G)Section 266c, provided that the offense is a felony.
(H)Section 266j.
(I)Section 267.
(J)Section 269.
(K)Paragraph (1) of subdivision (b) of Section 286, provided that the offense is a felony.
(L)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.
(M)Section 288.
(N)Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony.
(O)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a.
(P)Section 288.5.
(Q)Section 288.7.
(R)Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289, provided that the offense is a felony.
(S)Subdivision (i) or (j) of Section 289.
(T)Section 647.6.
(U)The attempted commission of any of the offenses specified in this paragraph.
(V)The statutory predecessor of any of the offenses specified in this paragraph.
(W)Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.
(b)(1)Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.
(2)This subdivision does not apply to misdemeanor violations of Section 647.6.
(3)The court, upon granting a petition for a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, if the petition was granted prior to January 1, 1998, may relieve a person of the duty to register under Section 290 for a violation of Section 288 or 288.5, provided that the person was granted probation pursuant to subdivision (d) of Section 1203.066, has complied with the provisions of Section 290 for a continuous period of at least 10 years immediately preceding the filing of the petition, and has not been convicted of a felony during that period.
(c)This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
SEC. 12.Section 290.5 is added to the Penal Code, to read:290.5.(a)(1)A person who is required to register pursuant to Section 290 and who is a tier one or tier two offender may file a petition in the superior court in the county in which he or she is registered for termination from the sex offender registry at the expiration of his or her mandated minimum registration period, or if the person is required to register pursuant to Section 290.008, he or she may file the petition in juvenile court on or after his or her birthday following the expiration of the mandated minimum registration period. The petition shall contain proof of the persons current registration as a sex offender.
(2)The petition shall be served on the registering law enforcement agency and the district attorney in the county where the petition is filed and on the law enforcement agency and the district attorney of the county of conviction of a registerable offense if different than the county where the petition is filed. The registering law enforcement agency and the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed shall, within 60 days of receipt of the petition, report to the district attorney and the superior or juvenile court in which the petition is filed regarding whether the person has met the requirements for termination pursuant to subdivision (e) of Section 290. If an offense which may require registration pursuant to Section 290.005 is identified by the registering law enforcement agency which has not previously been assessed by the Department of Justice, the registering law enforcement agency shall refer that conviction to the department for assessment and determination of whether the conviction changes the tier designation assigned by the department to the offender. If the newly discovered offense changes the tier designation for that person, the department shall change the tier designation pursuant to subdivision (d) of Section 290 within three months of receipt of the request by the registering law enforcement agency and notify the registering law enforcement agency. If more time is required to obtain the documents needed to make the assessment, the department shall notify the registering law enforcement agency of the reason that an extension of time is necessary to complete the tier designation. The registering law enforcement agency shall report to the district attorney and the court that the department has requested an extension of time to determine the persons tier designation based on the newly discovered offense, the reason for the request, and the estimated time needed to complete the tier designation. The district attorney in the county where the petition is filed may, within 60 days of receipt of the report from either the registering law enforcement agency, the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed, or the district attorney of the county of conviction of a registerable offense, request a hearing on the petition if the petitioner has not fulfilled the requirement described in subdivision (e) of Section 290, or if community safety would be significantly enhanced by the persons continued registration. If no hearing is requested, the petition for termination shall be granted if the court finds the required proof of current registration is presented in the petition, provided that the registering agency reported that the person met the requirement for termination pursuant to subdivision (e) of Section 290, there are no pending charges against the person which could extend the time to complete the registration requirements of the tier or change the persons tier status, and the person is not in custody or on parole, probation, or supervised release.
(3)If the district attorney requests a hearing, he or she shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature and facts of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available. Any judicial determination made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is reliable, material, and relevant.
(4)If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination, which shall be at least one year from the date of the denial, but not to exceed five years, based on facts presented at the hearing. The court shall state on the record the reason for its determination setting the time period after which the person may repetition.
(5)The court shall notify the Department of Justice, California Sex Offender Registry, when a petition for termination from the registry is granted or denied. If the petition is denied, the court shall also notify the Department of Justice, California Sex Offender Registry, of the time period after which the person can file a new petition for termination.
(b)(1)A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 14 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1.
(2)A tier two offender described in paragraph (1) of subdivision (b) may file a petition with the superior court for termination from the registry only if he or she has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and has registered for 10 years pursuant to subdivision (e) of Section 290. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not repetition for termination for at least one year.
(3)A person required to register as a tier three offender based solely on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, may petition the court for termination from the registry after 20 years from release from custody on the registerable offense, if the person (A) has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and (B) has registered for 20 years pursuant to subdivision (e) of Section 290; except that a person required to register for a conviction pursuant to Section 288 or an offense listed in subdivision (c) of Section 1192.7 who is a tier three offender based on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, shall not be permitted to petition for removal from the registry. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not re-petition for termination for at least three years.
(c)This section shall become operative on July 1, 2021.
SEC. 13.Section 4852.03 of the Penal Code is amended to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Section 290, except that in the case of a person convicted of a violation of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314, an additional two years.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall remain in effect only until January 1, July 1, 2021, and as of that date is repealed.
SEC. 14.Section 4852.03 is added to the Penal Code, to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)(A)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Sections 290 to 290.024, inclusive.
(B)A certificate of rehabilitation issued on or after January 1, July 1, 2021, does not relieve a person of the obligation to register as a sex offender unless the person obtains relief granted under Section 290.5.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall become operative on January 1, July 1, 2021.
SEC. 15.Section 9002 of the Penal Code is amended to read:9002.(a)The board shall address any issues, concerns, and problems related to the community management of sex offenders. The main objective of the board, which shall be used to guide the board in prioritizing resources and use of time, is to achieve safer communities by reducing victimization.
(b)The board shall conduct public hearings, as it deems necessary, to provide opportunities for gathering information and receiving input regarding the work of the board from concerned stakeholders and the public.
(c)The members of the board shall be immune from liability for good faith conduct under this chapter.
SEC. 16.Section 13125 of the Penal Code is amended to read:13125.All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements:
The following personal identification data: |
Name(full name) |
Aliases |
Monikers |
Race |
Sex |
Date of birth |
Place of birth (state or country) |
Height |
Weight |
Hair color |
Eye color |
CII number |
FBI number |
Social security number |
California operators license number |
Fingerprint classification number |
Henry |
NCIC |
Address |
The following arrest data: |
Arresting agency |
Booking number |
Date of arrest |
Offenses charged |
Statute citations |
Literal descriptions |
Police disposition |
Released |
Cited and released |
Turned over to |
Complaint filed |
The following misdemeanor or infraction data or preliminary |
County and court name |
Date complaint filed |
Original offenses charged in a complaint |
Held to answer |
Certified plea |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
Convicted |
Plea |
Court trial |
Jury trial |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
The following superior court data: |
County |
Date complaint filed |
Type of proceeding |
Indictment |
Information |
Certification |
Original offenses charged in
indictment or |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
On transcript |
Convictedfelony, misdemeanor |
Plea |
Court trial |
Jury trial |
On transcript |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
Source of reopened cases |
The following corrections data: |
Adult probation |
County |
Type of court |
Court number |
Offense |
Date on probation |
Date removed |
Reason for removal |
Jail (unsentenced prisoners only) |
Offenses charged |
Name of jail or institution |
Date received |
Date released |
Reason for release |
Bail on own recognizance |
Bail |
Other |
Committing agency |
County jail (sentenced prisoners only) |
Name of jail, camp, or other |
Convicted offense |
Sentence |
Sentence enhancement data elements |
Date received |
Date released |
Reason for release |
Committing agency |
Division of Juvenile Justice |
County |
Type of court |
Court number |
Division of Juvenile Justice number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Department of Corrections and Rehabilitation |
County |
Type of court |
Court number |
Department of Corrections and Rehabilitation number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Mentally disordered sex offenders |
County |
Hospital number |
Date received |
Date discharged |
Recommendation |
(a)(1)Section 1.5 of this bill incorporates amendments to Section 290 of the Penal Code proposed by both this bill and Assembly Bill 484. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 290 of the Penal Code, and (3) this bill is enacted after Assembly Bill 484, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates changes made to Section 290 of the Penal Code proposed by both this bill and Assembly Bill 484. That section of this bill shall only become operative if (1) both bills are enacted, without regard to the order of enactment, and become effective on or before January 1, 2018, (2) each bill amends Section 290 of the Penal Code, (3) and this bill adds Section 290 to the Penal Code, in which case Section 2 of this bill shall not become operative.
(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the rest of his or her life while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall be required to register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall be required to register thereafter in accordance with the Act.
(c)The following persons shall be required to register:
Any person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) and (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the above-mentioned offenses; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the above-mentioned offenses.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 2.Section 290 is added to the Penal Code, to read:290.(a)Sections 290 to 290.024, inclusive, shall be known and may be cited as the Sex Offender Registration Act. All references to the Act in those sections are to the Sex Offender Registration Act.
(b)Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which he or she is residing, or the sheriff of the county if he or she is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is residing upon the campus or in any of its facilities, within five working days of coming into, or changing his or her residence within, any city, county, or city and county, or campus in which he or she temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(c)The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d)A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(1)(A)A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(B)This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3).
(2)(A)A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (f), (g), (h), or (i) of Section 286, subdivision (c) of Section 288, subdivision (f), (g), (h), or (i) of Section 288a, subdivision (b), (d), or (e) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately.
(B)This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3).
(3)A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies:
(A)Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5.
(B)The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(C)The person was convicted of violating any of the following:
(i)Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 288, 288a, or 289.
(ii)Section 207 or 209 with intent to violate Section 261, 286, 288, 288a, or 289.
(iii)Section 220.
(iv)Subdivision (b) of Section 266h.
(v)Subdivision (b) of Section 266i.
(vi)Section 266j.
(vii)Section 267.
(viii)Section 269.
(ix)Subdivision (b) or (c) of Section 288.
(x)Section 288.2.
(xi)Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 288a, or subdivision (h) or (i) of Section 289.
(xii)Section 288.4.
(xiii)Section 288.5.
(xiv)Section 288.7.
(xv)Subdivision (c) of Section 653f.
(xvi)Any offense for which the person is sentenced to a life term pursuant to Section 667.61.
(D)The persons risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(E)The person is a habitual sex offender pursuant to Section 667.71.
(F)The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately.
(G)The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61.
(H)The person is required to register pursuant to Section 290.004.
(I)The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1.
(J)The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4.
(K)The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264.
(L)The person was convicted of violating paragraph (1) of subdivision (a) of Section 262.
(M)The person was convicted of violating Section 264.1.
(N)The person was convicted of any offense involving lewd or lascivious conduct under Section 272.
(O)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286.
(P)The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 288a.
(Q)The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289.
(R)The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10.
(4)(A)A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c).
(B)If the persons duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies:
(i)The persons risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument.
(ii)The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7.
(iii)The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code.
(5)(A)The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if his or her appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit for any period for which he or she registers towards his or her mandated minimum registration period.
(B)The Department of Justice shall ascertain an individuals appropriate tier designation as described in this subdivision within 24 months of his or her placement in the tier-to-be-determined category.
(e)The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that persons release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
(f)Nothing in this section shall be construed to require a ward of the juvenile court to register under the Act, except as provided in Section 290.008.
(g)This section shall become operative on January 1, 2021.
SEC. 3.Section 290.006 of the Penal Code is amended to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 4.Section 290.006 is added to the Penal Code, to read:290.006.(a)Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.
(b)The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding.
(c)In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following:
(1)The nature of the registerable offense.
(2)The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours.
(3)The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense.
(4)Whether the person has previously been arrested for, or convicted of, a sexually motivated offense.
(5)The persons current risk of sexual or violent reoffense, including the persons risk level on the SARATSO static risk assessment instrument, and, if available from past supervision for a sexual offense, the persons risk level on the SARATSO dynamic and violence risk assessment instruments.
(d)This section shall become operative on January 1, 2021.
SEC. 5.Section 290.008 of the Penal Code is amended to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(e)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(f)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 6.Section 290.008 is added to the Penal Code, to read:290.008.(a)Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which he or she was committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law.
(b)Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which he or she was committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act.
(c)Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act:
(1)Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220.
(2)Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 288a, subdivision (a) of Section 289, or Section 647.6.
(3)A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(d)(1)A tier one juvenile offender is subject to registration for a minimum of five years. A person is a tier one juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(2)A tier two juvenile offender is subject to registration for a minimum of 10 years. A person is a tier two juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.
(3)A person who is required to register as a sex offender pursuant to this section may file a petition for termination from the sex offender registry in the juvenile court in the county in which he or she is registered at the expiration of his or her mandated minimum registration period, pursuant to Section 290.5.
(e)Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice.
(f)All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has his or her records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code.
(g)This section shall become operative on January 1, 2021.
SEC. 7.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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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.
(i)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 8.Section 290.45 is added to the Penal Code, 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 persons current risk of sexual or violent reoffense, including, but not limited to, the persons static, dynamic, and violence risk levels on the SARATSO risk tools described in subdivision (f) of Section 290.04.
(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 persons arrest.
(b)Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offenders 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 offenders 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, a district attorney, the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, 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 each 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.
(i)This section shall become operative on January 1, 2021.
SEC. 9.Section 290.46 of the Penal Code is amended to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), (c), or (d), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
(iii)Whether he or she was subsequently incarcerated for any other felony, if that fact is reported to the department. If the department has no information about a subsequent incarceration for any felony, that fact shall be noted on the Internet Web site.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before January 1, 2013, the department shall make available to the public via the Internet Web site his or her static SARATSO score and information on an elevated risk level based on the SARATSO future violence tool.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(c)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). On or before July 1, 2006, the Department of Justice shall determine whether any person convicted of an offense listed in paragraph (2) also has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290, and, for those persons, the Department of Justice shall make available to the public via the Internet Web site the address at which the person resides. However, the address at which the person resides shall not be disclosed until a determination is made that the person is, by virtue of his or her additional prior or subsequent conviction of an offense listed in subdivision (c) of Section 290, subject to this subdivision.
(2)This subdivision shall apply to the following offenses:
(A)Section 220, except assault to commit mayhem.
(B)Paragraph (1), (3), or (4) of subdivision (a) of Section 261.
(C)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 286.
(D)Paragraph (2) of subdivision (b), or subdivision (f), (g), or (i), of Section 288a.
(E)Subdivision (b), (d), (e), or (i) of Section 289.
(d)(1)On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, this subdivision, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Subdivision (a) of Section 243.4, provided that the offense is a felony.
(B)Section 266, provided that the offense is a felony.
(C)Section 266c, provided that the offense is a felony.
(D)Section 266j.
(E)Section 267.
(F)Subdivision (c) of Section 288, provided that the offense is a misdemeanor.
(G)Section 288.3, provided that the offense is a misdemeanor.
(H)Section 288.4, provided that the offense is a misdemeanor.
(I)Section 626.81.
(J)Section 647.6.
(K)Section 653c.
(L)Any person required to register pursuant to Section 290 based upon an out-of-state conviction, unless that person is excluded from the Internet Web site pursuant to subdivision (e). However, if the Department of Justice has determined that the out-of-state crime, if committed or attempted in this state, would have been punishable in this state as a crime described in subdivision (c) of Section 290, the person shall be placed on the Internet Web site as provided in subdivision (b) or (c), as applicable to the crime.
(e)(1)If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law.
(2)This subdivision shall apply to the following offenses:
(A)A felony violation of subdivision (a) of Section 243.4.
(B)Section 647.6, if the offense is a misdemeanor.
(C)A felony violation of Section 311.1, subdivision (b), (c), or (d) of Section 311.2, or Section 311.3, 311.4, 311.10, or 311.11 if the person submits to the department a certified copy of a probation report filed in court that clearly states that all victims involved in the commission of the offense were at least 16 years of age or older at the time of the commission of the offense.
(D)(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(iii)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(iv)For the purposes of this subparagraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(3)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(4)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of low or moderate-low.
(f)The Department of Justice shall make a reasonable effort to provide notification to persons who have been convicted of the commission or attempted commission of an offense specified in subdivision (b), (c), or (d), that on or before July 1, 2005, the department is required to make information about specified sex offenders available to the public via an Internet Web site as specified in this section. The Department of Justice shall also make a reasonable effort to provide notice that some offenders are eligible to apply for exclusion from the Internet Web site.
(g)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2).
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning that specific offender.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b) or (c).
(h)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(i)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(j)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(k)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(l)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(m)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(n)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(o)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(p)This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 10.Section 290.46 is added to the Penal Code, to read:290.46.(a)(1)On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the persons employer and the listed persons criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the department.
(2)(A)On or before July 1, 2010, the Department of Justice shall make available to the public, via an Internet Web site as specified in this section, as to any person described in subdivision (b), the following information:
(i)The year of conviction of his or her most recent offense requiring registration pursuant to Section 290.
(ii)The year he or she was released from incarceration for that offense.
However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony.
(B)(i)Any state facility that releases from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department.
(ii)Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall, within 30 days of release, advise the Department of Justice of that fact.
(iii)Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which he or she is required to register as a sex offender pursuant to Section 290 shall provide the year of release for his or her most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(iv)Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which he or she is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format.
(3)The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release.
(b)(1) With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2), or who is a tier three offender as described in paragraph (3) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a), except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. The department shall also make available to the public via the Internet Web site his or her static SARATSO risk level, if any, and information on an elevated risk level based on the SARATSO future violence tool. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision, may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)This subdivision shall apply to the following offenses and offenders:
(A)Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289.
(B)Section 207 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(C)Section 209 committed with intent to violate Section 261, 286, 288, 288a, or 289.
(D)Paragraph (2) or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 269.
(G)Subdivision (c) or (d) of Section 286.
(H)Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.
(I)Subdivision (c) or (d) of Section 288a.
(J)Section 288.3, provided that the offense is a felony.
(K)Section 288.4, provided that the offense is a felony.
(L)Section 288.5.
(M)Subdivision (a) or (j) of Section 289.
(N)Section 288.7.
(O)Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code.
(P)A felony violation of Section 311.1.
(Q)A felony violation of subdivision (b), (c), or (d) of Section 311.2.
(R)A felony violation of Section 311.3.
(S)A felony violation of subdivision (a), (b), or (c) of Section 311.4.
(T)Section 311.10.
(U)A felony violation of Section 311.11.
(V)A tier three offender, as described in paragraph (3) of subdivision (d) of Section 290.
(c)(1)With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2) of subdivision (d) of Section 290 and who is a tier two offender, and with respect to a person who has been convicted of the commission or the attempted commission of Section 647.6, the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides, except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
(2)Any registrant whose information was not included on the public Internet Web site on January 1, 2022, and who is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290 may have the information described in this subdivision made available to the public via the public Internet Web site.
(d)(1)(A)An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the Internet Web site if he or she demonstrates that the persons only registerable offense is either of the following:
(i)An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(ii)An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victims parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object.
(B)If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated.
(C)For the purposes of this paragraph, successfully completed probation means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison.
(2)If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section.
(3)Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that he or she has a SARATSO risk level of average, below average, or very low as determined by the Coding Rules for the SARATSO static risk assessment instrument.
(e)(1)A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in paragraph (2), provided that the information about that person is also displayed on the Department of Justices Megans Law Internet Web site.
(2)The law enforcement entity may make available by way of an Internet Web site the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entitys Internet Web site is necessary to ensure the public safety based upon information available to the entity concerning the current risk posed by a specific offender, including his or her risk of sexual or violent reoffense, as indicated by the persons SARATSO static, dynamic, and violence risk levels, as described in Section 290.04, if available.
(3)The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offenders address may not be disclosed unless he or she is a person whose address is on the Department of Justices Internet Web site pursuant to subdivision (b).
(f)For purposes of this section, offense includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290.
(g)Notwithstanding Section 6254.5 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Chapter 3.5 (commencing with Section 6250) of Title 1 of Division 7 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.
(h)(1)Any 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 ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).
(2)Any 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.
(i)Any person who is required to register pursuant to Section 290 who enters an Internet Web site established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment.
(j)(1)A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.
(2)Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:
(A)Health insurance.
(B)Insurance.
(C)Loans.
(D)Credit.
(E)Employment.
(F)Education, scholarships, or fellowships.
(G)Housing or accommodations.
(H)Benefits, privileges, or services provided by any business establishment.
(3)This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code.
(4)(A)Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorneys fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).
(B)Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an Internet Web site established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.
(k)The public notification provisions of this section are applicable to every person described in this section, 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 this section, regardless of when it was committed.
(l)A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section.
(m)The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this Internet Web site, and any other resource that promotes public education about these offenders.
(n)This section shall become operative on January 1, 2022.
SEC. 11.Section 290.5 of the Penal Code is amended to read:290.5.(a)(1)A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.
(2)A person required to register under Section 290, upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall not be relieved of the duty to register under Section 290, or of the duty to register under Section 290 for any offense subject to that section of which he or she is convicted in the future, if his or her conviction is for one of the following offenses:
(A)Section 207 or 209 committed with the intent to violate Section 261, 286, 288, 288a, or 289.
(B)Section 220, except assault to commit mayhem.
(C)Section 243.4, provided that the offense is a felony.
(D)Paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261.
(E)Section 264.1.
(F)Section 266, provided that the offense is a felony.
(G)Section 266c, provided that the offense is a felony.
(H)Section 266j.
(I)Section 267.
(J)Section 269.
(K)Paragraph (1) of subdivision (b) of Section 286, provided that the offense is a felony.
(L)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 286.
(M)Section 288.
(N)Paragraph (1) of subdivision (b) of Section 288a, provided that the offense is a felony.
(O)Paragraph (2) of subdivision (b) of, or subdivision (c), (d), (f), (g), (i), (j), or (k) of, Section 288a.
(P)Section 288.5.
(Q)Section 288.7.
(R)Subdivision (a), (b), (d), (e), (f), (g), or (h) of Section 289, provided that the offense is a felony.
(S)Subdivision (i) or (j) of Section 289.
(T)Section 647.6.
(U)The attempted commission of any of the offenses specified in this paragraph.
(V)The statutory predecessor of any of the offenses specified in this paragraph.
(W)Any offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this paragraph.
(b)(1)Except as provided in paragraphs (2) and (3), a person described in paragraph (2) of subdivision (a) shall not be relieved of the duty to register until that person has obtained a full pardon as provided in Chapter 1 (commencing with Section 4800) or Chapter 3 (commencing with Section 4850) of Title 6 of Part 3.
(2)This subdivision does not apply to misdemeanor violations of Section 647.6.
(3)The court, upon granting a petition for a certificate of rehabilitation pursuant to Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, if the petition was granted prior to January 1, 1998, may relieve a person of the duty to register under Section 290 for a violation of Section 288 or 288.5, provided that the person was granted probation pursuant to subdivision (d) of Section 1203.066, has complied with the provisions of Section 290 for a continuous period of at least 10 years immediately preceding the filing of the petition, and has not been convicted of a felony during that period.
(c)This section shall remain in effect only until July 1, 2021, and as of that date is repealed.
SEC. 12.Section 290.5 is added to the Penal Code, to read:290.5.(a)(1)A person who is required to register pursuant to Section 290 and who is a tier one or tier two offender may file a petition in the superior court in the county in which he or she is registered for termination from the sex offender registry at the expiration of his or her mandated minimum registration period, or if the person is required to register pursuant to Section 290.008, he or she may file the petition in juvenile court on or after his or her birthday following the expiration of the mandated minimum registration period. The petition shall contain proof of the persons current registration as a sex offender.
(2)The petition shall be served on the registering law enforcement agency and the district attorney in the county where the petition is filed and on the law enforcement agency and the district attorney of the county of conviction of a registerable offense if different than the county where the petition is filed. The registering law enforcement agency and the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed shall, within 60 days of receipt of the petition, report to the district attorney and the superior or juvenile court in which the petition is filed regarding whether the person has met the requirements for termination pursuant to subdivision (e) of Section 290. If an offense which may require registration pursuant to Section 290.005 is identified by the registering law enforcement agency which has not previously been assessed by the Department of Justice, the registering law enforcement agency shall refer that conviction to the department for assessment and determination of whether the conviction changes the tier designation assigned by the department to the offender. If the newly discovered offense changes the tier designation for that person, the department shall change the tier designation pursuant to subdivision (d) of Section 290 within three months of receipt of the request by the registering law enforcement agency and notify the registering law enforcement agency. If more time is required to obtain the documents needed to make the assessment, the department shall notify the registering law enforcement agency of the reason that an extension of time is necessary to complete the tier designation. The registering law enforcement agency shall report to the district attorney and the court that the department has requested an extension of time to determine the persons tier designation based on the newly discovered offense, the reason for the request, and the estimated time needed to complete the tier designation. The district attorney in the county where the petition is filed may, within 60 days of receipt of the report from either the registering law enforcement agency, the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed, or the district attorney of the county of conviction of a registerable offense, request a hearing on the petition if the petitioner has not fulfilled the requirement described in subdivision (e) of Section 290, or if community safety would be significantly enhanced by the persons continued registration. If no hearing is requested, the petition for termination shall be granted if the court finds the required proof of current registration is presented in the petition, provided that the registering agency reported that the person met the requirement for termination pursuant to subdivision (e) of Section 290, there are no pending charges against the person which could extend the time to complete the registration requirements of the tier or change the persons tier status, and the person is not in custody or on parole, probation, or supervised release.
(3)If the district attorney requests a hearing, he or she shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature and facts of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available. Any judicial determination made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is reliable, material, and relevant.
(4)If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination, which shall be at least one year from the date of the denial, but not to exceed five years, based on facts presented at the hearing. The court shall state on the record the reason for its determination setting the time period after which the person may repetition.
(5)The court shall notify the Department of Justice, California Sex Offender Registry, when a petition for termination from the registry is granted or denied. If the petition is denied, the court shall also notify the Department of Justice, California Sex Offender Registry, of the time period after which the person can file a new petition for termination.
(b)(1)A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 14 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1.
(2)A tier two offender described in paragraph (1) of subdivision (b) may file a petition with the superior court for termination from the registry only if he or she has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and has registered for 10 years pursuant to subdivision (e) of Section 290. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not repetition for termination for at least one year.
(3)A person required to register as a tier three offender based solely on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, may petition the court for termination from the registry after 20 years from release from custody on the registerable offense, if the person (A) has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and (B) has registered for 20 years pursuant to subdivision (e) of Section 290; except that a person required to register for a conviction pursuant to Section 288 or an offense listed in subdivision (c) of Section 1192.7 who is a tier three offender based on his or her risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, shall not be permitted to petition for removal from the registry. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the persons current risk of sexual or violent reoffense, including the persons risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not re-petition for termination for at least three years.
(c)This section shall become operative on July 1, 2021.
SEC. 13.Section 4852.03 of the Penal Code is amended to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Section 290, except that in the case of a person convicted of a violation of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314, an additional two years.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall remain in effect only until January 1, 2021, and as of that date is repealed.
SEC. 14.Section 4852.03 is added to the Penal Code, to read:4852.03.(a)The period of rehabilitation commences upon the discharge of the petitioner from custody due to his or her completion of the term to which he or she was sentenced or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation, whichever is sooner. For purposes of this chapter, the period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
(1)An additional four years in the case of a person convicted of violating Section 187, 209, 219, 4500, or 18755 of this code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2)(A)An additional five years in the case of a person convicted of committing an offense or attempted offense for which sex offender registration is required pursuant to Sections 290 to 290.024, inclusive.
(B)A certificate of rehabilitation issued on or after January 1, 2021, does not relieve a person of the obligation to register as a sex offender unless the person obtains relief granted under Section 290.5.
(3)An additional two years in the case of a person convicted of committing an offense that is not listed in paragraph (1) or (2) and that does not carry a life sentence.
(4)The trial court hearing the application for the certificate of rehabilitation may, if the defendant was ordered to serve consecutive sentences, order that the statutory period of rehabilitation be extended for an additional period of time which when combined with the time already served will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes.
(b)Unless and until the period of rehabilitation required by subdivision (a) has passed, the petitioner shall be ineligible to file his or her petition for a certificate of rehabilitation with the court. A certificate of rehabilitation that is issued and under which the petitioner has not fulfilled the requirements of this chapter shall be void.
(c)A change of residence within this state does not interrupt the period of rehabilitation prescribed by this section.
(d)This section shall become operative on January 1, 2021.
SEC. 15.Section 9002 of the Penal Code is amended to read:9002.(a)The board shall address any issues, concerns, and problems related to the community management of adult sex offenders. The main objective of the board, which shall be used to guide the board in prioritizing resources and use of time, is to achieve safer communities by reducing victimization.
(b)The board shall conduct public hearings, as it deems necessary, to provide opportunities for gathering information and receiving input regarding the work of the board from concerned stakeholders and the public.
(c)The members of the board shall be immune from liability for good faith conduct under this chapter.
SEC. 16.Section 13125 of the Penal Code is amended to read:13125.All basic information stored in state or local criminal offender record information systems shall be recorded, when applicable and available, in the form of the following standard data elements:
The following personal identification data: |
Name(full name) |
Aliases |
Monikers |
Race |
Sex |
Date of birth |
Place of birth (state or country) |
Height |
Weight |
Hair color |
Eye color |
CII number |
FBI number |
Social security number |
California operators operators license number |
Fingerprint classification number |
Henry |
NCIC |
Address |
The following arrest data: |
Arresting agency |
Booking number |
Date of arrest |
Offenses charged |
Statute citations |
Literal descriptions |
Police disposition |
Released |
Cited and released |
Turned over to |
Complaint filed |
The following misdemeanor or infraction data or preliminary |
County and court name |
Date complaint filed |
Original offenses charged in a complaint |
Held to answer |
Certified plea |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
Convicted |
Plea |
Court trial |
Jury trial |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
The following superior court data: |
County |
Date complaint filed |
Type of proceeding |
Indictment |
Information |
Certification |
Original offenses charged in indictment or |
Disposition |
Not convicted |
Dismissed |
Acquitted |
Court trial |
Jury trial |
On transcript |
Convictedfelony, misdemeanor |
Plea |
Court trial |
Jury trial |
On transcript |
Date of disposition |
Convicted offenses |
Sentence |
Sentence enhancement data elements |
Proceedings suspended |
Reason suspended |
Source of reopened cases |
The following corrections data: |
Adult probation |
County |
Type of court |
Court number |
Offense |
Date on probation |
Date removed |
Reason for removal |
Jail (unsentenced prisoners only) |
Offenses charged |
Name of jail or institution |
Date received |
Date released |
Reason for release |
Bail on own recognizance |
Bail |
Other |
Committing agency |
County jail (sentenced prisoners only) |
Name of jail, camp, or other |
Convicted offense |
Sentence |
Sentence enhancement data elements |
Date received |
Date released |
Reason for release |
Committing agency |
| Youth Authority Division of Juvenile Justice |
County |
Type of court |
Court number |
Youth Authority Division of Juvenile Justice number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Department of Corrections and Rehabilitation |
County |
Type of court |
Court number |
Department of Corrections and Rehabilitation number |
Date received |
Convicted offense |
Type of receipt |
Original commitment |
Parole violator |
Date released |
Type of release |
Custody |
Supervision |
Date terminated |
Mentally disordered sex offenders |
County |
Hospital number |
Date received |
Date discharged |
Recommendation |
(a)On or before April 1, 2018, the department shall convene and appoint members to an Extended Hours for Alcohol Sales Task Force to review and advise the Legislature, as provided in subdivision (d), regarding the community, fiscal, and health impact of extending the hours of alcohol sales to 4 a.m.
(b)The membership of the Extended Hours for Alcohol Sales Task Force shall be as follows:
(1)Three members from law enforcement, including one representative from the Department of the California Highway Patrol, one representative from the chiefs of police, and one representative from county sheriffs.
(2)One representative from the State Department of Public Health and one local health officer.
(3)One representative from the restaurant, bar, or tourism industry.
(4)One representative from an organization that aims to reduce alcohol abuse or reduce the prevalence of drunk driving.
(5)One representative from a college or university who has been determined by the director to understand the impact of extended hours of alcohol sales on campus life or on the student population.
(6)One representative from a neighborhood association or community planning group.
(7)One representative from an employee organization that represents employees in the restaurant, bar, or tourism industry and one representative from an employee organization that represents the departments enforcement employees.
(8)One representative from an organization that represents California cities and one representative from an organization that represents California counties.
(9)One representative from a local transit agency and one representative from the Department of Transportation.
(c)The director shall consider geographic diversity when appointing members to the Extended Hours for Alcohol Sales Task Force.
(d)(1)Until December 1, 2019, the Extended Hours for Alcohol Sales Task Force shall meet at least once per quarter and, on or before that date, shall release a report to the Legislature that makes recommendations on how to mitigate any potential adverse community, fiscal, health, or safety impacts associated with extending the sale of alcohol to 4 a.m. The report to the Legislature shall include all of the following:
(A)A discussion of the potential public health and public safety effects of extended hours and recommendations for state and local policies that may help mitigate any harmful public health or public safety impacts identified, if applicable.
(B)A discussion of the potential direct and indirect fiscal costs for state and local governments, including on state and local enforcement costs, public transportation costs, and any other identified costs associated with accommodating extended hours of sale, and recommendations on state and local policies that may mitigate these direct and indirect fiscal costs, if applicable.
(C)A discussion of the potential impacts identified in subparagraphs (A) and (B) for local jurisdictions that do not allow extended hours of sale but are located near local jurisdictions that have approved extended hours of sale.
(2)The report shall be submitted in compliance with Section 9795 of the Government Code.
SECTION 1.The Legislature finds and declares all of the following:(a)It is the policy of the state to promote the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate. (b)At least 15 states across the country delegate complete or partial authority for setting service hours to local jurisdictions or allow local jurisdictions to extend the hours of service, subject to state approval.(c)The Legislature supports a well-planned and managed nightlife that can have a profound positive impact on a local economy, generating direct tax revenues, and growing public funds through revitalized business districts, and increased tourism.(d)The Legislature supports the world-renowned California licensed restaurant, venue, and entertainment industry, which generates more than $50 billion every year in consumer spending in California communities on jobs, goods and services, and related industries, and that attracts world-class acts as well as tourists to visit and enjoy California.(e)The Legislature has determined that it is in the best interest of the State of California for extended hours of operation policies to be administered by the Department of Alcoholic Beverage Control in connection with applications for additional hour privileges, with the fees for those applications to be determined and assessed by the department at a rate that will fully reimburse the department for administrative expenses.SEC. 2.Section 25631 of the Business and Professions Code is amended to read:25631.(a)(1)Except as provided in subdivision (b), any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 a.m. means two hours after midnight of the day preceding the day such change occurs.(b)(1)Beginning January 1, 2020, and before January 1, 2025, in a city, county, or city and county that has additional serving hours pursuant to Section 25634, any on-sale licensee, or agent or employee of the licensee, who sells or gives to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 4 a.m. means four hours after 12 midnight of the day preceding the day the change occurs. (c)This section shall remain in effect only until December 31, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before December 31, 2024, deletes or extends that date.SEC. 3.Section 25631 is added to the Business and Professions Code, to read:25631.(a)Any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 oclock a.m. and 6 oclock a.m. of the same day, is guilty of a misdemeanor.For the purposes of this section, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 oclock a.m. means two hours after midnight of the day preceding the day such change occurs. (b)This section shall be operative January 1, 2025.SEC. 4.Section 25634 is added to the Business and Professions Code, to read:25634.(a)Beginning January 1, 2020, notwithstanding Section 25631, the department may issue an additional hours license that would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county does the following:(1)Designates a task force comprised of members, including at least one member of law enforcement and one additional member of the California Highway Patrol, to develop a local plan that meets all of the following requirements:(A)Shows that the public convenience or necessity will be served by the additional hours.(B)Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.(C)Shows that residents and businesses within the additional hours service area support the additional hours, pursuant to a determination by the local governing body.(D)Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body. The assessment shall include crime statistics, data derived from police reports, emergency medical response data, sanitation reports, and public health reports related to the additional hours service area.(E)Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.(F)Includes programs to increase public awareness of the transportation services available and unavailable in the additional hours service area and the impacts of alcohol consumption.(2)Based upon its independent assessment, adopts an ordinance that satisfies the elements of the local plan, including the requirements of subparagraphs (A) to (F), inclusive, of paragraph (1), and submits the ordinance to the department.(b)Upon receipt of an ordinance adopted pursuant to paragraph (2) of subdivision (a), including documentation regarding protests to the ordinance, the department shall review the ordinance to ensure compliance with paragraph (1) of subdivision (a) and existing law.(c)(1)An on-sale licensee shall not apply for an additional hours license pursuant to this section until the department has received the ordinance adopted pursuant to paragraph (2) of subdivision (a).(2)An on-sale licensee that has conditions on the license that restrict the hours of sale, service, or consumption of alcohol to a time earlier than 2 a.m. shall not be eligible for an additional hours license authorizing the sale, service, or consumption of alcoholic beverages after 2 a.m. for any day or days of the week during which a restriction exists.(3)An on-sale licensee issued an additional hours permit pursuant to this section shall require that all persons engaged in the sale or service of alcohol during the additional hours period complete a responsible beverage training course.(4)Notwithstanding Section 23401, off-sale privileges shall not be exercised during the additional hours period allowed pursuant to the additional hours license.(5)An additional hours license is not transferable between on-sale licensed premises.(d)(1)Upon receipt of an application by an on-sale licensee for an additional hours license pursuant to this section, the department shall make a thorough investigation, including whether the additional hours license sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicants licensed premises are located, and may deny an application in the same manner as provided in Section 23958.(2)The applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which an additional hours license is sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for an additional hours license pursuant to this section within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.(3)Protests may be filed at any office of the department within 30 days from the first date of notice of the filing of an application by an on-sale licensee for an additional hours license. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987.(4)The department may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24300. If, after investigation, the department recommends that an additional hours license be issued notwithstanding a protest by a public agency or a public official, the department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with the department alleging the grounds of protest as a cause for revocation of the additional hours license and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.(5)This section shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.(e)(1)If, after investigation, the department recommends that an additional hours license be issued, with or without conditions, notwithstanding that one or more protests have been accepted by the department, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.(2)Any person who has filed a verified protest in a timely fashion pursuant to subdivision (d) that has been accepted pursuant to this section may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under paragraph (1).(3)At any time prior to the issuance of the additional hours license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.(4)If a request for a hearing is filed with the department pursuant to paragraph (2), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.(5)Notwithstanding that a hearing is held pursuant to paragraph (4), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.(6)If a request for a hearing is not filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensees application for an additional hours license without any further proceeding.(7)If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.(f)(1)The department shall notify the applicant of the outcome of the application for an additional hours license. Any conditions placed on the on-sale license shall apply to the additional hours license. Any additional conditions placed upon the additional hours license pursuant to this section shall be subject to Article 1.5 (commencing with Section 23800).(2)The premises for which an additional hours license is issued shall be restricted to patrons 21 years of age or older during the additional hours period. Any person under 21 years of age who enters and remains in the licensed premises during the additional hours period without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended. This provision does not prohibit the presence on the licensed premises of a person under 21 years of age that is otherwise authorized by law.(3)Section 24203 applies to an additional hours license issued pursuant to this section. An additional hours license may be suspended or revoked separately from the on-sale license.(g)(1)The applicant shall, at the time of application for an additional hours license pursuant to this section, accompany the application with a nonrefundable fee of two thousand five hundred dollars ($2,500). Fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund. (2)An original and annual fee for an additional hours license issued pursuant to this section shall be two thousand five hundred dollars ($2,500). Thirty percent of each original and annual fee shall be used to fund a local grant program to provide assistance to local law enforcement to be developed and administered by the department.(h)The department shall adopt rules and regulations to enforce the provisions of this section.(i)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.SEC. 5.It is the intent of the Legislature to provide moneys to law enforcement in areas in which additional hours licenses are issued to contribute to reducing the costs of additional law enforcement activities related to those licenses.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.The Legislature finds and declares all of the following:
(a)It is the policy of the state to promote the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
(b)At least 15 states across the country delegate complete or partial authority for setting service hours to local jurisdictions or allow local jurisdictions to extend the hours of service, subject to state approval.
(c)The Legislature supports a well-planned and managed nightlife that can have a profound positive impact on a local economy, generating direct tax revenues, and growing public funds through revitalized business districts, and increased tourism.
(d)The Legislature supports the world-renowned California licensed restaurant, venue, and entertainment industry, which generates more than $50 billion every year in consumer spending in California communities on jobs, goods and services, and related industries, and that attracts world-class acts as well as tourists to visit and enjoy California.
(e)The Legislature has determined that it is in the best interest of the State of California for extended hours of operation policies to be administered by the Department of Alcoholic Beverage Control in connection with applications for additional hour privileges, with the fees for those applications to be determined and assessed by the department at a rate that will fully reimburse the department for administrative expenses.
SEC. 2.Section 25631 of the Business and Professions Code is amended to read:25631.(a)(1)Except as provided in subdivision (b), any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 a.m. means two hours after midnight of the day preceding the day such change occurs.
(b)(1)Beginning January 1, 2020, and before January 1, 2025, in a city, county, or city and county that has additional serving hours pursuant to Section 25634, any on-sale licensee, or agent or employee of the licensee, who sells or gives to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 4 a.m. means four hours after 12 midnight of the day preceding the day the change occurs.
(c)This section shall remain in effect only until December 31, 2024, and as of that date is repealed, unless a later enacted statute that is enacted before December 31, 2024, deletes or extends that date.
SEC. 3.Section 25631 is added to the Business and Professions Code, to read:25631.(a)Any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 oclock a.m. and 6 oclock a.m. of the same day, is guilty of a misdemeanor.
For the purposes of this section, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 oclock a.m. means two hours after midnight of the day preceding the day such change occurs.
(b)This section shall be operative January 1, 2025.
SEC. 3.SEC. 4.Section 25634 is added to the Business and Professions Code, to read:25634.(a)Beginning January 1, 2020, notwithstanding Section 25631, the department may issue an additional hours permit which license that would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county does the following:
(1)Designates a task force comprised of members, including at least one member of law enforcement, enforcement and one additional member of the California Highway Patrol, to develop a local plan that meets all of the following requirements:
(A)Shows that the public convenience or necessity will be served by the additional hours.
(B)Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.
(C)Shows that residents and businesses within the additional hours service area support the additional hours. hours, pursuant to a determination by the local governing body.
(D)Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body. The assessment shall include crime statistics, data derived from police reports, emergency medical response data, sanitation reports, and public health reports related to the additional hours service area.
(E)Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.
(F)Includes programs to increase public awareness of the transportation services available and unavailable in the additional hours service area and the impacts of alcohol consumption.
(2)Adopts the local plan by an ordinance that includes all of Based upon its independent assessment, adopts an ordinance that satisfies the elements of the local plan, including the requirements of subparagraphs (A) to (F), inclusive, of paragraph (1) (1), and submits the ordinance to the department.
(b)Upon receipt of an ordinance adopted pursuant to paragraph (2) of subdivision (a), including documentation regarding protests to the ordinance, the department shall review the ordinance to ensure compliance with paragraph (1) of subdivision (a) and existing law.(c)(1)An on-sale licensee shall not apply for an additional hours permit license pursuant to this section until the department has received the ordinance adopted pursuant to paragraph (2) of subdivision (a).
(2)An on-sale licensee that has conditions on the license that restrict the hours of sale, service, or consumption of alcohol to a time earlier than 2 a.m. shall not be eligible for an additional hours permit. license authorizing the sale, service, or consumption of alcoholic beverages after 2 a.m. for any day or days of the week during which a restriction exists.
(3)An on-sale licensee issued an additional hours permit pursuant to this section shall require that all persons engaged in the sale or service of alcohol during the additional hours period complete a responsible beverage training course.(4)Notwithstanding Section 23401, off-sale privileges shall not be exercised during the additional hours period allowed pursuant to the additional hours permit. license.
(5)An additional hours permit license is not transferable between on-sale licensed premises.
(d)(1)Upon receipt of an application by an on-sale licensee for an additional hours permit license pursuant to this section, the department shall make a thorough investigation, including whether the additional hours permit license sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicants licensed premises are located, and may deny an application in the same manner as provided in Section 23958.
(2)The applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which an additional hours permit license is sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for an additional hours permit license pursuant to this section within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.
(3)Protests may be filed at any office of the department within 30 days from the first date of notice of the filing of an application by an on-sale licensee for an additional hours permit. license. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987.
(4)The department may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24300. If, after investigation, the department recommends that an additional hours permit license be issued notwithstanding a protest by a public agency or a public official, the department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with the department alleging the grounds of protest as a cause for revocation of the additional hours permit license and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)This section shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
(e)(1)If, after investigation, the department recommends that an additional hours permit license be issued, with or without conditions, notwithstanding that one or more protests have been accepted by the department, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
(2)Any person who has filed a verified protest in a timely fashion pursuant to subdivision (d) that has been accepted pursuant to this section may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under paragraph (1).
(3)At any time prior to the issuance of the permit, additional hours license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(4)If a request for a hearing is filed with the department pursuant to paragraph (2), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(5)Notwithstanding that a hearing is held pursuant to paragraph (4), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(6)If a request for a hearing is not filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensees application for an additional hours permit license without any further proceeding.
(7)If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
(f)(1)The department shall notify the applicant of the outcome of the application for an additional hours permit. license. Any conditions placed on the on-sale license shall apply to the additional hours permit. license. Any additional conditions placed upon the permit additional hours license pursuant to this section shall be subject to Article 1.5 (commencing with Section 23800).
(2)The premises for which an additional hours permit license is issued shall be restricted to patrons 21 years of age or older during the additional hours period. Any person under 21 years of age who enters and remains in the permitted licensed premises during the additional hours period without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended. This provision does not prohibit the presence on the licensed premises of a person under 21 years of age that is otherwise authorized by law.
(3)Section 24203 applies to an additional hours permit license issued pursuant to this section. An additional hours permit license may be suspended or revoked separately from the on-sale license.
(g)(1)The applicant shall, at the time of application for an additional hours permit license pursuant to this section, accompany the application with a nonrefundable fee of two thousand five hundred dollars ($2,500). Fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund.
(2)An original and annual fee for any permit an additional hours license issued pursuant to this section shall be ____ two thousand five hundred dollars ($____), subject to adjustment pursuant to subdivisions (b) and (c) of Section 23320. ($2,500). Thirty percent of each original and annual fee shall be used to fund a local grant program to provide assistance to local law enforcement to be developed and administered by the department.
(h)The department shall adopt rules and regulations to enforce the provisions of this section.
(i)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 4.SEC. 5.It is the intent of the Legislature to provide moneys to law enforcement in areas in which additional hours permits licenses are issued to cover contribute to reducing the costs of additional law enforcement activities related to those permits. licenses.
SEC. 5.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)It is the policy of the state to promote the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
(b)At least 15 states across the country delegate complete or partial authority for setting service hours to local jurisdictions or allow local jurisdictions to extend the hours of service, subject to state approval.
(c)The Legislature supports a well-planned and managed nightlife that can have a profound positive impact on a local economy, generating direct tax revenues, and growing public funds through revitalized business districts, and increased tourism.
(d)The Legislature supports the world-renowned California licensed restaurant, venue, and entertainment industry, which generates more than $50 billion every year in consumer spending in California communities on jobs, goods and services, and related industries, and that attracts world-class acts as well as tourists to visit and enjoy California.
(e)The Legislature has determined that it is in the best interest of the State of California for extended hours of operation policies to be administered by the Department of Alcoholic Beverage Control in connection with applications for additional hour privileges, with the fees for those applications to be determined and assessed by the department at a rate that will fully reimburse the department for administrative expenses.
SEC. 2.Section 25631 of the Business and Professions Code is amended to read:25631.(a)(1)Except as provided in subdivision (b), any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 a.m. means two hours after midnight of the day preceding the day such change occurs.
(b)(1)In Beginning January 1, 2020, and before January 1, 2025, in a city, county, or city and county that has additional serving hours pursuant to Section 25634, any on-sale licensee, or agent or employee of the licensee, who sells or gives to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight savings saving time, or back again to Pacific standard time, 4 a.m. means four hours after 12 midnight of the day preceding the day the change occurs.
SEC. 3.Section 25634 is added to the Business and Professions Code, to read:25634.(a)Notwithstanding Beginning January 1, 2020, notwithstanding Section 25631, the department may issue an additional hours permit which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county, or its designated subordinate officer or body county does the following:
(1)Develops and approves Designates a task force comprised of members, including at least one member of law enforcement, to develop a local plan that meets all of the following requirements:
(A)Shows that the public convenience or necessity will be served by the additional hours.
(B)Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.
(C)Shows that residents and businesses within the additional hours service area support the additional hours.
(D)Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body. The assessment shall include crime statistics, police reports, emergency medical response data, sanitation reports, and public health reports related to the additional hours service area.
(E)Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.
(F)Includes programs to increase public awareness of the transportation services available and unavailable in the additional hours service area and the impacts of alcohol consumption.
(2)Resolves and certifies the local plan and submits the local plan to the department.(2)Adopts the local plan by an ordinance that includes all of the requirements of subparagraphs (A) to (F), inclusive, of paragraph (1) and submits the ordinance to the department.
(b)Upon receipt of a local plan developed pursuant to paragraph (1) of subdivision (a), an ordinance adopted pursuant to paragraph (2) of subdivision (a), including documentation regarding protests to the ordinance, the department may shall review the local plan ordinance to ensure compliance with paragraph (1) of subdivision (a) and existing law.
(c)(1)An on-sale licensee shall not apply for an additional hours permit pursuant to this section until the department has received the local plan of the city, county, or city and county in which the licensed premises is located. ordinance adopted pursuant to paragraph (2) of subdivision (a).
(2)An on-sale licensee that has conditions on the license that restrict the hours of sale, service, or consumption of alcohol shall not be eligible for an additional hours permit.
(3)An on-sale licensee issued an additional hours permit pursuant to this section shall require that all persons engaged in the sale or service of alcohol during the additional hours period complete a responsible beverage training course.
(4)Notwithstanding Section 23401, off-sale privileges shall not be exercised during the additional hours period allowed pursuant to the additional hours permit.
(5)An additional hours permit is not transferable between on-sale licensed premises.
(d)(1)Upon receipt of an application by an on-sale licensee for an additional hours permit pursuant to this section, the department shall make a thorough investigation to determine investigation, including whether the additional hours permit sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicants licensed premises are located. located, and may deny an application in the same manner as provided in Section 23958.
(2)The applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which an additional hours permit is sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for an additional hours permit pursuant to this section within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.
(3)Protests may be filed at any office of the department within 30 days from the first date of notice of the filing of an application by an on-sale licensee for an additional hours permit. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987.
(4)The department may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24300. If, after investigation, the department recommends that an additional hours permit be issued notwithstanding a protest by a public agency or a public official, the department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with the department alleging the grounds of protest as a cause for revocation of the additional hours permit and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)This section shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
(e)(1)If, after investigation, the department recommends that an additional hours permit be issued, with or without conditions, notwithstanding that one or more protests have been accepted by the department, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
(2)Any person who has filed a verified protest in a timely fashion pursuant to subdivision (d) that has been accepted pursuant to this section may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under paragraph (1).
(3)At any time prior to the issuance of the permit, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(4)If a request for a hearing is filed with the department pursuant to paragraph (2), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(5)Notwithstanding that a hearing is held pursuant to paragraph (4), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(6)If a request for a hearing is not filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensees application for an additional hours permit without any further proceeding.
(7)If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
(f)(1)The department shall notify the applicant of the outcome of the application for an additional hours permit. Any conditions placed on the on-sale license shall apply to the additional hours permit. Any additional conditions placed upon the permit pursuant to this section shall be subject to Article 1.5 (commencing with Section 23800).
(2)The premises for which an additional hours permit is issued shall be restricted to patrons 21 years of age or older during the additional hours period. Any person under 21 years of age who enters and remains in the permitted premises during the additional hours period without lawful business therein is guilty of a misdemeanor and shall be punished by a fine of not less than two hundred dollars ($200), no part of which shall be suspended.
(3)Section 24203 applies to an additional hours permit issued pursuant to this section. An additional hours permit may be suspended or revoked separately from the on-sale license.
(g)(1)The applicant shall, at the time of application for an additional hours permit pursuant to this section, accompany the application with a fee of two thousand five hundred dollars ($2,500). Fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund.
(2)An original and annual fee for any permit issued pursuant to this section shall be ____ dollars ($____), subject to adjustment pursuant to subdivisions (b) and (c) of Section 23320.
(h)The department shall adopt rules and regulations to enforce the provisions of this section.
(i)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 4.It is the intent of the Legislature to provide moneys to law enforcement in areas in which additional hours permits are issued to cover the costs of additional law enforcement activities related to those permits.
SEC. 4.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)It is the policy of the state to promote the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
(b)At least 15 states across the country delegate complete or partial authority for setting service hours to local jurisdictions or allow local jurisdictions to extend the hours of service, subject to state approval.
(c)The Legislature supports a well-planned and managed nightlife that can have a profound positive impact on a local economy, generating direct tax revenues, and growing public funds through revitalized business districts, and increased tourism.
(d)The Legislature supports the world-renowned California licensed restaurant, venue, and entertainment industry, which generates more than $50 billion every year in consumer spending in California communities on jobs, goods and services, and related industries, and that attracts world-class acts as well as tourists to visit and enjoy California.
(e)The Legislature has determined that it is in the best interest of the State of California for extended hours of operation policies to be administered by the Department of Alcoholic Beverage Control in connection with applications for additional hour privileges, with the fees for those applications to be determined and assessed by the department at a rate that will fully reimburse the department for administrative expenses.
SEC. 2.Section 25631 of the Business and Professions Code is amended to read:25631.(a)(1)Except as provided in subdivision (b), any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 a.m. means two hours after midnight of the day preceding the day such change occurs.
(b)(1)In a city, county, or city and county that has additional serving hours pursuant to Section 25634, any on-sale licensee, or agent or employee of the licensee, who sells or gives to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight savings time, or back again to Pacific standard time, 4 a.m. means four hours after 12 midnight of the day preceding the day the change occurs.
SEC. 3.Section 25634 is added to the Business and Professions Code, to read:25634.(a)Notwithstanding Section 25631, the department may issue an additional hours permit which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county, or its designated subordinate officer or body does the following:
(1)Develops and approves a local plan that meets the following requirements:
(A)Shows that the public convenience or necessity will be served by the additional hours.
(B)Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.
(C)Shows that residents and businesses within the additional hours service area support the additional hours.
(D)Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body.
(E)Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.
(F)Includes programs to increase public awareness of the transportation services available in the additional hours service area and the impacts of alcohol consumption.
(2)Resolves and certifies the local plan and submits the local plan to the department.
(b)Upon receipt of a local plan developed pursuant to paragraph (1) of subdivision (a), the department may review the local plan to ensure compliance with existing law.
(c)An on-sale licensee shall not apply for an additional hours permit pursuant to this section until the department has received the local plan of the city, county, or city and county in which the licensed premises is located.
(d)(1)Upon receipt of an application by an on-sale licensee for an additional hours permit pursuant to this section, the department shall make a thorough investigation to determine whether the additional hours permit sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicants licensed premises are located.
(2)The applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which an additional hours are permit is sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for an additional hours permit pursuant to this section within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.
(3)Protests may be filed at any office of the department within 30 days from the first date of notice of the filing of an application by an on-sale licensee for an additional hours permit. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987.
(4)The department may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24300. If, after investigation, the department recommends that an additional hours be authorized permit be issued notwithstanding a protest by a public agency or a public official, the department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with the department alleging the grounds of protest as a cause for revocation of the additional hours permit and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)This section shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
(e)(1)If, after investigation, the department recommends that an additional hours be authorized, with or without conditions on the applicants license, permit be issued, with or without conditions, notwithstanding that one or more protests have been accepted by the department, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
(2)Any person who has filed a verified protest in a timely fashion pursuant to subdivision (d) that has been accepted pursuant to this section may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under paragraph (1).
(3)At any time prior to the issuance of the license, permit, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(4)If a request for a hearing is filed with the department pursuant to paragraph (2), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(5)Notwithstanding that a hearing is held pursuant to paragraph (4), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(6)If a request for a hearing is not filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensees application for an additional hours permit without any further proceeding.
(7)If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
(f)The department shall notify the applicant of the outcome of the application for additional hours. an additional hours permit. Any conditions placed upon the license permit pursuant to this section shall be subject to Article 1.5 (commencing with Section 23800).
(g)The applicant shall, at the time of application for an additional hours permit pursuant to this section, accompany the application with a fee of two thousand five hundred dollars ($2,500). Fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund.
(h)An extended license described by this section shall not be issued until any existing licenses issued at the premises by the department are canceled.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)It is the policy of the state to promote the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
(b)It is the policy of the state to encourage local communities to implement local entertainment and licensed venue operation policies designed for their specific communities and to support those local initiatives by all appropriate means. (c)(b)At least 15 states across the country delegate complete or partial authority for setting service hours to local jurisdictions or allow local jurisdictions to extend the hours of service, subject to state approval.
(d)(c)The Legislature supports a well-planned and managed nightlife that can have a profound positive impact on a local economy, generating direct tax revenues, and growing public funds through revitalized business districts, and increased tourism.
(e)(d)The Legislature supports the world-renowned California licensed restaurant, venue, and entertainment industry, which generates more than $50 billion every year in consumer spending in California communities on jobs, goods and services, and related industries, and that attracts world-class acts as well as tourists to visit and enjoy California.
(f)(e)The Legislature has determined that it is in the best interest of the State of California for extended hours of operation policies to be administered by the Department of Alcoholic Beverage Control in connection with applications for additional hour privileges, with the fees for those applications to be determined and assessed by the department at a rate that will fully reimburse the department for administrative expenses.
SEC. 2.Section 25631 of the Business and Professions Code is amended to read:25631.(a)(1)Except as provided in subdivision (b), any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 a.m. means two hours after midnight of the day preceding the day such change occurs.
(b)(1)In a city, county, or city and county that has additional serving hours pursuant to Section 25634, any on-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers sells or gives to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight savings time, or back again to Pacific standard time, 4 a.m. means four hours after 12 midnight of the day preceding the day the change occurs.
SEC. 3.Section 25634 is added to the Business and Professions Code, to read:25634.(a)Notwithstanding Section 25631, the department may authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county, or its designated subordinate officer or body does the following:
(1)Develops and approves a local plan that meets the following requirements:
(A)Shows that the public convenience or necessity will be served by the additional hours.
(B)Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.
(C)Shows that residents and businesses within the additional hours service area support the additional hours.
(D)Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body.
(E)Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.
(F)Includes programs to increase public awareness of the transportation services available in the additional hours service area and the impacts of alcohol consumption.
(2)Resolves and certifies the local plan and submits the local plan to the department.
(b)Upon receipt of a local plan developed pursuant to paragraph (1) of subdivision (a), the department may review the local plan to ensure compliance with existing law.
(c)An on-sale licensee shall not apply for additional hours pursuant to this section until the department has received the local plan of the city, county, or city and county in which the licensed premises is located.
(d)(1)Upon receipt of an application by an on-sale licensee for additional hours pursuant to this section, the department shall make a thorough investigation to determine whether the additional hours sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicants licensed premises are located.
(2)The applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which additional hours are sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for additional hours pursuant to this section within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.
(3)Protests may be filed at any office of the department within 30 days from the first date of notice of the filing of an application by an on-sale licensee for additional hours. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987.
(4)The department may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24300. If, after investigation, the department recommends that additional hours be authorized notwithstanding a protest by a public agency or a public official, the department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with the department alleging the grounds of protest as a cause for revocation of the additional hours and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)This section shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
(e)(1)If, after investigation, the department recommends that additional hours be authorized, with or without conditions on the applicants license, notwithstanding that one or more protests have been accepted by the department, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
(2)Any person who has filed a verified protest in a timely fashion pursuant to subdivision (d) that has been accepted pursuant to this section may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under paragraph (1).
(3)At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(4)If a request for a hearing is filed with the department pursuant to paragraph (2), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(5)Notwithstanding that a hearing is held pursuant to paragraph (4), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(6)If a request for a hearing is not filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensees application for additional hours without any further proceeding.
(7)If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
(f)The department shall notify the applicant of the outcome of the application for additional hours. Any conditions placed upon the license pursuant to this section shall be subject to Article 1.5 (commencing with Section 23800).
(g)The applicant shall, at the time of application for additional hours pursuant to this section, accompany the application with a fee of ____ dollars ($____). two thousand five hundred dollars ($2,500). Fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund.
(h)An extended license described by this section shall not be issued until any existing licenses issued at the premises by the department are canceled.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)It is the policy of the state to promote the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
(b)It is the policy of the state to encourage local communities to implement local entertainment and licensed venue operation policies designed for their specific communities and to support those local initiatives by all appropriate means.
(c)It is the policy of the state that modified closing times can improve the quality of life in local jurisdictions by mitigating public safety and nuisance issues associated with the uniform 2 a.m. closing hour.(d)It is the policy of the state that local communities consider different approaches to address issues of the 2 a.m. uniform closing hour and encourage responsible consumption by, including, but not limited to, extending service hours within a limited geographical area, staggering service hours to alleviate stress on public services, differentiating between the end of sale hour and the end of consumption hour, and extending service hours only on holidays or specific days of the week.(e)(c)At least 15 states across the country delegate complete or partial authority for setting service hours to local jurisdictions or allow local jurisdictions to extend the hours of service, subject to state approval.
(f)(d)The Legislature supports a well-planned and managed nightlife that can have a profound positive impact on a local economy, generating direct tax revenues, and growing public funds through increased property value, revitalized business districts, and increased tourism.
(g)(e)The Legislature supports the world-renowned California licensed restaurant, venue, and entertainment industry, which generates more than fifty billion dollars ($50,000,000,000) $50 billion every year in consumer spending in California communities on jobs, goods and services, and related industries, and that attracts world-class acts as well as tourists to visit and enjoy California.
(h)(f)The Legislature has determined that it is in the best interest of the State of California for extended hours of operation policies to be administered by the Department of Alcoholic Beverage Control in connection with applications for additional hour privileges, with the fees for those applications to be determined and assessed by the department at a rate that will fully reimburse the department for administrative expenses.
SEC. 2.Section 25631 of the Business and Professions Code is amended to read:25631.(a)(1)Except as provided in subdivision (b), any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 a.m. means two hours after midnight of the day preceding the day such change occurs.
(b)(1)In a city, county, or city and county that has additional serving hours pursuant to Section 25634, any on-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight savings time, or back again to Pacific standard time, 4 a.m. means four hours after 12 midnight of the day preceding the day the change occurs.
SEC. 3.Section 25634 is added to the Business and Professions Code, to read:25634.(a)Notwithstanding Section 25631, the department may authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county, or its designated subordinate officer or body does the following:
(1)Develops and approves a local plan that meets the following requirements:
(A)Shows that the public convenience or necessity will be served by the additional hours.
(B)Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.
(C)Shows that residents and businesses within the additional hours service area support the additional hours.
(D)Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body.
(E)Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.
(F)Includes programs to increase public awareness of the transportation services available in the additional hours service area and the impacts of alcohol consumption.
(2)Resolves and certifies the local plan and submits the local plan to the department.
(b)Upon receipt of a local plan developed pursuant to paragraph (1) of subdivision (a), the department shall may review the local plan to ensure compliance with existing law and regulations promulgated by the department. The department shall review the local plan within ____ days of receipt and shall notify the local governing body of its approval or denial of the plan. During the review process the department shall post the local plan on its Internet Web site. law.
(c)An on-sale licensee shall not apply for additional hours pursuant to this section until the department has approved received the local plan of the city, county, or city and county in which the licensed premises is located.
(d)(1)Upon receipt of an application by an on-sale licensee for additional hours pursuant to this section, the department shall make a thorough investigation to determine whether the additional hours sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicants licensed premises are located . located.
(2)The applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which additional hours are sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for additional hours pursuant to this section within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.
(3)Protests may be filed at any office of the department within 30 days from the first date of notice of the filing of an application by an on-sale licensee for additional hours. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987.
(4)The department may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24300. If, after investigation, the department recommends that additional hours be authorized notwithstanding a protest by a public agency or a public official, the department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with the department alleging the grounds of protest as a cause for revocation of the additional hours and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)This section shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
(e)(1)If, after investigation, the department recommends that additional hours be authorized, with or without conditions on the applicants license, notwithstanding that one or more protests have been accepted by the department, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
(2)Any person who has filed a verified protest in a timely fashion pursuant to subdivision (d) that has been accepted pursuant to this section may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under paragraph (1).
(3)At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(4)If a request for a hearing is filed with the department pursuant to paragraph (2), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(5)Notwithstanding that a hearing is held pursuant to paragraph (4), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(6)If a request for a hearing is not filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensees application for additional hours without any further proceeding.
(7)If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
(f)The department shall notify the applicant of the outcome of the application for additional hours. Any conditions placed upon the license pursuant to this section shall be subject to Article 1.5 (commencing with Section 23800).
(g)The applicant shall, at the time of application for additional hours pursuant to this section, accompany the application with a fee of ____ dollars ($____). Fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund.
(h)An extended license described by this section shall not be issued until any existing licenses issued at the premises by the department are canceled.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)It is the policy of the state to promote the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
(b)It is the policy of the state to encourage local communities to implement local entertainment and licensed venue operation policies designed for their specific communities and to support those local initiatives by all appropriate means.
(c)It is the policy of the state that modified closing times can improve the quality of life in local jurisdictions by mitigating public safety and nuisance issues associated with the uniform 2 a.m. closing hour.
(d)It is the policy of the state that local communities consider different approaches to address issues of the 2 a.m. uniform closing hour and encourage responsible consumption by, including, but not limited to, extending service hours within a limited geographical area, staggering service hours to alleviate stress on public services, differentiating between the end of sale hour and the end of consumption hour, and extending service hours only on holidays or specific days of the week.
(e)At least 15 states across the country delegate complete or partial authority for setting service hours to local jurisdictions or allow local jurisdictions to extend the hours of service, subject to state approval.
(f)The Legislature supports a well-planned and managed nightlife that can have a profound positive impact on a local economy, generating direct tax revenues, and growing public funds through increased property value, revitalized business districts, and increased tourism.
(g)The Legislature supports the world-renowned California licensed restaurant, venue, and entertainment industry, which generates more than fifty billion dollars ($50,000,000,000) every year in consumer spending in California communities on jobs, goods and services, and related industries, and that attracts world-class acts as well as tourists to visit and enjoy California.
(h)The Legislature has determined that it is in the best interest of the State of California for extended hours of operation policies to be administered by the Department of Alcoholic Beverage Control in connection with applications for additional hour privileges, with the fees for those applications to be determined and assessed by the department at a rate that will fully reimburse the department for administrative expenses.
SEC. 2.Section 25631 of the Business and Professions Code is amended to read:25631.Any(a)(1)Except as provided in subdivision (b), any on- or off-sale licensee, or agent or employee of that licensee, who sells, gives, or delivers to any persons any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 2 oclock a.m. and 6 oclock a.m. of the same day, is guilty of a misdemeanor.
For(2)For the purposes of this section, subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight saving time, or back again to Pacific standard time, 2 oclock a.m. means two hours after midnight of the day preceding the day such change occurs.
(b)(1)In a city, county, or city and county that has additional serving hours pursuant to Section 25634, any on-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
(2)For the purposes of this subdivision, on the day that a time change occurs from Pacific standard time to Pacific daylight time, or back again to Pacific standard time, 4 a.m. means four hours after 12 midnight of the day preceding the day the change occurs.
SEC. 3.Section 25634 is added to the Business and Professions Code, to read:25634.(a)Notwithstanding Section 25631, the department may authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county, or its designated subordinate officer or body does the following:
(1)Develops and approves a local plan that meets the following requirements:
(A)Shows that the public convenience or necessity will be served by the additional hours.
(B)Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.
(C)Shows that residents and businesses within the additional hours service area support the additional hours.
(D)Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body.
(E)Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.
(F)Includes programs to increase public awareness of the transportation services available in the additional hours service area and the impacts of alcohol consumption.
(2)Resolves and certifies the local plan and submits the local plan to the department.
(b)Upon receipt of a local plan developed pursuant to paragraph (1) of subdivision (a), the department shall review the local plan to ensure compliance with existing law and regulations promulgated by the department. The department shall review the local plan within ____ days of receipt and shall notify the local governing body of its approval or denial of the plan. During the review process the department shall post the local plan on its Internet Web site.
(c)An on-sale licensee shall not apply for additional hours pursuant to this section until the department has approved the local plan of the city, county, or city and county in which the licensed premises is located.
(d)(1)Upon receipt of an application by an on-sale licensee for additional hours pursuant to this section, the department shall make a thorough investigation to determine whether the additional hours sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicants licensed premises are located .
(2)The applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which additional hours are sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for additional hours pursuant to this section within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.
(3)Protests may be filed at any office of the department within 30 days from the first date of notice of the filing of an application by an on-sale licensee for additional hours. The time within which a local law enforcement agency may file a protest shall be extended by the period prescribed in Section 23987.
(4)The department may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon, notwithstanding Section 24300. If, after investigation, the department recommends that additional hours be authorized notwithstanding a protest by a public agency or a public official, the department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant pursuant to Section 11509 of the Government Code. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with the department alleging the grounds of protest as a cause for revocation of the additional hours and the department shall hold a hearing as provided in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.
(5)This section shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
(e)(1)If, after investigation, the department recommends that additional hours be authorized, with or without conditions on the applicants license, notwithstanding that one or more protests have been accepted by the department, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
(2)Any person who has filed a verified protest in a timely fashion pursuant to subdivision (d) that has been accepted pursuant to this section may request that the department conduct a hearing on the issue or issues raised in the protest. The request shall be in writing and shall be filed with the department within 15 business days of the date the department notifies the protesting party of its determination as required under paragraph (1).
(3)At any time prior to the issuance of the license, the department may, in its discretion, accept a late request for a hearing upon a showing of good cause. Any determination of the department pursuant to this subdivision shall not be an issue at the hearing nor grounds for appeal or review.
(4)If a request for a hearing is filed with the department pursuant to paragraph (2), the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing.
(5)Notwithstanding that a hearing is held pursuant to paragraph (4), the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
(6)If a request for a hearing is not filed with the department pursuant to this section, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensees application for additional hours without any further proceeding.
(7)If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
(f)The department shall notify the applicant of the outcome of the application for additional hours. Any conditions placed upon the license pursuant to this section shall be subject to Article 1.5 (commencing with Section 23800).
(g)The applicant shall, at the time of application for additional hours pursuant to this section, accompany the application with a fee of ____ dollars ($____). Fees collected pursuant to this section shall be deposited in the Alcohol Beverage Control Fund.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
|
Date
|
Status
|
|---|---|
| Oct 6, 2017 | Chaptered by Secretary of State. Chapter 541, Statutes of 2017. |
| Oct 6, 2017 | Approved by the Governor. |
| Sep 22, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 16, 2017 | Assembly amendments concurred in. (Ayes 28. Noes 4.) Ordered to engrossing and enrolling. |
| Sep 15, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 15, 2017 | Read third time. Passed. Ordered to the Senate. |
| Sep 12, 2017 | Read second time. Ordered to third reading. |
| Sep 11, 2017 | From committee: Do pass. (Ayes 5. Noes 2.) (September 11). |
| Sep 8, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. |
| Sep 7, 2017 | Joint Rule 62(a) suspended. |
| Sep 7, 2017 | Read third time and amended. |
| Sep 6, 2017 | Read second time. Ordered to third reading. |
| Sep 5, 2017 | Read second time and amended. Ordered to second reading. |
| Sep 1, 2017 | From committee: Do pass as amended. (Ayes 12. Noes 0.) (September 1). |
| Aug 23, 2017 | August 23 set for first hearing. Placed on suspense file. |
| Aug 21, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Jul 17, 2017 | Read second time and amended. Re-referred to Com. on APPR. |
| Jul 13, 2017 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 4.) (July 5). |
| Jun 29, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Jun 12, 2017 | Referred to Com. on G.O. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| May 31, 2017 | Read third time. Passed. (Ayes 27. Noes 9. Page 1351.) Ordered to the Assembly. |
| May 26, 2017 | Read second time and amended. Ordered to third reading. |
| May 25, 2017 | From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1183.) (May 25). |
| May 19, 2017 | Set for hearing May 25. |
| Apr 17, 2017 | April 17 hearing: Placed on APPR. suspense file. |
| Apr 5, 2017 | Set for hearing April 17. |
| Mar 28, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 2.) (March 28). Re-referred to Com. on APPR. |
| Mar 20, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O. |
| Mar 14, 2017 | Set for hearing March 28. |
| Feb 23, 2017 | Referred to Com. on G.O. |
| Feb 15, 2017 | From printer. May be acted upon on or after March 17. |
| Feb 14, 2017 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 16, 2017 | Unfinished Business SB384 Wiener et al. Concurrence | Senate Floor |
Passed |
|
| Sep 15, 2017 | SB 384 Wiener Senate Third Reading By LOW | Assembly Floor |
Passed |
|
| Sep 11, 2017 | Do pass. | Assembly Standing Committee on Public Safety |
Passed |
|
| Sep 1, 2017 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jul 5, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Governmental Organization |
Passed |
|
| May 31, 2017 | Senate 3rd Reading SB384 Wiener et al. | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 17, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Mar 28, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Governmental Organization |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 2-1-1 los angeles county | * Support | Sep 11, 2017 |
| a sobering choice coalition | ** Against | Jul 4, 2017 |
| aadap, inc. | ** Against | Jul 4, 2017 |
| ADAPT Lamorinda | ** Against | Jul 4, 2017 |
| ADAPT San Ramon Valley | ** Against | Jul 4, 2017 |
| Alameda County Board of Supervisors | ** Support | Sep 15, 2017 |
| Alameda County District Attorney | ** Support | Sep 15, 2017 |
| Alcohol Justice | ** Against | Jul 4, 2017 |
| Alcohol Policy Panel of San Diego County | ** Against | Jul 4, 2017 |
| Alliance for Constitutional Sex Offense Laws | ** Support | Sep 15, 2017 |
| American Civil Liberties Union of California | ** Support | Sep 15, 2017 |
| Anaheim Chamber Of Commerce | ** Support | Jul 4, 2017 |
| And, Several Individuals | ** Against | Mar 27, 2017 |
| Asian American Drug Abuse Program, Inc. | ** Support | Sep 15, 2017 |
| Asian Americans Advancing Justice | * Support | Sep 11, 2017 |
| Association of Deputy District Attorneys | ** Support | Sep 15, 2017 |
| barbary coast neighborhood association | ** Against | Jul 4, 2017 |
| calcasa | ** Support | Sep 15, 2017 |
| California Alcohol Policy Alliance | ** Against | Jul 4, 2017 |
| California Association Of Code Enforcement Officers | ** Support | Sep 15, 2017 |
| California Attorneys For Criminal Justice | * Support | Sep 11, 2017 |
| California Civil Liberties Advocacy | * Support | Sep 11, 2017 |
| California College And University Police Chiefs Association | ** Support | Sep 15, 2017 |
| california council for alcohol problems | ** Against | Jul 4, 2017 |
| California District Attorneys Association | ** Support | Sep 15, 2017 |
| California Hotel & Lodging Association | ** Support | Jul 4, 2017 |
| California Music & Culture Association | ** Support | Jul 4, 2017 |
| California Narcotic Officers Association | ** Support | Sep 15, 2017 |
| California Police Chiefs Association | ** Support | Sep 15, 2017 |
| California Public Defenders Association | ** Support | Sep 15, 2017 |
| California Restaurant Association | ** Support | Jul 4, 2017 |
| California State Association Of Counties | ** Support | Sep 15, 2017 |
| California Teamsters Public Affairs Council | ** Support | Jul 4, 2017 |
| California Travel Association | ** Support | Jul 4, 2017 |
| California Youth Council | ** Against | May 27, 2017 |
| City and County of San Francisco | ** Support | Jul 4, 2017 |
| City Of Oakland | ** Support | Jul 4, 2017 |
| coalition for drug free escondido | ** Against | Jul 4, 2017 |
| coalition to prevent alcohol-related harms in la metro | ** Against | Jul 4, 2017 |
| council on alcoholism and drug abuse | ** Against | Jul 4, 2017 |
| council on alcoholism and drug abuse | ** Support | Jul 4, 2017 |
| County Behavioral Health Directors Association of California | ** Against | Jul 4, 2017 |
| County of Marin Board of Supervisors | ** Against | Jul 4, 2017 |
| Courage Campaign | ** Support | Sep 15, 2017 |
| East Bay Community Law Center | ** Support | Sep 15, 2017 |
| elizabeth peterson group | ** Support | Jul 4, 2017 |
| Equality California | ** Support | Sep 15, 2017 |
| Family Safety Foundation | ** Support | Sep 15, 2017 |
| Fasd Network Of Southern California | ** Against | May 27, 2017 |
| friday night live partnership | ** Against | Jul 4, 2017 |
| Friday Night Live Program | ** Against | May 27, 2017 |
| Friends Committee On Legislation Of California | ** Support | Sep 15, 2017 |
| Golden Gateway Tenants Association | ** Against | May 27, 2017 |
| Health Officers Association Of California | ** Against | Jul 4, 2017 |
| hollywood hills recovery | ** Against | Jul 4, 2017 |
| Hotel Council of San Francisco | ** Support | Jul 4, 2017 |
| Hotel Lodging Association | * Support | Mar 28, 2017 |
| Immigrant Legal Resource Center | ** Support | Sep 15, 2017 |
| LAX Coastal Chamber of Commerce | ** Support | Jul 4, 2017 |
| Legal Services for Prisoners with Children | ** Support | Sep 15, 2017 |
| Los Angeles Area Chamber Of Commerce | ** Support | Jul 4, 2017 |
| Los Angeles County | * Support | Sep 11, 2017 |
| Los Angeles County District Attorney'S Office | * Support | Sep 11, 2017 |
| Los Angeles County Professional Peace Officers Association | ** Support | Sep 15, 2017 |
| Los Angeles District Attorney's Office | ** Support | Sep 15, 2017 |
| Los Angeles Drug and Alcohol Policy Alliance | ** Against | Jul 4, 2017 |
| Los Angeles Drug And Policy Alliance | ** Against | May 27, 2017 |
| Los Angeles Police Protective League | ** Support | Sep 15, 2017 |
| Lutheran Office of Public Policy-California | ** Against | Jul 4, 2017 |
| Lyft | ** Support | Jul 4, 2017 |
| Mayor Edwin Lee | * Support | Sep 11, 2017 |
| mayor edwin lee, san francisco | ** Support | Jul 4, 2017 |
| Mfi Recovery And Prevention | ** Against | May 27, 2017 |
| Mothers Against Drunk Driving | ** Against | Jul 4, 2017 |
| mountain communities coalition against substance abuse | ** Against | Jul 4, 2017 |
| National Employment Law Project | ** Support | Sep 15, 2017 |
| National Housing Law Project | ** Support | Sep 15, 2017 |
| north coastal prevention coalition | ** Against | Jul 4, 2017 |
| Numerous individuals | ** Support | Sep 15, 2017 |
| numerous letters from the public | ** Against | Jul 4, 2017 |
| partnership for positive pomona | ** Against | Jul 4, 2017 |
| project safer educational foundation | ** Against | Jul 4, 2017 |
| Pueblo y Salud, Inc. | ** Against | Jul 4, 2017 |
| rethinking alcohol and other drugs | ** Against | Jul 4, 2017 |
| Returning Home Foundation | ** Support | Sep 15, 2017 |
| Root & Rebound | ** Support | Sep 15, 2017 |
| Rubicon Programs | ** Support | Sep 15, 2017 |
| San Diego County Police Chief'S And Sheriff'S Association | ** Against | May 27, 2017 |
| san diego police chiefs' and sheriff's association | ** Against | Jul 4, 2017 |
| San Francisco Bar Owner Alliance | ** Support | Jul 4, 2017 |
| San Francisco Chamber of Commerce | ** Support | Jul 4, 2017 |
| San Francisco Mayor Edwin M. Lee | ** Support | May 27, 2017 |
| San Francisco Prevention Coalition | ** Against | May 27, 2017 |
| San Francisco Taxi Workers Alliance | ** Support | Jul 4, 2017 |
| San Francisco Travel | ** Support | Mar 27, 2017 |
| San Francisco Travel Association | ** Support | Jul 4, 2017 |
| San Marcos Prevention Coalition | ** Against | Jul 4, 2017 |
| San Rafael Drug and Alcohol Coalition | * Against | Mar 28, 2017 |
| santee collaborative | ** Against | Jul 4, 2017 |
| santee solutions coalition | ** Against | Jul 4, 2017 |
| Saving Lives Camarillo | ** Against | May 27, 2017 |
| Several individuals | ** Against | May 27, 2017 |
| sex offender management board | ** Support | Sep 15, 2017 |
| sf prevention coalition | ** Against | Jul 4, 2017 |
| Sonoma County Board of Supervisors | ** Against | Jul 4, 2017 |
| Tarzana Treatment Centers | ** Against | Jul 4, 2017 |
| The United Methodist Church | ** Against | May 27, 2017 |
| The Wall Las Memorias Project | ** Against | Jul 4, 2017 |
| The West Hollywood Project | ** Against | May 27, 2017 |
| The Westside Impact Coalition | ** Against | May 27, 2017 |
| Uber Technologies | ** Support | Jul 4, 2017 |
| UNITE-HERE, AFL-CIO | ** Support | Jul 4, 2017 |
| united neighborhoods for los angeles | ** Against | Jul 4, 2017 |
| VALLEY INDUSTRY AND COMMERCE ASSOCIATION | ** Support | Jul 4, 2017 |
| Voices For Progress Education Fund | ** Support | Sep 15, 2017 |
| wellness & prevention center | ** Against | Jul 4, 2017 |
| West Hollywood Chamber of Commerce | ** Support | Jul 4, 2017 |
| west hollywood project | ** Against | Jul 4, 2017 |
| westside impact coalition | ** Against | Jul 4, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 384
:
PRIOR SENATE VOTES NOT RELEVANT
[NOTE: This bill is nearly identical to SB 421 (Weiner, 2017), which passed the Senate Floor 27-9 on 5/31/17: SB 421 roll call:
SENATE FLOOR VOTES ON SB 421: 27-9, 5/31/17
AYES: Allen, Anderson, Atkins, Beall, Bradford, De León, Dodd, Galgiani, Hernandez, Hertzberg, Hill, Hueso, Jackson, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Pan, Roth, Skinner, Stern, Vidak, Wieckowski, Wiener, Wilk
NOES: Bates, Berryhill, Cannella, Fuller, Gaines, Glazer, Morrell, Newman, Nguyen, Nielsen, Stone
NO VOTE RECORDED: Lara, Portantino]
ASSEMBLY FLOOR: 42-22, 9/15/17
(ROLL CALL NOT AVAILABLE)
Los Angeles District Attorney’s Office
Sex Offender Management Board
This bill creates a tiered registry for sex offenses so that people will be required to register for 10 years, 20 years, or lifetime depending on the conviction offense.
Assembly Amendments
delete the contents of the bill as it left the Senate and insert the contents of SB 421(Weiner) which passed the Senate 27-9 on May 31st. In addition, the amendments to this bill slightly narrowed SB 421 by moving a number of offenses involving children or force from the 20-year registration requirement to the lifetime registration requirement.
Existing law:
- Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following:
- A statement signed in writing 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 different from the employer's main address;
- Fingerprints and a current photograph taken by the registering official;
- The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
- Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
- Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable. (Penal Code Section 290.015(a))
- States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as specified. (Penal Code § 290.011(a) to (d).)
- Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony of the offense requiring registration was a felony or if the person has a prior conviction of failing to register. (Penal Code § 290.018(a)(b).)
- Provides that 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 DOJ. (Penal Code § 290.015(b).)
- States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register shall be punishable in the state prison for 16 months, 2 or 3 years. (Penal Code Section 290.018(a)(b).)
- Requires DOJ to make information about registered sex offenders available to the public via an Internet Web site, as specified. (Penal Code § 290.46.) Requires people who are registered sex offender registrants to disclose this status to the licensee of a community care facility before becoming a client of that facility. (Health and Safety Code § 1522.01.)
- Imposes specified restrictions on persons registered as sex offenders with respect to employment in certain areas.
- Provides that the "Department of Corrections shall develop and, at the discretion of the director, and subject to an appropriation of the necessary funds, may implement a plan for the implementation of relapse prevention treatment programs, and the provision of other services deemed necessary by the department, in conjunction with intensive and specialized parole supervision, to reduce the recidivism of high-risk sex offenders." (Id.)
- Provides that "(n)otwithstanding any other law, an inmate who is released on parole for any violation of Section 288or 288.5 shall not be placed or reside, for the duration of his or her period of parole, within one-quarter mile of any school including any public or private school including any or all of kindergarten and grades 1 to 8, inclusive." (Penal Code § 3003(g) (emphasis added).)
- Creates the Sex Offender Management board to address any issue, concerns and problem related to the community management of adult sex offenders. (Penal Code § 9000 et seq)
This bill:
- Creates three tiers of sex offender registration; a person will be required to register for 10 years, 20 years or life.
- Provides that a person convicted of the specified misdemeanor and non-violent offenses shall be required to register for 10 years or 5 years if they were adjudicated as a juvenile.
- Provides that a person convicted of more serious specified sex offenses, shall be required to register for 20 years or 10 years if they were adjudicated as a juvenile.
- Provides that a person convicted of the most serious sex offenses shall be required to register for life.
- Provides that out of state offenders, with an offense which is equivalent to a California registerable offense will be placed in the corresponding tier to that offense and if there is no equivalent California offense, the person will be placed in tier two (20 years.).
- Provides that a person shall register as a tier one offender for a period of ten years unless the court states on the record reasons for requiring tier two or tier three registration.
- Provides the list of factors that the court must consider in determining whether to require tier two or tier three registration including, age and number of victims; whether the victim was a stranger and whether the person has previously been arrested or convicted of a sexually motivated offense.
- Provides that included in information disseminated to the public regarding a registered sex offender should also include the person’s current risk of sexual or violent re-offense, including but not limited to their static dynamic violence risk levels on the SARATSO risk tools.
- Provides that all tier three registrants will be posted on a public Web site with full address. All tier two registrants, except for juvenile offenders, will be posted on the public Web site with the ZIP Code for the registered address displayed. If a tier two registrant successfully completes the first 10 years of the 20-year tier and has not been convicted of a registerable offense or a serious or violent offense during the tiering period, he or she may petition the DOJ for exclusion from the public Web site for the last 10 years of the tier.
- Retains the current ability for specified registrants who received probation for an offense against a specified family member to apply for exclusion for the Web site. The person must be assessed as below average risk or very low risk to reoffend in order to be excluded from the public Web site.
- Provides that persons who were previously granted exclusion for offenses but will no longer qualify for exclusion shall receive 30-days notice from DOJ before being re-posted on the public Megan’s Law Web site.
- Sets for a procedure for a registrant who is either in tier one or tier two to petition to be removed from the sex offender registry following the expiration of his or her tier.
- Sets up a procedure for a tier three registrant to be removed from the requirement of registration after 20 years under specified circumstances.
- Provides that it will automatically clear the registry of offenders who would have been placed in tier one or two, but whose convictions are 30 years or older, who have never reoffended and who has registered for at least 10 years.
Background
California is one of the few states that requires lifetime registration with no discernment for the type of offense. Florida, South Carolina and Alabama are the only other states without some form of tiering. While this allows the public to see a majority of offenders, the public and local law enforcement have no way of differentiating between higher and lower risk sex offenders.
Sex offender registry counts for some larger states as of March 31, 2016: California 84,315; Florida 68,845; Illinois 23,755; Michigan 38,753; New Jersey 15,645; New York 30,968; Ohio 17,683; Oregon 28,736; Pennsylvania 19,257; Texas 87,149; and, Virginia 22,299. (https://www.parentsformeganslaw.org /public/meganReportCard.html)
In a 2010 report, the California Sex Offender Management Board made the following recommendations regarding a tiered registration system in California: "Recommended Changes to California Law on Sex Offender Registration and Internet Notification. It’s recommended that California amend its law on duration of registration, which should depend on individual risk assessment, history of violent convictions, and sex offense recidivism. The proposed changes to California law take into consideration the seriousness of the offender’s criminal history, the empirically assessed risk level of the offender, and whether the offender is a recidivist or has violated California’s sex offender registration law. Duration of registration would range from ten (10) years to lifetime (10/20/life). For purposes of the tiering scheme.” (<http://www.casomb.org/docs/CASOMB% 20Report%20Jan%202010_Final%20Report. pdf .)
This bill creates a tiered registry in California. Sex offenders will be required to register for 10 years, 20 years, or for life or 5 or 10 years for juvenile offenders, depending on their offense.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee analysis of SB 421 (Weiner):
- DOJ: Major one-time costs, in the range of $10 million (General Fund) over a three-year period, for major IT changes to existing data bases, as well as automated and manual record review. Significant ongoing costs, in the range of $1 million (General Fund).
- Local law enforcement: Minor to moderate cost savings, potentially in the tens of thousands of dollars (local funds) to local law enforcement agencies completing monthly and annual paperwork for less people as people in tier one and tier two would be eligible to be removed from the registry.
- State incarceration: Potential unknown out-year savings (General Fund) in the realignment from state prison to county jail of any person who was on the registry but is removed and later is convicted for committing a realigned felony offense. If one person who would have served time in state prison because of the lifetime registry serves the sentence at the local level, the state would save over $75,000 annually in detention costs.
[NOTE: The following Support and Opposition list are based upon SB 421]
CALCASA (co-source)
Los Angeles District Attorney’s Office (co-source)
Sex Offender Management Board (co-source)
Alameda County District Attorney
Alameda County Board of Supervisors
Alliance for Constitutional Sex Offense Laws
American Civil Liberties Union of California
Asian American Drug Abuse Program, Inc.
Association of Deputy District Attorneys
California Association of Code Enforcement Officers
California College and University Police Chiefs Association
California District Attorneys Association
California State Association of Counties
California Police Chiefs Association
California Narcotic Officers Association
California Public Defenders Association
California State Association of Counties
Courage Campaign
East Bay Community Law Center
Equality California
Family Safety Foundation
Friends Committee on Legislation of California
Legal Services for Prisoners with Children
Immigrant Legal Resource Center
Lawyers’ Committee for Civil Rights of the San Francisco Bay Area
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
National Employment Law Project
National Housing Law Project
Returning Home Foundation
Root & Rebound
Rubicon Programs
Voices for Progress Education Fund
Numerous individuals
OPPOSITION: (Verified 9/14/17)
None received
ARGUMENTS IN SUPPORT: According to the Los Angeles District Attorney’s Office:
Based on a survey of several municipal law enforcement agencies in California, it is estimated that local law enforcement agencies spend between 60-66% of their resources dedicated for sex offender supervision on monthly or annual registration paperwork because of the large numbers of registered sex offenders on our registry. If we can remove low risk offenders from the registry it will free up law enforcement officers to monitor the high risk offenders living in our communities. Law enforcement cannot protect the community effectively when they are in the office doing monthly or annual paperwork for low risk offenders, when they could be out in the community monitoring high risk offenders.
Furthermore, the public is overwhelmed by the number of offenders displayed online in each neighborhood and do not know which offenders are considered low risk and which offenders are considered high risk and therefore truly dangerous.
In order to address these issues with California’s Sex Offender Registry, [this bill] would abolish California’s mandatory lifetime registration and replace it with a system in which registrants are placed into one of three tiers based on the seriousness of the underlying offense. The lowest tier, Tier One, would require the offender to register for a minimum of 10 years; Tier Two would require registration for a minimum of 20 years; and Tier Three would still require lifetime registration. Sexually Violent Predators (see Welf. & Inst. Code §§ 6600 et seq.) would also be required to register for life.
The tiers that would be created by [this bill] are based on seriousness of crime, risk of sexual reoffending, and criminal history. Tier One is comprised of registrants convicted of a misdemeanor or non-serious, non-violent felony (exception: all high risk offenders are Tier 3). Tier Two is comprised of registrants convicted of a serious or violent sex offense (exception: all high risk offenders are Tier 3). Tier Three is comprised of registrants ever found to be a sexually violent predator, habitual sexual offender, repeat violent offender, or if convicted of murder or kidnap with intent to commit a sexual offense, designated forcible sexual offenses, any sex offense requiring a life term, or two child molest convictions brought and tried separately, or if the person’s score on the static risk assessment instrument for sex offenders is high risk.
Under [this bill], the minimum registration periods would begin to run upon release from custody, and would be tolled during any periods of subsequent incarceration, and restart after any subsequent conviction for failing to register, or a strike offense, or after committing a new sex offense.
9/15/17 19:12:02
**** END ****
SENATE THIRD READING
STR Bill Id:SB 384
Author:(Wiener and Anderson)
As Amended Ver:September 8, 2017
Majority vote
SENATE VOTE: (vote not relevant)
Committee | Votes | Ayes | Noes |
Governmental Organization | (vote not relevant) | ||
Appropriations | (vote not relevant) | ||
Public Safety | 5-2 | Jones-Sawyer, Gonzalez Fletcher, Quirk, Rubio, Santiago | Lackey, Kiley |
SUMMARY: Effective January 1, 2021, recasts the California sex offender registry into a three-tiered registration system for periods of 10 years, 20 years or life for a conviction in adult court of specified sex offenses, and five years or 10 years for an adjudication as a ward of the juvenile court for specified sex offenses. Specifically, this bill:
- Provides specifically that a person required to register under the Sex Offender Registration Act (Act) for an adult court conviction is subject to lifetime registration (tier three), if any of the following apply:
- The person was subsequently convicted of a violent registerable felony sex offense in a separate proceeding;
- The person was convicted of a violent felony, committed as a result of sexual compulsion or for purposes of sexual gratification, for which he or she was ordered to register;
- The person was committed to a state mental hospital as a sexually violent predator;
- The person was convicted of any of the following:
- murder while attempting to commit or committing a specified sex offense;
- kidnapping with the intent to commit a specified sex offense;
- assault with intent to commit a specified sex offense or commission of the same act(s) in the course of a first degree burglary;
- pimping a minor;
- pandering with a minor;
- procurement of a child under age 16 for lewd or lascivious acts;
- abduction of a minor for purposes of prostitution;
- aggravated sexual assault of a child;
- lewd or lascivious acts on a child under age 14 or by a caretaker upon a dependent person by force or violence, or lewd acts on a child 14 or 15 years of age by a person at least 10 years older than the child;
- sending harmful matter to a child that depicts a minor(s) engaged in sexual conduct;
- contacting a minor with the intent to commit a specified sex offense other than sodomy, oral copulation, or sexual penetration with a person under age 18;
- contacting a minor with the intent to expose oneself or engage in lewd or lascivious behavior;
- continuous sexual abuse of a child;
- sex offense with a child 10 years of age or younger;
- solicitation of rape, sodomy, or oral copulation by force or violence, or solicitation of other specified sex offenses;
- any offense for which the person is sentenced to a life term under the habitual sex offender law.
- The person's risk level on the static risk assessment instrument for sex offenders (SARATSO) is well above average risk at the time of release into the community;
- The person is a habitual sex offender;
- The person was convicted of lewd or lascivious acts on a child under age 14 in two separate proceedings brought and tried separately;
- The person was sentenced to 15 to 25 years to life for an offense under the habitual sex offender law;
- The person is required to register as a mentally disordered sex offender;
- The person was convicted of specified felony human trafficking offenses;
- The person was convicted of felony sexual battery by restraint or while the victim was unconscious of the nature of the act;
- The person was convicted of rape of a child, or by force or violence, or where the victim was prevented from resisting by an intoxicating or controlled substance, or where the victim was unconscious of the nature of the act;
- The person was convicted of spousal rape by force or violence;
- The person was convicted of rape in concert;
- The person was convicted of contributing to the delinquency of a minor involving lewd or lascivious conduct;
- The person was convicted of sodomy by force or violence, or in concert, or where the victim was unconscious of the nature of the act, or where the victim was prevented from resisting by an intoxicating or controlled substance;
- The person was convicted of oral copulation upon by force or violence, or in concert, or where the victim is unconscious of the nature of the act, or where the victim was prevented from resisting by an intoxicating or controlled substance;
- The person was convicted of an act of sexual penetration by force or violence, or where the victim is unconscious of the nature of the act, or where the victim is prevented from resisting by an intoxicating or controlled substance, or where with a child under age 14 and who was more than 10 years younger than the person;
- The person was convicted of child pornography (other than misdemeanor possession of child pornography).
- Provides that unless person is subject to registration under tier three as specified above, a person required to register under the Act for an adult court conviction of a serious or violent or other specified felony sex offense must register for a minimum of 20 years (tier two).
- Provides that unless a person is subject to registration under tier two or tier three as specified above, a person required to register under the Act for an adult court conviction of a misdemeanor or non-violent, non-serious sex offense must register for a minimum of 10 years (tier one).
- Includes provisions to address juvenile offenders, as follows:
- A person required to register under the Act for a juvenile court adjudication of a non-serious, non-violent sex offense must register for a minimum of five years (tier one); and
- A person required to register under the Act for a juvenile court adjudication of a serious or violent felony sex offense must register for a minimum of ten years (tier two).
- Provides that out of state registrants, with an offense which is equivalent to a California registerable offense, will be placed in the corresponding tier to that offense. If there is no equivalent California offense, the person will be placed in tier two. Except that the person is subject to tier three registration if one of the following applies:
- The person's risk level on the static risk assessment instrument is well above average at the time of release into the community;
- The person was subsequently convicted in a separate proceeding of an offense substantially similar to a registerable offense which is also substantially similar to a specified violent offense, or is substantially similar to aggravated sexual assault of a child or a specified sex offense with a minor 10 years of age or younger; or,
- The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator.
- Allows the Department of Justice (DOJ) to place a person required to register under the Act in a tier-to-be-determined category for up to 24 months if his or her appropriate tier designation cannot be immediately ascertained.
- States that the tier one and two registration time period commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The time period is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation shall not toll the required registration period.
- States that the minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this act, and by three years for each felony conviction of failing to register under this act, without regard to the actual time served in custody for the conviction.
- States that if a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person's release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions.
- Provides that a person ordered to register for an offense committed out of sexual compulsion or gratification, shall register as a tier one offender for a period of ten years unless the court states on the record reasons for requiring tier two or tier three registration.
- Provides the list of factors that the court must consider in determining whether to require tier two or tier three registration for an offense committed out of sexual compulsion or gratification, including: nature of the registerable offense: age and number of victims; whether the victim was a stranger; criminal and relevant noncriminal behavior; whether the person has previously been arrested or convicted of a sexually motivated offense; and the person's current risk of sexual or violent re-offense, including the person's static, dynamic, and violence risk levels.
- Provides that information disseminated by a law enforcement agency regarding a registered sex offender for public safety should also include the person's current risk of sexual or violent re-offense, including but not limited to their static, dynamic, and violence risk levels.
- Provides that effective January 1, 2022, registrants of specified sex offenses under current law and tier three registrants, excluding juvenile offenders, will be posted on a public Web site with full address. All other tier two registrants and those convicted of committing or attempting to commit annoying or molesting a minor, excluding juvenile offenders, will be posted on the public Web site with the ZIP Code for the registered address displayed.
- Provides that any registrant whose information is listed on the public Web site with the address displayed on January 1, 2022 may continue to be included on the Web site while the registrant is placed in a tier-to-be-determined category. Any registrant whose information is listed on the public Web site with the ZIP Code displayed on January 1, 2022, may continue to be included on the Web site while the registrant is placed in a tier-to-be-determined category. Any registrant whose information is not included on the Web site on January 1, 2022, and who is placed in a tier-to-be-determined category may be posted on the Web site with ZIP Code displayed.
- Deletes current provisions allowing people required to register under the Act for misdemeanor annoying or molesting a child, felony sexual battery by restraint, or specified child pornography offenses to petition for exclusion from the Web site.
- Retains the current ability for specified registrants who received probation for an offense against a family member to apply for exclusion from the Web site.
- Provides that persons who no longer qualify for exclusion shall receive 30 days notice from DOJ before being re-posted on the public Web site.
- States that provided information about a person is also displayed on the DOJ Megan's Law Web site, a law enforcement entity, as specified, may make information concerning a specific registerable person available on a public Web site if it determines it is necessary to ensure public safety based upon the current risk posed by a specific offender, including his or her risk of sexual or violent re-offense as indicated by static, dynamic, and violence risk levels.
- Sets forth a procedure, effective July 1, 2021, for a registrant who is either in tier one or tier two to petition to be removed from the sex offender registry following the expiration of his or her minimum registration period. A person required to register for an offense that was adjudicated in the juvenile court, may file the petition in juvenile court on or after his or her birthday following the expiration of the mandated minimum registration period.
- Requires that a petition to be removed from tier one or tier two be served on law enforcement and the district attorney, as specified.
- Provides DOJ with the authority to reclassify an offender whose tier was incorrectly designated due to an unassessed conviction from an out-of-state, federal, or military court.
- States that the district attorney may request a hearing on the petition if the petitioner has not fulfilled the minimum mandated registration period, including tolling and/or extension periods, or if community safety would be significantly enhanced by the person's continued registration.
- Provides that if no hearing is requested, the court shall grant the petition for termination if proof of current registration is presented, the registering agency reported the person has completed their required registration, there are no pending charges against the person which could extend the required registration period, and the person is not in custody or on parole, probation, or supervised release.
- Provides that if a hearing is requested, the district attorney shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature and facts of the registerable offense: age and number of victims; whether the victim was a stranger; criminal and relevant noncriminal behavior; length of time without re-offense; successful completion of a sex offender treatment program; and the person's current risk of sexual or violent re-offense, including the person's static, dynamic, and violence risk levels.
- States that if the petition for termination is denied, the court shall set the time period after which the person can repetition for termination, which shall be between one and five years from the date of the denial, based on the facts presented at the hearing. The court shall state the reasons for its determination on the record.
- Requires the court to notify the DOJ if a petition for termination from the registry is granted or denied.
- Sets forth a procedure, effective July 1, 2021, for a registrant who is either in tier two or tier three to petition to be removed from the sex offender registry before the expiration of his or her registration period.
- Provides that a person who is tier two may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply:
- The registerable offense involved no more than one victim 14 to 17 years of age, inclusive;
- The offender was under 21 years of age at the time of the offense;
- The registerable offense is not a specified violent felony, except lewd or lascivious acts with a child under 14 years of age; and
- The registerable offense is not a human trafficking offense.
- Specifies that a person who is tier two may file a petition with the superior court for termination from the registry only if he or she has not been convicted of a new offense requiring sex offender registration or a specified violent felony since release from custody on the offense requiring registration and has registered for 10 years. If the petition is denied, the person may not repetition for at least one year.
- Provides that a person required to register as tier three based solely on his or her risk assessment level may petition the court for termination from the registry after 20 years from release from custody on the registerable offense if the person has not been convicted of a new offense requiring sex offender registration or a specified violent offense since the person was released from custody on the offense requiring registration, and the person has registered for 20 years. However, a person required to register for a conviction of lewd or lascivious acts on a child or a specified serious offense who is a tier three based on his or her risk level, shall not be permitted to petition for removal from the registry. If the petition is denied, the person may not re-petition for termination for at least three years.
- Requires the court, in ruling on a petition for early termination of tier two or trier three registration, or a petition to be placed in tier two rather than tier three, to determine whether community safety would be significantly enhanced by requiring continued registration or continued placement in tier three, respectively. The court may consider the following factors: whether the victim was a stranger; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior; whether the offender has successfully completed a sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the person's current risk of sexual or violent reoffense, including the person's static, dynamic, and violence risk levels, if known.
- Provides that the Sex Offender Management Board shall address any issues, concerns, and problems related to the community management of sex offenders, as opposed to only adult sex offenders.
- Specifies that a certificate of rehabilitation issued on or after July 1, 2021, does not relieve a person of the obligation to register under the Act unless the person is granted relief under the petition process for removal from the registry.
EXISTING LAW:
- Requires persons convicted of specified sex offenses, juveniles adjudicated for specified sex offenses and who were committed to the Division of Juvenile Justice, sexually violent predators, and mentally disordered sex offenders, to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following:
- A statement signed in writing by the person, giving information as shall be required by the DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
- Fingerprints and a current photograph taken by the registering official;
- The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
- A list of all Internet identifiers actually used by the person, as specified;
- A written statement signed by the person acknowledging the requirement to register and update their information;
- Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
- Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
- Provides that 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 DOJ.
- States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life, as specified.
- Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony, except as specified, if the offense requiring registration was a felony or if the person has a prior conviction or juvenile adjudication of failing to register.
- States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register, with specified exceptions, shall be punishable in the state prison for 16 months, two or three years.
- States that if a person is a mentally disordered sex offender, has been found not guilty by reason of insanity of an offense for which registration is required, or has had a petition sustained in a juvenile adjudication for an offense for which registration is required but has been found not guilty by reason of insanity, failure to register is a misdemeanor and must be punished by up to one year in county jail. A subsequent violation is a felony punishable by a state prison term of 16 months, two or three years.
- States that a person other than a sexually violent predator who is required to register as a transient and who willfully fails to update his or her registration every 30 days is guilty of a misdemeanor and must be punished by a county jail term of 30 days to six months. A violation may not be charged more often than once in any period of 90 days.
- Requires the DOJ to make information about registered sex offenders available to the public via an Internet Web site, as specified. The DOJ is required to include on this Web site a registrant's name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, any other information that the DOJ deems relevant unless expressly excluded under the statute. Requires the DOJ to include on its Internet Web site either the home address or zip code of residence of persons who are required to register as sex offenders based upon their registration offense
- Requires people who are registered sex offenders to disclose this status to the licensee of a community care facility before becoming a client of that facility.
- Provides that before a person required to register as a sex offender is released to a long-term health care facility, the Department of Corrections and Rehabilitation, the Department of State Hospitals, or other official in charge of the place of confinement must notify the facility, in writing, that the person is being released to reside at the facility.
- Provides that a person required to register as a sex offender must disclose that status when applying for or accepting a position, either as an employee or a volunteer, where the registrant would be working, directly and unaccompanied, with minors on more than an incidental and occasional basis or would have authority to supervise or discipline minor children. This disclosure requirement applies also where the registrant would be working directly and in an accompanied setting with minor children, and the work would require him or her to touch the children on more than an incidental basis.
- Imposes specified restrictions on persons registered as sex offenders with respect to employment in certain areas, such as in education, community care facilities, residential care facilities, residential care facilities for the elderly, day care facilities, engaging in the business of massage, physicians and surgeons, registered nurses, and others.
- Provides that "(n)otwithstanding any other law, an inmate who is released on parole for any violation of Section 288[[1]] or 288.5[[2]] whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her period of parole, within one-quarter mile of any school including any public or private school including any or all of kindergarten and grades 1 to 12, inclusive."
- Creates the Sex Offender Management board to address any issues, concerns and problems related to the community management of adult sex offenders.
- Provides that a certificate of rehabilitation relieves a person who is not in custody, on parole, or on probation of any further duty of registration, where the conviction leading to the requirement is not for a specified offense. A person who has obtained a certificate of rehabilitation for a specified offense must obtain a full pardon before he or she is relieved of the duty to register. However, the requirement of a pardon does not apply to misdemeanor violations of annoying or molesting child. Also, the court may relieve a person of the registration requirement, without a pardon, if the petition for a certificate of rehabilitation was granted before 1998, the conviction was for violating lewd act with child or continuous sexual abuse of child, the person was granted probation, and the person has complied with registration requirements and not been convicted of a felony for 10 years before filing the petition.
- Requires persons convicted of specified sex offenses, juveniles adjudicated for specified sex offenses and who were committed to the Division of Juvenile Justice, sexually violent predators, and mentally disordered sex offenders, to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following:
- A statement signed in writing by the person, giving information as shall be required by the DOJ and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address;
- Fingerprints and a current photograph taken by the registering official;
- The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant;
- A list of all Internet identifiers actually used by the person, as specified;
- A written statement signed by the person acknowledging the requirement to register and update their information;
- Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and,
- Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable.
- Provides that 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 DOJ.
- States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life, as specified.
- Provides that willful violation of any part of the registration requirements constitutes a misdemeanor if the offense requiring registration was a misdemeanor, and constitutes a felony, except as specified, if the offense requiring registration was a felony or if the person has a prior conviction or juvenile adjudication of failing to register.
- States that a misdemeanor failure to register shall be punishable by imprisonment in a county jail not exceeding one year, and a felony failure to register, with specified exceptions, shall be punishable in the state prison for 16 months, two or three years.
- States that if a person is a mentally disordered sex offender, has been found not guilty by reason of insanity of an offense for which registration is required, or has had a petition sustained in a juvenile adjudication for an offense for which registration is required but has been found not guilty by reason of insanity, failure to register is a misdemeanor and must be punished by up to one year in county jail. A subsequent violation is a felony punishable by a state prison term of 16 months, two or three years.
- States that a person other than a sexually violent predator who is required to register as a transient and who willfully fails to update his or her registration every 30 days is guilty of a misdemeanor and must be punished by a county jail term of 30 days to six months. A violation may not be charged more often than once in any period of 90 days.
- Requires the DOJ to make information about registered sex offenders available to the public via an Internet Web site, as specified. The DOJ is required to include on this Web site a registrant's name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, any other information that the DOJ deems relevant unless expressly excluded under the statute. Requires the DOJ to include on its Internet Web site either the home address or zip code of residence of persons who are required to register as sex offenders based upon their registration offense
- Requires people who are registered sex offenders to disclose this status to the licensee of a community care facility before becoming a client of that facility.
- Provides that before a person required to register as a sex offender is released to a long-term health care facility, the Department of Corrections and Rehabilitation, the Department of State Hospitals, or other official in charge of the place of confinement must notify the facility, in writing, that the person is being released to reside at the facility.
- Provides that a person required to register as a sex offender must disclose that status when applying for or accepting a position, either as an employee or a volunteer, where the registrant would be working, directly and unaccompanied, with minors on more than an incidental and occasional basis or would have authority to supervise or discipline minor children. This disclosure requirement applies also where the registrant would be working directly and in an accompanied setting with minor children, and the work would require him or her to touch the children on more than an incidental basis.
- Imposes specified restrictions on persons registered as sex offenders with respect to employment in certain areas, such as in education, community care facilities, residential care facilities, residential care facilities for the elderly, day care facilities, engaging in the business of massage, physicians and surgeons, registered nurses, and others.
- Provides that "(n)otwithstanding any other law, an inmate who is released on parole for any violation of Section 288[[3]] or 288.5[[4]] whom the Department of Corrections and Rehabilitation determines poses a high risk to the public shall not be placed or reside, for the duration of his or her period of parole, within one-quarter mile of any school including any public or private school including any or all of kindergarten and grades 1 to 12, inclusive."
- Creates the Sex Offender Management board to address any issues, concerns and problems related to the community management of adult sex offenders.
- Provides that a certificate of rehabilitation relieves a person who is not in custody, on parole, or on probation of any further duty of registration, where the conviction leading to the requirement is not for a specified offense. A person who has obtained a certificate of rehabilitation for a specified offense must obtain a full pardon before he or she is relieved of the duty to register. However, the requirement of a pardon does not apply to misdemeanor violations of annoying or molesting child. Also, the court may relieve a person of the registration requirement, without a pardon, if the petition for a certificate of rehabilitation was granted before 1998, the conviction was for violating lewd act with child or continuous sexual abuse of child, the person was granted probation, and the person has complied with registration requirements and not been convicted of a felony for 10 years before filing the petition.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
- Significant ongoing cost in the tens of millions of dollars (General Fund (GF)) to the DOJ, including $10 – 15 million the first two years for one-time information technology costs to transition from lifetime-based sex offender registration to the new three-tier system and for processing the over 40,000 requests of individuals eligible to petition for termination. Ongoing costs include staff to process tiering, exclusions, and terminations, as well as outreach and coordination with law enforcement agencies. The costs to the DOJ for the first six years is estimated to exceed $60 million, including staff and information technology costs. There will be some unknown savings to DOJ by eliminating the current annual reporting requirement on qualifying sex offenders.
- Unknown cost pressures on the trial courts (Trial Court Trust Fund/GF) if termination requests are denied and/or challenged and a hearing is required. .
COMMENTS: According to the author, "[This bill] reforms California's sex offender registry so that it can actually be used to keep communities safe.
"Right now, we treat all sex offenders the same, regardless of the person's risk of reoffense. Whether you're a sexual predator or an 80-year-old gay man caught having sex in a park in 1958, you're treated the same: you're on that registry for life. The only other states that still use this draconian, outdated, ineffective, and unfair approach are Alabama, South Carolina, and Florida. In fact, federal law requires states to adopt a tiered registry system, and California [sic] in violation of that requirement.
"This unfair system has led to California's registry being so bloated - more than 100,000 people – that law enforcement cannot effectively use it. When something terrible happens and law enforcement pulls the list of registered sex offenders to look at suspects, the list is often so large that it's useless. That's because it isn't based on risk of reoffense. The size of the registry also leads to law enforcement spending a huge amount of resources on paperwork for people who don't pose a risk to anyone.
"As a result, a broad coalition of law enforcement agencies - including district attorneys, police chiefs, and sheriffs - support [this bill], as does CalCASA, our state's advocacy organization for sexual assault survivors.
"In addition to undermining effective law enforcement, overbroad registration also has significant negative impacts on individuals, their families, and their communities. People required to register for life face lifetime barriers to stable housing, leading to higher rates of homelessness, drug addiction, and mental illness, and they face barriers to employment leading to greater rates of poverty. Family members, particularly children, are impacted by the stigma of having a loved one on the registry. By creating a path off for people who are rehabilitated, [this bill] will make our system fairer and more just.
"Our current global lifetime registry as particularly negative impacts on LGBT people, largely gay men, who were targeted by police for simply engaging in same-sex sexual contact when that conduct was criminalized. These gay men - who couldn't have sex at home and who thus did so in public, whether in a park or in a car - were cited for indecent exposure or a similar charge. They thus became lifetime registered sex offenders. In many cases, these arrests were due to anti-LGBT discrimination and police entrapment. It's unconscionable that these men, who are as old as 80 or 90 years old, are stuck on this broken registry.
"Other LGBT victims of this system include young men who have sex with other young men and find themselves registered as sex offenders for life. If an 18 year old gay man has sex with a 17 year old gay man, he must register for life. If an 18 year old straight man has sex with a 17 year old woman, he doesn't have to register. This bill would remove these people from the registry along with others in similar circumstances and put a new, efficient, risk-based system in place. That's why Equality California is also a sponsor of the bill. California urgently needs a new registration system that improves public safety by focusing attention and resources on high risk and violent sex offenders. [This bill] does what we should have done a long time ago: focus California's sex offender registry on risk of re-offense. The sociopaths will remain on the registry for life. Others will be able to petition to be removed from the registry after either 20 years or 10 years of registration. No one will automatically be removed. They'll have to petition the court, and law enforcement will have the opportunity to oppose the petition if they deem it appropriate.
"After decades of research, we now have a much better sense of who is at high risk of reoffending and who is not. The current registry doesn't account for this. [This bill] was developed by California's Sex Offender Management Board - chaired by Nancy O'Malley, the District Attorney of Alameda County - in consultation with law enforcement and victims' advocacy organizations, and reflects the best practices on how to effectively manage sex offenders to protect the public."
Analysis Prepared by: Cheryl Anderson / PUB. S. / (916) 319-3744 FN: 0002274
Penal Code Section 288 pertains to lewd or lascivious acts on a child, as specified. ↑
Penal Code Section 288.5 pertains to continuous sexual abuse of a child, as specified. ↑
Penal Code Section 288 pertains to lewd or lascivious acts on a child, as specified. ↑
Penal Code Section 288.5 pertains to continuous sexual abuse of a child, as specified. ↑
SENATE THIRD READING
STR Bill Id:SB 384
Author:(Wiener and Anderson)
As Amended Ver:September 5, 2017
Majority vote
SENATE VOTE: 27-9
Committee | Votes | Ayes | Noes |
Governmental Organization | 15-4 | Gray, Aguiar-Curry, Bonta, Brough, Cooley, Cooper, Daly, Gallagher, Eduardo Garcia, Gipson, Jones-Sawyer, Kiley, Low, Rubio, Salas | Bocanegra, Gloria, Levine, Waldron |
Appropriations | 12-0 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, Chau, Eggman, Friedman, Eduardo Garcia, Jones-Sawyer, Obernolte, Reyes |
SUMMARY: Would require the Department of Alcoholic Beverage Control (ABC), on or before April 1, 2018, to convene and appoint members to an Extended Hours for Alcohol Sales Task Force (Task Force) to review and advise the Legislature, as provided, regarding the community, fiscal, and health impact of extending the hours of alcohol sales to 4 a.m. Provides until December 1, 2019, the Task Force shall meet at least once per quarter and, on or before that date, shall release a report to the Legislature that makes recommendations on how to mitigate any potential adverse community, fiscal, or health impacts associated with extending the sale of alcohol to 4 a.m., as specified. Specifically, this bill:
- Provides on or before April 1, 2018, the Department of Alcoholic Beverage Control (ABC) shall convene and appoint members to an Extended Hours for Alcohol Sales Task Force to review and advise the Legislature, as provided, regarding the community, fiscal, and health impact of extending the hours of alcohol sales to 4 a.m.
- States that the membership of the Task Force shall be as follows:
- Three members from law enforcement, including one representative from the California Highway Patrol, one representative from the chiefs of police, and one representative from county sheriffs.
- One representative from the State Department of Public Health and one local health officer.
- One representative from the restaurant, bar, or tourism industry.
- One representative from an organization that aims to reduce alcohol abuse or reduce the prevalence of drunk driving.
- One representative from a college or university who is determined by the director to understand the impact of an extended hours of alcohol sales on campus life or on the student population.
- One representative from a neighborhood association or community planning group.
- One representative from an employee organization that represents employees in the restaurant, bar, or tourism industry and one representative from an employee organization that represents the department's enforcement employees.
- One representative from an organization that represents California cities and one representative from an organization that represents California counties.
- One representative from a local transit agency and one representative from the California Department of Transportation.
- States the director shall consider geographic diversity when appointing members to the Task Force.
- Provides until December 1, 2019, the Task Force shall meet at least once per quarter and, on or before that date, shall release a report to the Legislature that makes recommendations on how to mitigate any potential adverse community, fiscal, or health impacts associated with extending the sale of alcohol to 4 a.m.
- Provides the report to the Legislature shall include all of the following:
- A discussion of the potential public health and public safety effects of extended hours and recommendations for state and local policies that may help mitigate any harmful public health or public safety impacts identified, if applicable.
- A discussion of the potential direct and indirect fiscal costs for state and local governments, including on state and local enforcement costs, public transportation costs, and any other identified costs associated with accommodating extended hours of sale, and recommendations on state and local policies that may mitigate these direct and indirect fiscal costs, if applicable.
- A discussion of the potential impacts identified, as specified, for local jurisdictions that do not allow extended hours of sale but are located nearby local jurisdictions that have approved an extended hours of sale.
- Provides the report shall be submitted, as defined, in Government Code Section 9795.
EXISTING LAW:
- The enactment of the 21st Amendment to the United States (U.S.) Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition. Accordingly, states were granted the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.
- Establishes ABC and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
- Provides that the ABC Act is intended to protect the safety, welfare and morals of the residents of this state, eliminate the unlawful selling and disposing of alcoholic beverages, and to promote temperance in the use and consumption of alcoholic beverages.
- Provides that any on-sale or off-sale licensee, or agent or employee of the licensee, who sells, gives or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. (Business and Professions (B&P) Code Section 25632)
- Provides ABC must deny an application for a license if issuance would create a law enforcement problem, or if issuance would result in, or add to, an undue concentration of licenses in the area where the license is desired. For liquor stores and other specified retail licenses, however, the ABC is authorized to issue a license if the respective local government determines that public convenience or necessity would be served by granting the license.
- Caps the number of new on and off-sale general licenses issued by ABC at one for every 2,500 inhabitants of the county where the establishment is located (2,000:1 for on-sale licenses). If no licenses are available from the state due to the population restrictions, those people interested in obtaining a liquor license may purchase one from an existing licensee, for whatever price the market bears. In 1994, the Legislature approved a three-year moratorium on the issuance of new off-sale beer and wine licenses, which at the time was not bound by any population to license restriction. In 1997, this moratorium was made permanent.
- Defines an "on-sale" license as authorizing the sale of all types of alcoholic beverages: namely, beer, wine and distilled spirits, for consumption on the premises (such as at a restaurant or bar):
- On-Sale General: Authorizes the sale of all types of alcoholic beverages: namely, beer, wine and distilled spirits, for consumption on the premises, and the sale of beer and wine for consumption off the premises.
- On-Sale Beer and Wine: Authorizes the sale of all types of wine and malt beverages (e.g., beer, porter, ale, stout and malt liquor) for consumption on and off the premises.
- On-Sale Beer: Authorizes the sale of malt beverages for consumption on and off the premises. (B&P Sections 23393, 23394, 23396 and 23399)
- Defines "bona fide public eating place" as a licensed premises that are maintained in good faith and used for the regular service of meals to patrons. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. There are no restrictions regarding minors entering or remaining on premises licensed and maintained and operated as a bona fide public eating-place.
- States an "off-sale" license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original, sealed containers.
FISCAL EFFECT: Unknown increased costs for the Department of Alcoholic Beverage Control (ABC) to hold quarterly public meetings over the life of the Taskforce.
COMMENTS:
Background: The enactment of the 21st Amendment to the U.S. Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition. Accordingly, states were granted the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages. In California, this responsibility was originally entrusted to the State Board of Equalization. In 1955, however, the State Constitution was amended to shift this responsibility to the newly established ABC. The intent in establishing the ABC was to create a governmental organization, which would ensure strict, honest, impartial, and uniform administration and enforcement of the state's liquor laws. The ABC is vested with the exclusive authority to license and regulate the manufacture, distribution and sale of alcoholic beverages within California. ABC is a special fund department that receives funding from fees imposed upon alcoholic beverage licensees.
There are more than 87,000 ABC licenses throughout the state – this includes both on-sale and off-sale establishments that sell beer and wine, and on-sale and off-sale general licensees that are authorized to sell distilled spirits, including beer and wine. More than 40,000 ABC on-sale licenses (Types 40, 41, 42, 47, and 48) could be impacted by the authorization of this bill. Since 1935, California alcohol licensed businesses have been prohibited from selling, serving and allowing open containers of beverage alcohol to remain in the public portion of the business from 2 a.m. to 6 a.m. All ABC licenses are renewed on a 12-month basis.
The ABC is required to investigate both the applicant and the premises for which a license is applied to determine if the public would be adversely affected by the license issuance. These investigations include an evaluation of the moral character of the applicant and the suitability of the proposed premises. The ABC must deny an application for a license if issuance would create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses in the area where the license is desired. For liquor stores and other specified retail licenses, however, the ABC is authorized to issue a license if the respective local government determines that public convenience or necessity would be served by granting the license.
Under the ABC Act, ABC has the authority to suspend, revoke or deny a license if it determines that granting or continuance of the license would be contrary to public welfare or morals. ABC has a clearly delineated disciplinary process for its licensees. The process usually begins with a reported violation then proceeds through an investigation after which an accusation can be filed. ABC conducts administrative hearings with decisions generally proposed by administrative law judges. The process can also include appeals to the ABC Appeals Board and, if necessary and requested, an appeal directly to the California Appellate Courts. However, there is wide variance in the period from the discovery of a violation to a final order of suspension or revocation.
State v. Local Control of Alcohol Policy: Much to local government's frustration, both the state Constitution and the ABC Act generally prohibit local governments from regulating the sale of alcoholic beverages within their jurisdictions. Exacerbating this sentiment is the perception that ABC is under-funded and understaffed with less than 200 enforcement agents available to police the almost 87,000 retail licenses in the state.
Over the years, local governments have often petitioned the Legislature for greater authority to directly regulate establishments that sell alcohol (e.g., restricting the hours of operation of problem premises, or limiting the sale of certain products such as fortified wines or high alcohol content malt beverages). Much of this activity has been centered on local government's use of zoning laws and conditional use permits that place operating conditions on new businesses that sell alcohol. While current law prohibits the ABC from issuing a new license in an area not locally zoned for that type of business activity, those establishments in existence prior to any local zoning action are "grandfathered" and therefore beyond the reach of the local government – a source of contention for local governments.
In 1995, the ABC Act was amended to allow a local government to comment on a pending alcohol license application. This raised the standard for an on-sale or off-sale licensee in an area of high crime or an over-concentrated census tract to get their license application approved. ABC license applicants need to have the local government indicate that the pending license is a "public convenience or necessity" (PCN). Before a license can be issued, ABC requires an applicant to obtain any zoning permits that may be required by a local municipality. These zoning permits are most often called "conditional use permits" (CUP) and, the CUP process may occur concurrently with the state process.
Historically, the alcohol industry and retailers have opposed ceding to local government any measure of the state's exclusive authority to regulate alcohol. The industry has advocated that matters relating to the regulation of alcohol should be determined at the state level, as opposed to an assortment of local regulations, which may vary from local jurisdiction to local jurisdiction.
Disorderly house law: A disorderly house is a licensed premises that disturbs the neighborhood or is maintained for purposes that are injurious to the public morals, health, convenience or safety. For example, a licensed outlet that 1) disturbs the neighborhood with noise, loud music, loitering, littering, vandalism, urination or defecation by patrons, graffiti, etc.; or 2) has many crimes ongoing inside, such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot. Any licensee, or employee of any licensee, who keeps or permits such a disorderly house is guilty of a misdemeanor, and the license is subject to disciplinary action. (B&P Code Sections 25601 and 24200)
What is a "public premises"? No person under 21 years of age is allowed on public premises. There are two classes of public premises: 1) As to on-sale general and on-sale beer and wine licenses, this means premises maintained and operated for the sale and service of alcoholic beverages to the public for consumption on the premises, and in which food is not sold or served to the public as in a bona fide eating place, although food products may be sold or served incidentally to the sale or service of alcoholic beverages; and 2) As to on-sale beer licenses, this means premises maintained and operated for sale or service of beer to the public for consumption on the premises, and in which no food is sold or served. (B&P Section 23029 and Rule 67.1)
Closing times in various states: Alcohol last call laws for on-sale consumption vary widely from state to state:
Midnight: Mississippi*
1 a.m. – 1:30 a.m. – Delaware, Idaho*, Maine, Massachusetts (until 2a.m. in Boston), Missouri*, Nebraska*, New Hampshire, Rhode Island, and Utah.
2 a.m. – 2:30 a.m. – Alabama, Arizona, Arkansas, California, Colorado, Connecticut
D.C., Florida* (cities have passed exemptions to the law which vary from 3 a.m. to 5 a.m.) Georgia*, Hawaii*, Iowa, Kansas, Kentucky (4 a.m. in Louisville), Maryland*, Massachusetts, Michigan, Minnesota, Montana, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Vermont, Virginia, Washington*, Wisconsin (no closing time on New Year's Day), and Wyoming.
3 a.m. – 3:30 a.m. – District of Columbia*, Indiana, and Tennessee, West Virginia.
4 a.m. – 5 a.m. - Alaska, Illinois* (closing hours are up to the decision of counties or towns), New York*.
24 hours – Louisiana * (2 a.m. in some municipalities), Nevada, and New Jersey*
* Varies by state law or local ordinance – Counties and local municipalities may set/restrict opening and closing times for establishments that sell alcoholic beverages. (See sample of states below)
Alabama: Alcohol can be served 24-hrs unless restricted by local ordinances, 26 of Alabama's 67 counties allow no alcohol to be sold, though possession and consumption remains legal. On and off-premise liquor sales are limited to 2 A.M on Sundays.
District of Columbia: The day before a federal or district holiday, on-premises retailers may sell until 3 a.m. On New Year's Eve, on-premises retailers may sell until 4 a.m. on January 1.
Florida: The county or municipality in which the business is located regulates the operating hours. Most cities stop serving alcohol at 2 a.m. However, some cities have passed exemptions to the law, notably Tampa, St. Petersburg, Tallahassee, and Pinellas County (3 a.m.), Broward County (4 a.m.), Key West (4 a.m.), and Miami-Dade County (5 a.m.).
Georgia: Hours of sale determined by local jurisdiction. In Atlanta, most bars are allowed to close at 2:30 a.m.
Hawaii: In Honolulu County only, bars stop serving alcohol at 2 a.m., unless they have a "cabaret license", which gives them until 4 a.m.
Idaho: A county or city may, however, by ordinance, allow the sale of alcohol by the drink on a Sunday, Memorial Day and Thanksgiving, and may also extend until 2 o'clock a.m. the hours of the sale of alcoholic beverages by the drink.
Illinois: Closing times depend on municipality. Businesses may not serve alcoholic beverages later than 2 a.m., Sunday through Friday, or later than 3 a.m. on Saturday without first obtaining an extended hours permit from the city. In Chicago, a late hour license allows the sale of alcohol until 4 a.m. Monday-Saturday and until 5 a.m. on Sunday.
Louisiana: No state imposed restrictions on on-premises hours. "24 hour" bars are common in New Orleans and in Jefferson Parish. Some municipalities and parishes (including Baton Rouge and East Baton Rouge Parish) require on-premises service to stop at 2 a.m.
Mississippi: Last call statewide is midnight, but municipal or county governments may, by ordinance, extend those hours. In certain specified areas, the hours for sale are extended or restricted. Most cities and counties close between Midnight and 2 a.m. but some are open until 3 a.m. On New Year's Eve, all on-premises permittees may remain open until 1 a.m. Most casinos do not have a last call. Currently, 34 (of 82 total) counties in Mississippi do not sell distilled spirits to customers.
Missouri: Special licenses available for bars and nightclubs that allow selling alcohol until 3 a.m. in Kansas City, Jackson County, North Kansas City, St. Louis, and St. Louis County.
Nebraska: State law sets the standard closing time at 1 a.m. but allows local governments to reduce or extend their hours as late as 2 a.m. with a super-majority vote of the city council, village board or county board. Lincoln and Omaha both adopted 2 a.m. closing times in 2010, the first year it was allowed by the Legislature.
New Jersey: Each municipality can control hours by local ordinance. Most municipalities have a last call of 2 or 3 a.m. Atlantic City, Brigantine, Absecon, Elwood, Pomona, Smithville, Galloway, and Mullica (all in Atlantic County) serve 24 hours.
New York: Under state law, establishments must stop serving alcohol by 4 a.m., however the actual closing time is left up to each of New York's 62 counties. The 4 a.m. time applies in New York City, Saratoga Springs, Buffalo, and Albany. Binghamton is 3 a.m. Syracuse and Rochester are at 2 a.m. Elmira, Geneva, and Ithaca have a time of 1 a.m.
South Carolina: Has no statewide restriction on beer and wine sales past 2 a.m., but does not allow sales of distilled spirits after 2 a.m.
Washington: A local government subdivision may fix later opening hours or earlier closing hours than those specified, so long as the hours apply to all licensed premises in the local government subdivision's jurisdiction.
Related legislation: AB 471 (Ting) of the current legislative session. Would allow ABC to issue up to five new special on-sale general licenses per year, until a total of 30 is reached, for premises located in certain neighborhoods in San Francisco, as defined. Each neighborhood is allowed a specified number of new licenses.
Prior legislation: SB 635 (Leno) of 2013. Would have allowed an on-sale alcohol licensee to apply to ABC to authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located. (Held in Senate Governmental Organization Committee)
AB 1739 (Governmental Organization Committee), Chapter 744, Statutes of 2007. Among other thing, modified an existing provision of the ABC Act relative to hours of sale and delivery of alcoholic beverages to clarify that, during a change from Pacific standard time to Pacific daylight time, or back again to Pacific standard time, 2 a.m. means two hours after "midnight."
AB 2433 (Leno) of 2004. Would have extended the hours of alcohol sales for on-sale licensees in the City and County of San Francisco from 2 a.m. to 4 a.m. (Held in Assembly Governmental Organization Committee)
AB 701 (Horton) of 2003. Would have provided that an on-sale license that is open for business and sells or offers for sale alcoholic beverages past 1 a.m. may not sell or serve more than one alcoholic beverage to a person less than 15 minutes prior to closing time. (Amended to address a horse racing issue)
Chapter 152 of 1953. Codified Chapter 330 of the Statutes of 1935, of the Act. In part, prohibited the sale of alcoholic beverages by an on-sale licensee between the hours of 2 a.m. and 6 a.m.
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531 FN: 0001907
Date of Hearing: August 23, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
SBPCA Bill Id:SB 384
Author:(Wiener) – As Amended Ver:August 21, 2017
Policy Committee: | Governmental Organization | Vote: | 15 - 4 |
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill allows, between January 1, 2020 and January 1, 2025, certain on-sale licensees to sell, give, or purchase alcoholic beverages on licensed premises between the hours of 2 a.m. and 4.a.m, if certain conditions occur. In summary, this bill:
- Allows the Department of Alcoholic Beverage Control (ABC) to issue a non-transferable “additional hours permit” for an individual on-sale licensed premise within a city, county, or a city and county, if the local governing body develops a local plan with specified information, as defined, and adopts that plan by an ordinance. That ordinance must then be submitted to ABC, who must review it for compliance.
- Prohibits an on-sale licensee from applying for an additional hours permit if ABC has not received the adopted ordinance or if the licensee has conditions on its current license that restrict the hours of sale, service, or consumption of alcohol or if applicable employees have not completed a responsible beverage training course.
- Requires an applicant to notify local law enforcement agencies, residents located within 500 feet of the premises, and other interested parties; and requires ABC to investigate whether the additional hours permit would unreasonably interfere with residents’ quiet enjoyment of their property and to adopt rules and regulations to enforce the provisions of this bill.
- Sets out procedures for how protests to an application may be filed and how ABC may reject or accept those protests or respond to a request for a hearing.
- Creates a $2,500 annual license fee for an extended hours permit, 30% of which must go towards grants to local governments to help cover additional enforcement costs related to this permit.
FISCAL EFFECT:
- Annual costs of $750,000 in 2018-19, $2.1 million in 2019-20, and $2.4 million in 2020-21 (Special Fund) for ABC to develop the program and process an expected surge of local plans and new license applications. Major cost drivers are the staffing and resources needed for legal, licensing, and enforcement-related activities, investigations, and enforcement coverage during the 2 am to 4 am hours. These costs would be offset by an application fee and annual fees.
- Unknown amount to be distributed to local law enforcement agencies to help cover the costs of law enforcement. It is unclear the extent to which the identified funding stream – 30% of the annual $2,500 license fee – would adequately cover additional law enforcement costs related to extended bar and restaurant hours. As an illustrative example: Even if every single one of San Francisco County’s 3,030 on-sale licensees acquired an additional hours permit, then the license fee revenue available for grants to local law enforcement would be in the range of $2.3 million. The costs for ABC to administer this grant program would be minor and absorbable.
COMMENTS:
- Background. California ABC has the exclusive authority to license and regulate the manufacturing, distribution, and sale of alcoholic beverages within the state. Currently, approximately 50,000 on-sale licensees exist in the state. Over the years, local governments have requested to have increased authority to directly regulate establishments that sell alcohol in respective communities, especially concerning zoning laws and conditional use permits. Since 1935, California alcohol licensed businesses have been prohibited from selling, serving and allowing open containers of beverage alcohol to remain in the public portion of the business from 2 a.m. to 6 a.m.
- Purpose. According to the author, SB 384 will provide local governments and communities an optional tool by allowing for conditional extended service hours permits, including extended service hours only on holidays or specified days of the week. The author notes that social and nightlife venues are an economic driver in many communities, and California’s destination cities are at a disadvantage when competing with cities outside the state where bars and restaurants are open for longer hours.
- Recent legislation. SB 635 (Leno), of the 2013-14 Legislative Session, which was similar to this bill, was held in the Senate Governmental Organization Committee, and AB 2433 (Leno), of the 2003-04 Legislative Session, which was also similar to this bill, was also held in the Assembly Governmental Organization Committee.
Analysis Prepared by: Luke Reidenbach / APPR. / (916) 319-2081
Date of Hearing: July 5, 2017
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Adam Gray, Chair
SBPCA Bill Id:SB 384
Author:(Wiener) – As Amended Ver:June 29, 2017
SENATE VOTE: 27-9
SUBJECT: Alcoholic beverages: hours of sale
SUMMARY: Establishes a process, as described, whereby an on-sale licensee may apply to the Department of Alcoholic Beverage Control (ABC) for authorization to sell, give, or purchase alcoholic beverages at on-sale licensed premises (such as bars, restaurants and nightclubs) between the hours of 2 a.m. to 4 a.m. Specifically, this bill:
1) States ABC may issue an "additional hours permit" which would authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at an individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county, or its designated subordinate officer or body does the following:
a) Develops and approves a local plan, relative to the additional hours of service, that:
(1) Shows the public convenience or necessity will be served.
(2) Identifies the area that will be affected and indicates how the area will benefit.
(3) Exhibits resident and business support.
(4) Includes an assessment by local law enforcement regarding the potential impact on the area and a public safety plan, created by local law enforcement, for managing those impacts;
(5) Shows that transportation services are readily accessible in the area during the additional service hours.
(6) Includes programs to increase public awareness of the transportation services available and the impacts of alcohol consumption.
b) Resolves and certifies the local plan and submits it to the ABC.
2) Provides ABC may review the local plan, to ensure compliance with existing law.
3) States an on-sale licensee shall not apply for an additional hours permit until ABC has received the local plan of the city, county, or city and county in which the licensed premises is located.
4) States upon receipt of an application by an on-sale licensee for an additional hours permit, ABC shall make a thorough investigation to determine whether the additional hours permit sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicant’s licensed premises are located.
5) States the applicant shall notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which an additional hours permit is sought, and any other interested parties, as determined by the local governing body, of the application by an on-sale licensee for an additional hours permit within 30 consecutive days of the filing of the application, in a manner determined by the local governing body.
6) Provides that protests may be filed within 30 days from the first date of notice of the filing of an application for additional hours. Also, permits ABC to extend the 30-day period by an additional 20 days.
7) Provides ABC may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon. If, after investigation, ABC recommends that additional hours permit be authorized notwithstanding a public protest by a public agency or a public official, ABC must notify the agency or official in writing of its determination and the reasons therefor. In addition, provides that the if ABC rejects a protest, a protestant whose protest has been rejected may, within 10 days, file an accusation with ABC alleging the grounds of the protest as cause for revocation of the additional hours permit and ABC shall hold a hearing, as specified.
8) Provides nothing shall not be construed as prohibiting or restricting any right that the individual making the protest might have to a judicial proceeding.
9) Provides if, after investigation, ABC recommends that an additional hours permit be issued, with or without conditions, notwithstanding that one or more protests have been accepted by ABC, the department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
10) Provides that any person who has filed a verified protest in a timely fashion that has been accepted by ABC may request a hearing on the issue or issues raised in the protest. The request must be in writing and filed with ABC within 15 business days of the date the department notifies the protesting party of its determination. At any time prior to the issuance of a permit, ABC may accept a late request for a hearing upon a showing of good cause. Any determination of ABC shall not be an issue at the hearing nor grounds for appeal or review.
11) Provides if a request for a hearing is filed with ABC, as specified, the department shall schedule a hearing on the protest. The issues to be determined at the hearing shall be limited to those issues raised in the protest or protests of the person or persons requesting the hearing. Notwithstanding that a hearing is held, as defined, the protest or protests of any person or persons who did not request a hearing as authorized in this section shall be deemed withdrawn.
12) States if a request for a hearing is not filed with ABC, any protest or protests shall be deemed withdrawn and the department may approve the on-sale licensee’s application for an additional hours permit without any further proceeding. If the person filing the request for a hearing fails to appear at the hearing, the protest shall be deemed withdrawn.
13) Requires ABC to notify the applicant of the outcome of the application and provides that any conditions placed upon the permit shall be subject to existing provisions of the Alcoholic Beverage Control Act (ABC Act) pertaining to conditional licenses.
14) States the applicant shall, at the time of application for an additional hours permit, to include a $2,500 fee, which shall be deposited in the Alcohol Beverage Control Fund (ABC Fund).
15) Provides in a city, county, or city and county that has additional serving hours pursuant to this bill, any on-sale licensee, or agent or employee of the licensee, who sells or gives to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor.
16) Provides for the purposes of an additional hours permit, on the day that a time change occurs from Pacific standard time to Pacific daylight savings time, or back again, to Pacific standard time, “4 a.m.” means four hours after 12 midnight of the day preceding the day the change occurs.
17) Makes various findings and declarations related to the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
EXISTING LAW:
1) The enactment of the 21st Amendment to the U.S. Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition. Accordingly, states were granted the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages.
2) Establishes ABC and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
3) Provides that the ABC Act is intended to protect the safety, welfare and morals of the residents of this state, eliminate the unlawful selling and disposing of alcoholic beverages, and to promote temperance in the use and consumption of alcoholic beverages.
4) Provides that any on-sale or off-sale licensee, or agent or employee of the licensee, who sells, gives or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor. (Business and Professions Code Section 25632)
5) Provides ABC must deny an application for a license if issuance would create a law enforcement problem, or if issuance would result in, or add to, an undue concentration of licenses in the area where the license is desired. For liquor stores and other specified retail licenses, however, the ABC is authorized to issue a license if the respective local government determines that public convenience or necessity would be served by granting the license.
6) Caps the number of new on and off-sale general licenses issued by ABC at one for every 2,500 inhabitants of the county where the establishment is located (2,000:1 for on-sale licenses). If no licenses are available from the state due to the population restrictions, those people interested in obtaining a liquor license may purchase one from an existing licensee, for whatever price the market bears. In 1994, the Legislature approved a three-year moratorium on the issuance of new off-sale beer and wine licenses, which at the time was not bound by any population to license restriction. In 1997, this moratorium was made permanent.
7) Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages: namely, beer, wine and distilled spirits, for consumption on the premises (such as at a restaurant or bar):
• On-Sale General: Authorizes the sale of all types of alcoholic beverages: namely, beer, wine and distilled spirits, for consumption on the premises, and the sale of beer and wine for consumption off the premises.
• On-Sale Beer and Wine: Authorizes the sale of all types of wine and malt beverages (e.g., beer, porter, ale, stout and malt liquor) for consumption on and off the premises.
• On-Sale Beer: Authorizes the sale of malt beverages for consumption on and off the premises. (B & P Sections 23393, 23394, 23396 and 23399)
8) Defines “bona fide public eating place” as a licensed premises that are maintained in good faith and used for the regular service of meals to patrons. The premises must have suitable kitchen facilities and supply an assortment of foods commonly ordered at various hours of the day. There are no restrictions regarding minors entering or remaining on premises licensed and maintained and operated as a bona fide public eating-place.
9) States an “off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original, sealed containers.
FISCAL EFFECT: Unknown
COMMENTS:
Purpose of the bill: The author notes, this bill will provide local governments and communities an optional tool in their nightlife regulations. SB 384 would not allow extended hours at off-sale establishments such as liquor stores. A provision in the bill would allow for conditional extended service hours permits, including hours only on holidays or specific days of the week.
The author states, “California is a diverse state, with cities and neighborhoods that have different needs when it comes to nightlife. By granting local control to our cities to extend their late night hours, we can support areas that benefit economically and culturally from a strong nightlife presence, while ensuring that other cities and neighborhoods retain their current rules. This nuanced approach has been successful in other cities across the country, and California cities should have the same options as places like Chicago, New York, and Washington D.C.”
The author's office states, "social and nightlife venues are an economic driver in many communities, and the State’s food service and entertainment industries generate billions of dollars in consumer spending and employ well over a million Californians. Currently, our California destination cities are at a disadvantage when competing with cities both nationally and internationally for tourists, conventions, and conferences. Cities with late-night service hours include: Chicago, Washington D.C., New York City, Buffalo, Las Vegas, Louisville, Atlanta, Miami Beach, New Orleans, and Albany. In addition, many cities across the globe have extended or flexible service times, including Barcelona, Tokyo, Berlin, Rio de Janeiro, and Sydney.”
The author's office states, "The current uniform closing hour of 2 a.m. creates stress on public services, transportation, and local law enforcement when patrons are simultaneously pushed out onto the street at that hour.” Based on data compiled from a report done by the U.S. National Highway Traffic Safety Administration on state alcohol-impaired-driving estimates, the author’s office maintains there is no evidence to suggest that places with flexible or extended sales hours have experienced higher rates of alcohol-related traffic fatalities compared to states with sales hours of 2 a.m. or earlier.
Lastly, the author’s office points out that SB 384 would align California with at least 15 other states where local jurisdictions have the authority to decide alcoholic beverage service hours.
Background: The enactment of the 21st Amendment to the U.S. Constitution in 1933 repealed the 18th Amendment and ended the era of Prohibition. Accordingly, states were granted the authority to establish alcoholic beverage laws and administrative structures to regulate the sale and distribution of alcoholic beverages. In California, this responsibility was originally entrusted to the State Board of Equalization. In 1955, however, the State Constitution was amended to shift this responsibility to the newly established ABC. The intent in establishing the ABC was to create a governmental organization, which would ensure strict, honest, impartial, and uniform administration and enforcement of the state’s liquor laws. The ABC is vested with the exclusive authority to license and regulate the manufacture, distribution and sale of alcoholic beverages within California. ABC is a special fund department that receives funding from fees imposed upon alcoholic beverage licensees.
There are more than 87,000 ABC licenses throughout the state – this includes both on-sale and off-sale establishments that sell beer and wine, and on-sale and off-sale general licensees that are authorized to sell distilled spirits, including beer and wine. More than 40,000 ABC on-sale licenses (Types 40, 41, 42, 47, and 48) could be impacted by the authorization of this bill. Since 1935, California alcohol licensed businesses have been prohibited from selling, serving and allowing open containers of beverage alcohol to remain in the public portion of the business from 2 a.m. to 6 a.m. All ABC licenses are renewed on a 12-month basis.
The ABC is required to investigate both the applicant and the premises for which a license is applied to determine if the public would be adversely affected by the license issuance. These investigations include an evaluation of the moral character of the applicant and the suitability of the proposed premises. The ABC must deny an application for a license if issuance would create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses in the area where the license is desired. For liquor stores and other specified retail licenses, however, the ABC is authorized to issue a license if the respective local government determines that public convenience or necessity would be served by granting the license.
Under the ABC Act, ABC has the authority to suspend, revoke or deny a license if it determines that granting or continuance of the license would be contrary to public welfare or morals. ABC has a clearly delineated disciplinary process for its licensees. The process usually begins with a reported violation then proceeds through an investigation after which an accusation can be filed. ABC conducts administrative hearings with decisions generally proposed by administrative law judges. The process can also include appeals to the ABC Appeals Board and, if necessary and requested, an appeal directly to the California Appellate Courts. However, there is wide variance in the period from the discovery of a violation to a final order of suspension or revocation.
State v. Local Control of Alcohol Policy: Much to local government's frustration, both the state Constitution and the ABC Act generally prohibit local governments from regulating the sale of alcoholic beverages within their jurisdictions. Exacerbating this sentiment is the perception that ABC is under-funded and understaffed with less than 200 enforcement agents available to police the almost 87,000 retail licenses in the state.
Over the years, local governments have often petitioned the Legislature for greater authority to directly regulate establishments that sell alcohol (e.g., restricting the hours of operation of problem premises, or limiting the sale of certain products such as fortified wines or high alcohol content malt beverages). Much of this activity has been centered on local government's use of zoning laws and conditional use permits that place operating conditions on new businesses that sell alcohol. While current law prohibits the ABC from issuing a new license in an area not locally zoned for that type of business activity, those establishments in existence prior to any local zoning action are "grandfathered" and therefore beyond the reach of the local government – a source of contention for local governments.
In 1995, the ABC Act was amended to allow a local government to comment on a pending alcohol license application. This raised the standard for an on-sale or off-sale licensee in an area of high crime or an over-concentrated census tract to get their license application approved. ABC license applicants need to have the local government indicate that the pending license is a “public convenience or necessity” (PCN). Before a license can be issued, ABC requires an applicant to obtain any zoning permits that may be required by a local municipality. These zoning permits are most often called “conditional use permits” (CUP) and, the CUP process may occur concurrently with the state process.
Historically, the alcohol industry and retailers have opposed ceding to local government any measure of the state's exclusive authority to regulate alcohol. The industry has advocated that matters relating to the regulation of alcohol should be determined at the state level, as opposed to an assortment of local regulations, which may vary from local jurisdiction to local jurisdiction.
Disorderly house law: A disorderly house is a licensed premises that disturbs the neighborhood or is maintained for purposes that are injurious to the public morals, health, convenience or safety. For example, a licensed outlet that 1) disturbs the neighborhood with noise, loud music, loitering, littering, vandalism, urination or defecation by patrons, graffiti, etc.; or 2) has many crimes ongoing inside, such as drunks, fights, assaults, prostitution, narcotics, etc. The licensed premise includes the parking lot. Any licensee, or employee of any licensee, who keeps or permits such a disorderly house is guilty of a misdemeanor, and the license is subject to disciplinary action. (B&P Code Sections 25601 and 24200)
What is a "public premises"? No person under 21 years of age is allowed on public premises. There are two classes of public premises: 1) As to on-sale general and on-sale beer and wine licenses, this means premises maintained and operated for the sale and service of alcoholic beverages to the public for consumption on the premises, and in which food is not sold or served to the public as in a bona fide eating place, although food products may be sold or served incidentally to the sale or service of alcoholic beverages; and 2) As to on-sale beer licenses, this means premises maintained and operated for sale or service of beer to the public for consumption on the premises, and in which no food is sold or served. (B&P Section 23029 and Rule 67.1)
In support: San Francisco Mayor Edwin M. Lee states that, “SB 384 provides local communities the opportunity to determine for themselves when, how and if they would like to extend hours of service. This legislation in no way circumvents a full public approvals process for such a determination. Should this legislation become law, San Francisco would need to begin an exhaustive process to collect input from bar owners, public safety officials, neighborhood leaders, and many others who might be interested in whether or not we should offer extended service hours permits, including instituting a review by local law enforcement for every extended hours permit we would potentially issue.”
According to the San Francisco Chamber of Commerce, “California statute permits the legal sale of alcohol until 2:00 a.m. at on- and off-sale establishments. This makes it challenging for San Francisco to compete for tourists, conventions, and conferences attracted to late-night cultural offerings of other cities across the country and around the world that allow alcohol sales after that time. And it may not meet the growing demand of local residents who work non-traditional hours and would enjoy more options for late-night entertainment.”
UNITE-HERE, AFL-CIO and the California Teamsters Public Affairs Council note that, “This bill would establish procedures for local jurisdictions to opt into this extension where appropriate. In our view, this makes sense for those areas where tourists and others are coming to a locale to enjoy our state’s restaurants, music venues, clubs, etc. This type of actively creates jobs and is an important part of the economy in many cities.”
The California Restaurant Association writes, this bill "Will give eating and drinking establishments the opportunity to work with local governing bodies and local law enforcement to design a plan that works for a specific jurisdiction. Social and nightlife venues are an economic driver in many communities, and the State's food service and entertainment industries generate billions of dollars in consumer spending and employ well over a million Californians. SB 384 provides an optional tool for local control over nightlife that will increase tax revenue and tourism as well as revitalize business districts."
The City of Oakland writes, "Our California destination cities are at a disadvantage when competing cities both nationally and internationally for tourists, conventions and conferences. California must compete with Chicago, Washington D.C., New York City, Las Vegas, Atlanta, Miami Beach, and New Orleans, all of whom have late-night service hours beyond 2 a.m. The current California one-size-fits all model for late-night closing times does not take into account our diverse communities and varying needs. Our local communities should be allowed to develop transparent local plans that bring the public, local government, law enforcement, and transportation all to the table. SB 384 is a well-balanced solution that provides local control over night-life while helping to grow our travel and tourism industry."
In opposition: Opponents outline numerous health and safety concerns and state SB 384 will lead to quality of life deterioration, drinkers driving from areas where bars close earlier to bars with later last calls, late night drinkers sharing the road with early morning commuters, and increased alcohol-related harm, including DUI accidents and fatalities. They further note the lack of resources and enforcement capacity to deal effectively with the extra service hours and mitigate the additional harms of late night drinking.
Additionally, the California College and University Police Chiefs Association states that, “SB 384 will result in many smaller jurisdictions adjacent to a 22-hour bar having to make significant deployment adjustments. These deployment adjustments amount to an unfunded mandate for many departments and will result in slower response times for other important calls for service.”
Several of the groups and organizations in opposition also cite that, “In 2010 the U.S. Community Prevention Services Task Force conducted a review of available studies and recommended against extending hours of alcohol sales/service. The Task Force repeated peer-reviewed evidence showing that increasing hours of sale by two or more hours found increases in vehicle crash injuries, emergency room admissions, and alcohol-related assault and injury.”
The Sonoma County Board of Supervisors states, "In Sonoma County, approximately 41 percent of people arrested for driving under the influence reported having their last drink at a bar or restaurant. In addition, approximately 60 percent were arrested between the hours of 1):00 p.m. and 2:00 a.m. Limiting the hours of sales is an evidence-based strategy shown to reduce excessive alcohol use. This limitation helps communities create social and physical environments that maintain quality of life by discouraging excessive alcohol consumption, including reducing alcohol-related fatalities, costs, and other harms."
Opponents also note that, “SB 384 lacks any evidence to support the bill author’s claim that extending hours of sale would not increase alcohol-related harm. Extending alcohol service hours at bar and nightclubs would bring associated public safety risks and increased law enforcement costs according to recent research.”
The Barbary Coast Neighborhood Association, based in San Francisco writes, “This bill will simply extend the noise and negative impacts on surrounding residents for two more hours. There are a number of areas throughout the state where entertainment activities are adjacent to residential neighborhoods. Our organization represents a neighborhood directly affected by the traffic, noise and unruly behavior caused by nightlife on the Broadway corridor. We experience a great deal of noise generated by loud intoxicated crowds, car horns, and music from open club doors. On many nights, patrons of Broadway businesses have spilled into surrounding residential areas with behavior that makes some residents apprehensive and uncomfortable. Two more hours of alcohol sales will not lessen those impacts. The argument that extending hours of operation to 4:00 AM will somehow reduce the negative impacts on cities and neighborhoods is simply unfounded. It merely extends the time for disruptive behavior.”
Closing times in various states: Alcohol last call laws for on-sale consumption vary widely from state to state:
Midnight: Mississippi*
1:00AM-1:30 a.m. - Delaware, Idaho*, Maine, Massachusetts (until 2a.m. in Boston), Missouri*, Nebraska*, New Hampshire, Rhode Island, and Utah.
2:00-2:30 a.m. - Alabama, Arizona, Arkansas, California, Colorado, Connecticut
D.C., Florida* (cities have passed exemptions to the law which vary from 3:00 a.m. to 5:00 a.m.) Georgia*, Hawaii*, Iowa, Kansas, Kentucky (4 a.m. in Louisville), Maryland*, Massachusetts, Michigan, Minnesota, Montana, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Texas, Vermont, Virginia, Washington*, Wisconsin (no closing time on New Year's Day), and Wyoming.
3:00-3:30 a.m. – District of Columbia*, Indiana, and Tennessee, West Virginia.
4:00-5:00 a.m. - Alaska, Illinois* (closing hours are up to the decision of counties or towns), New York*.
24 hours – Louisiana * (2 a.m. in some municipalities), Nevada, and New Jersey*
* Varies by state law or local ordinance - Counties and local municipalities may set/restrict opening and closing times for establishments that sell alcoholic beverages. (See sample of states below)
Alabama: Alcohol can be served 24-hrs unless restricted by local ordinances, 26 of Alabama’s 67 counties allow no alcohol to be sold, though possession and consumption remains legal. On and off-premise liquor sales are limited to 2 A.M on Sundays.
District of Columbia: The day before a federal or district holiday, on-premises retailers may sell until 3 a.m. On New Year’s Eve, on-premises retailers may sell until 4 a.m. on January 1.
Florida: The county or municipality in which the business is located regulates the operating hours. Most cities stop serving alcohol at 2:00 a.m. However, some cities have passed exemptions to the law, notably Tampa, St. Petersburg, Tallahassee, and Pinellas County (3 a.m.), Broward County (4 a.m.), Key West (4 a.m.), and Miami-Dade County (5:00 a.m.).
Georgia: Hours of sale determined by local jurisdiction. In Atlanta, most bars are allowed to close at 2:30 a.m.
Hawaii: In Honolulu County only, bars stop serving alcohol at 2 a.m., unless they have a "cabaret license", which gives them until 4 a.m.
Idaho: A county or city may, however, by ordinance, allow the sale of alcohol by the drink on a Sunday, Memorial Day and Thanksgiving, and may also extend until 2 o'clock a.m. the hours of the sale of alcoholic beverages by the drink.
Illinois: Closing times depend on municipality. Businesses may not serve alcoholic beverages later than 2:00 a.m., Sunday through Friday, or later than 3:00 a.m. on Saturday without first obtaining an extended hours permit from the city. In Chicago, a late hour license allows the sale of alcohol until 4 a.m. Monday-Saturday and until 5 a.m. on Sunday.
Louisiana: No state imposed restrictions on on-premises hours. "24 hour" bars are common in New Orleans and in Jefferson Parish. Some municipalities and parishes (including Baton Rouge and East Baton Rouge Parish) require on-premises service to stop at 2:00 a.m.
Mississippi: Last call statewide is midnight, but municipal or county governments may, by ordinance, extend those hours. In certain specified areas, the hours for sale are extended or restricted. Most cities and counties close between Midnight and 2:00 a.m. but some are open until 3:00 a.m. On New Year's Eve, all on-premises permittees may remain open until 1:00 a.m. Most casinos do not have a last call. Currently, 34 (of 82 total) counties in Mississippi do not sell distilled spirits to customers.
Missouri: Special licenses available for bars and nightclubs that allow selling alcohol until 3 a.m. in Kansas City, Jackson County, North Kansas City, St. Louis, and St. Louis County.
Nebraska: State law sets the standard closing time at 1 a.m. but allows local governments to reduce or extend their hours as late as 2 a.m. with a super-majority vote of the city council, village board or county board. Lincoln and Omaha both adopted 2 a.m. closing times in 2010, the first year it was allowed by the Legislature.
New Jersey: Each municipality can control hours by local ordinance. Most municipalities have a last call of 2 or 3 a.m. Atlantic City, Brigantine, Absecon, Elwood, Pomona, Smithville, Galloway, and Mullica (all in Atlantic County) serve 24 hours.
New York: Under state law, establishments must stop serving alcohol by 4 a.m., however the actual closing time is left up to each of New York's 62 counties. The 4 a.m. time applies in New York City, Saratoga Springs, Buffalo, and Albany. Binghamton is 3 a.m. Syracuse and Rochester are at 2 a.m. Elmira, Geneva, and Ithaca have a time of 1 a.m.
South Carolina: Has no statewide restriction on beer and wine sales past 2 a.m., but does not allow sales of distilled spirits after 2 a.m.
Washington: A local government subdivision may fix later opening hours or earlier closing hours than those specified, so long as the hours apply to all licensed premises in the local government subdivision's jurisdiction.
Policy considerations: 1) The bill is unclear relating to who or whom would be authorized to certify the plan. Should a local authority (city council or board of supervisors) be required to pass an enabling ordinance to sanction the extended hours?
2) Should ABC be "required" to review the local extended hours plan, as defined in the bill, to ensure compliance with existing law? As currently written, ABC has no mandated requirement to review or approve the plan. B&P 25634 (2) (b) Upon receipt of a local plan developed pursuant to paragraph (1) of subdivision (a), the department may review the local plan to ensure compliance with existing law.
3) Should ABC be required to adopt rules and regulations to enforce the provisions of this bill?
4) The bill is unclear of what would happen, if the local plan does not "meet" all of the stated requirements, as specified in Section 25634 (1) (A-F). Would the plan still be able to be resolved and certified by the local governing body or its designated subordinate officer or body, as stated in the bill?
5) Should this measure require the local governing authority to include available or unavailable public transportation systems in the plan? This would give ABC added information on all of the available and unavailable options. For instance, Bay Area Rapid Transit (BART) does not begin operating until 6:00 a.m. on Saturdays and 8:00 a.m. on Sundays.
6) Should an extension of additional hours be subject to a local ballot measure?
7) Should an extended hours permit holder be mandated to provide additional responsible beverage service and security training for employees?
8) Will on-premises establishments with settlement agreements that restrict closing hours be eligible to apply for an extended hours permit?
9) Will ABC be able to deny an application for a permit if issuance of that permit would create a law enforcement problem or be a public nuisance under the ABC Act? Currently, under the bill, an ABC investigation is limited to determining whether the additional hours permit by the applicant "would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicant’s licensed premises are located." The reference of “quiet enjoyment” is somewhat ambiguous, and is not defined in the ABC Act. Since the term is not defined, it might limit the scope of ABC's investigation and authority to deny an application.
The bill might be further amended to incorporate applicable language contained in B&P Section 23958 in the ABC Act (Investigation of application; Grounds for denial). "Upon receipt of an application for a license or for a transfer of a license and the applicable fee, the department shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this division have been complied with, and shall investigate all matters connected therewith which may affect the public welfare and morals. The department shall deny an application for a license or for a transfer of a license if either the applicant or the premises for which a license is applied do not qualify for a license under this division. The department further shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except as provided in Section 23958.4."
10) Should the local plan be required to include: crime statistics, police reports, emergency medical response data, sanitation reports, public health records, and all correspondence in support or opposition to the extended hours proposal?
11) Should the bill state that additional hours permits would need to be renewed annually and is not transferable to a new location?
12) Should monies collected from permit fees (application and renewal) imposed pursuant to this bill, be set aside in a separate fund within the ABC Fund? Should the monies be allocated, on a percentage basis to offset costs for local police departments (based on the number of permits issued within each city for the enforcement of this bill) and to the ABC for the administration and enforcement of the provisions of this bill? Furthermore, is the fee ($2,500) established in the bill enough to cover those costs?
13) Should the plan include the creation of a commission or local agency to coordinate communication among key agencies, potential extended hour permittees, and the public?
14) Under current law, there are no restrictions regarding minors between 18 and 21 years of age from entering or remaining on premises licensed, maintained, and operated as a bona fide public eating-place (restaurants, brew pubs, etc.). Under this bill, minors would be able to remain and be in a licensed bona fide public eating establishment during the time period when additional hours have been permitted. Is this the clear intent of the bill?
15) Could this bill potentially open up Pandora’s Box, as it relates to the alcohol oversight power of the state versus local governments?
16) Should a sunset clause be added to the bill to evaluate the implementation and general impact of authorizing additional hours of alcohol service in California?
Related legislation: AB 471 (Ting of 2017). Would allow ABC to issue up to five new special on-sale general licenses per year, until a total of 30 is reached, for premises located in certain neighborhoods in San Francisco, as defined. Each neighborhood is allowed a specified number of new licenses.
Prior legislation: SB 635 (Leno of 2013). Would have allowed an on-sale alcohol licensee to apply to ABC to authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located. (Held in Senate Governmental Organization Committee)
AB 1739 (Committee on Governmental Organization, Chapter 744, Statutes of 2007). Among other thing, modified an existing provision of the ABC Act relative to hours of sale and delivery of alcoholic beverages to clarify that, during a change from Pacific standard time to Pacific daylight time, or back again to Pacific standard time, 2 a.m. means two hours after “midnight.”
AB 2433 (Leno of 2004). Would have extended the hours of alcohol sales for on-sale licensees in the City and County of San Francisco from 2 a.m. to 4 a.m. (Held in Assembly Governmental Organization Committee)
AB 701 (Horton of 2003) Would have provided that an on-sale license that is open for business and sells or offers for sale alcoholic beverages past 1 a.m. may not sell or serve more than one alcoholic beverage to a person less than 15 minutes prior to closing time. (Amended to address a horse racing issue)
Chapter 152 of 1953. Codified Chapter 330 of the Statutes of 1935, of the Act. In part, prohibited the sale of alcoholic beverages by an on-sale licensee between the hours of 2:00 a.m. and 6:00 a.m.
REGISTERED SUPPORT / OPPOSITION:
Support
Anaheim Chamber of Commerce
California Hotel & Lodging Association
California Music & Culture Association
California Restaurant Association
California Teamsters Public Affairs Council
California Travel Association
City and County of San Francisco
City of Oakland
Council on Alcoholism and Drug Abuse
Elizabeth Peterson Group
Hotel Council of San Francisco
LAX Coastal Chamber of Commerce
Los Angeles Area Chamber of Commerce
Lyft
Mayor Edwin Lee, San Francisco
San Francisco Bar Owner Alliance
San Francisco Chamber of Commerce
San Francisco Taxi Workers Alliance
San Francisco Travel Association
Uber Technologies
UNITE-HERE, AFL-CIO
Valley Industry and Commerce Association
West Hollywood Chamber of Commerce
Opposition
A Sobering Choice Coalition
AADAP, Inc.
ADAPT Lamorinda
ADAPT San Ramon Valley
Alcohol Justice
Alcohol Policy Panel of San Diego County
Barbary Coast Neighborhood Association
California Alcohol Policy Alliance
California College and University Police Chiefs Association
California Council for Alcohol Problems
Coalition for Drug Free Escondido
Coalition to Prevent Alcohol-Related Harms in LA Metro
Council on Alcoholism and Drug Abuse
County Behavioral Health Directors Association of California
County of Marin Board of Supervisors
Friday Night Live Partnership
Health Officers Association of California
Hollywood Hills Recovery
Los Angeles Drug and Alcohol Policy Alliance
Lutheran Office of Public Policy-California
Mothers Against Drunk Driving
Mountain Communities Coalition Against Substance Abuse
National Council on Alcoholism and Drug Dependence – Orange County
National Council on Alcoholism and Drug Dependence – San Fernando Valley
North Coastal Prevention Coalition
Partnership for Positive Pomona
Project SAFER Educational Foundation
Pueblo y Salud, Inc.
Rethinking Alcohol and other Drugs
San Diego Police Chiefs’ and Sheriff’s Association
San Marcos Prevention Coalition
Santee Collaborative
Santee Solutions Coalition
SF Prevention Coalition
Sonoma County Board of Supervisors
Tarzana Treatment Centers
The Wall Las Memorias Project
United Methodist Church
United Neighborhoods for Los Angeles
Wellness & Prevention Center
West Hollywood Project
Westside Impact Coalition
Numerous letters from the public
Analysis Prepared by: Eric Johnson / G.O. / (916) 319-2531
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 384
:
SENATE GOVERNMENTAL ORG. COMMITTEE: 8-2, 3/28/17
AYES: Glazer, Bradford, Cannella, Dodd, Galgiani, Hill, Lara, Mendoza
NOES: Gaines, Vidak
NO VOTE RECORDED: Berryhill, Hueso, Portantino
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
DIGEST:
This bill establishes a process, as described, whereby an on-sale licensee may apply to the Department of Alcoholic Beverage Control (ABC) for authorization to sell, give, or purchase alcoholic beverages at licensed premises between the hours of 2 a.m. to 4 a.m.
Existing law:
- Establishes the Department of ABC and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
- Provides that any on-sale or off-sale licensee, or agent or employee of the licensee, who sells, gives or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor.
- Defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages: namely, beer, wine, and distilled spirits, for consumption on the premises (such as at a restaurant or bar). An “off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original, sealed containers.
This bill:
- Permits the Department of ABC to authorize, with or without conditions, the selling, giving, or purchasing of alcoholic beverages at individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county or a city and a county provided the local governing develops and approves a local plan, relative to the additional hours of service, that does the following:
- Shows that the public convenience or necessity will be served.
- Identifies the area that will be affected and demonstrates how the area will benefit.
- Exhibits resident and business support.
- Includes an assessment by local law enforcement regarding the potential impact on the area and a public safety plan, created by local law enforcement.
- Shows that transportation services are readily accessible in the area during the additional service hours.
- Includes programs to increase public awareness of the transportation services available and the impacts of alcohol consumption.
- Requires that the local government resolve and certify the local plan, and submit the local plan to the Department of ABC.
- Provides that the Department of ABC may review the local plan, to ensure compliance with existing law.
- Prohibits an on-sale licensee from applying for additional hours of service until the Department of ABC has received the local plan in which the licensed premise is located.
- Requires the Department of ABC, upon receipt of an application by an on-sale licensee for additional hours, to conduct a thorough investigation to determine whether the additional hours would unreasonably interfere with local resident’s quiet enjoyment of their property in the city, county, or city and county in which the applicant’s licensed premises are located.
- Requires the licensed applicant to notify law enforcement agencies, residents within 500 feet of the premises, and any other interested parties, as determined by the local governing body, of the application for additional hours within 30 consecutive days of the filing of the application in a manner determined by the local governing body.
- Provides that protests may be filed within 30 days from the first date of notice of the filing of an application for additional hours. Also, permits the Department of ABC to extend the 30-day period by an additional 20 days.
- Provides that the Department of ABC may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon. If, after investigation, Department of ABC recommends that additional hours be authorized notwithstanding a public protest by a public agency or a public official, Department of ABC must notify the agency or official in writing of its determination and the reasons therefor. Also, provides that the if Department of ABC rejects a protest, a protestant whose protest has been rejected may, within 10 days, file an accusation with the Department of ABC alleging the grounds of the protest as cause for revocation of the additional hours and the Department of ABC shall hold a hearing, as specified.
- Provides that if, after investigation, the Department of ABC recommends that additional hours be authorized, with or without conditions on the applicant’s license, the Department of ABC must notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
- Provides that any person who has filed a verified protest in a timely fashion that has been accepted by the Department of ABC may request a hearing on the issue or issues raised in the protest. The request must be in writing and filed with the Department of ABC within 15 business days of the date the Department of ABC notifies the protesting party of its determination. At any time prior to the issuance of a license, the Department of ABC may accept a late request for a hearing upon a showing of good cause.
- Requires the Department of ABC to notify the applicant of the outcome of the application and provides that any conditions placed upon the license shall be subject to existing provisions of the ABC Act pertaining to conditional licenses.
- Requires the applicant to include a $2,500 fee with his/her application for additional hours, which shall be deposited in the ABC Fund.
- Prohibits a new license to operate during extended hours from being issued until any existing license issued by the Department of ABC at the premises has been canceled.
- Makes various findings and declarations related to the responsible consumption of alcoholic beverages through making multiple planning options available to local communities and entertainment areas of the state, including the option of extended services hours up to a limit of 4 a.m. in communities and areas of the state where those extended hours are found by the governing body of the responsible community to be proper and appropriate.
Comments
Purpose of the bill. The author notes this bill will provide local governments and communities an optional tool in their nightlife regulations. Additionally, the author states, “California is a diverse state, with cities and neighborhoods that have different needs when it comes to nightlife. By granting local control to our cities to extend their late night hours, we can support areas that benefit economically and culturally from a strong nightlife presence, while ensuring that other cities and neighborhoods retain their current rules. This nuanced approach has been successful in other cities across the country, and California cities should have the same options as places like Chicago, New York, and Washington D.C.”
Based on data compiled from a report done by the U.S. National Highway Traffic Safety Administration on state alcohol-impaired-driving estimates, the author’s office maintains there is no evidence to suggest that places with flexible or extended sales hours have experienced higher rates of alcohol-related traffic fatalities compared to states with sales hours of 2 a.m. or earlier.
State v. local control of alcohol policy. The Department of ABC is vested with the exclusive authority to license and regulate the manufacture, distribution, and sale of alcoholic beverages within California. Currently, the Department of ABC must notify specified local officials of an application for the issuance or transfer of a liquor license and existing law prohibits the Department from ABC from issuing or transferring a license until at least 30 days after these notices are provided. Local officials are also allowed to file a protest against the issuing of the license.
Over the years, local governments have often petitioned the Legislature for greater authority to directly regulate establishments that sell alcohol in respective communities. Much of this activity has been centered on local government’s use of zoning laws and conditional use permits that place operating conditions on new businesses that sell alcohol.
Related/Prior Legislation
SB 635 (Leno, 2013) would have allowed an on-sale alcohol licensee to apply to the Department of ABC to authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located. (Held in Senate Governmental Organization Committee)
AB 1739 (Committee on Governmental Organization, Chapter 744, Statutes of 2007) among other thing, modified an existing provision of the ABC Act relative to hours of sale and delivery of alcoholic beverages to clarify that, during a change from Pacific Standard Time to Pacific Daylight Time, or back again to Pacific Standard Time, 2 a.m. means two hours after “midnight.”
AB 2433 (Leno, 2004) would have extended the hours of alcohol sales for on-sale licensees in the City and County of San Francisco from 2 a.m. to 4 a.m. (Held in Assembly Governmental Organization Committee)
AB 701 (Horton, 2003) would have provided that an on-sale license that is open for business and sells or offers for sale alcoholic beverages past 1 a.m. may not sell or serve more than one alcoholic beverage to a person less than 15 minutes prior to closing time. (Amended to address a horse racing issue)
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to Senate Appropriations Committee:
- Estimated costs of $1-2 million per year to ABC for fiscal year 2018-19 and fiscal year 2019-20 for developing the program and processing an initial surge of local plans and new license applications. (ABC Fund) This includes staffing and resources necessary for:
- Legal, licensing, and enforcement resources to develop the program
- Data entry and processing of new license applications
- Investigating new licenses
- Reviewing and processing protests in response to license applications
- Administering approved protest hearings
- Enforcement coverage during additional hours
- Significant ongoing costs, likely in the hundreds of thousands of dollars, in subsequent years for processing new applications, reviewing and administering protests, and enforcement. (ABC Fund)
- Potential revenue from fees generated from these new licenses that may offset some costs for developing and maintaining the program. The amount of revenue depends on the volume of license applications.
Anaheim Chamber of Commerce
California Hotel & Lodging Association
California Music & Culture Association
California Restaurant Association
California Teamsters Public Affairs Council
California Travel Association
City of Oakland
Elizabeth Peterson Group, Inc.
Hotel Council of San Francisco
Los Angeles Chamber of Commerce
San Francisco Bar Owner Alliance
San Francisco Chamber of Commerce
San Francisco Mayor Edwin M. Lee
San Francisco Taxi Workers Alliance
San Francisco Travel Association
Uber
UNITE-HERE, AFL-CIO
West Hollywood Chamber of Commerce
OPPOSITION: (Verified 5/26/17)
A Sobering Choice Coalition
ADAPT Lamorinda
ADAPT San Ramon Valley
Alcohol Justice
Barbary Coast Neighborhood Association
California Alcohol Policy Alliance
California College and University Police Chiefs Association
California Council on Alcohol Problems
California Youth Council
Coalition for Drug Free Escondido
County Behavioral Health Directors Association of California
FASD Network of Southern California
Friday Night Live Program
Golden Gateway Tenants Association
Health Officers Association of California
Los Angeles Drug and Policy Alliance
MFI Recovery and Prevention
National Council on Alcoholism and Drug Dependence — Orange County
North Coastal Prevention Coalition
Partnership for Positive Pomona
Pueblo y Salud, Inc.
San Diego County Police Chief’s and Sheriff’s Association
San Francisco Prevention Coalition
San Marcos Prevention Coalition
Santee Collaborative
Santee Solutions Coalition
Saving Lives Camarillo
Sonoma County Board of Supervisors
Tarzana Treatment Centers, Inc.
The United Methodist Church
The Wall – Las Memorias Project
The West Hollywood Project
The Westside Impact Coalition
United Neighborhoods for Los Angeles
Several individuals
ARGUMENTS IN SUPPORT: According to the San Francisco Chamber of Commerce, “California statute permits the legal sale of alcohol until 2:00 a.m. at on- and off-sale establishments. This makes it challenging for San Francisco to compete for tourists, conventions, and conferences attracted to late-night cultural offerings of other cities across the country and around the world that allow alcohol sales after that time. And it may not meet the growing demand of local residents who work non-traditional hours and would enjoy more options for late-night entertainment.”
San Francisco Mayor Edwin M. Lee states that, “I appreciate that your proposal provides local communities the opportunity to determine for themselves when, how and if they would like to extend hours of service. This legislation in no way circumvents a full public approvals process for such a determination. Should this legislation become law, San Francisco would need to begin an exhaustive process to collect input from bar owners, public safety officials, neighborhood leaders, and many others who might be interested in whether or not we should offer extended service hours permits, including instituting a review by local law enforcement for every extended hours permit we would potentially issue.”
UNITE-HERE, AFL-CIO and the California Teamsters Public Affairs Council note that, “This bill would establish procedures for local jurisdictions to opt into this extension where appropriate. In our view, this makes sense for those areas where tourists and others are coming to a locale to enjoy our state’s restaurants, music venues, clubs, etc. This type of actively creates jobs and is an important part of the economy in many cities.”
ARGUMENTS IN OPPOSITION: Opponents outline numerous health and safety concerns and state SB 384 will lead to quality of life deterioration, drinkers driving from areas where bars close earlier to bars with later last calls, late night drinkers sharing the road with early morning commuters, and increased alcohol-related harm, including DUI accidents and fatalities. They further note the lack of resources and enforcement capacity to deal effectively with the extra service hours and mitigate the additional harms of late night drinking.
Additionally, the California College and University Police Chiefs Association states that, “SB 384 will result in many smaller jurisdictions adjacent to a 22-hour bar having to make significant deployment adjustments. These deployment adjustments amount to an unfunded mandate for many departments and will result in slower response times for other important calls for service.”
Several of the groups and organizations in opposition also cite that, “in 2010 the U.S. Community Prevention Services Task Force conducted a review of available studies and recommended against extending hours of alcohol sales/service. The Task Force repeated peer-reviewed evidence showing that increasing hours of sale by two or more hours found increases in vehicle crash injuries, emergency room admissions, and alcohol-related assault and injury.”
Opponents also note that, “SB 384 lacks any evidence to support the bill author’s claim that extending hours of sale would not increase alcohol-related harm. Extending alcohol service hours at bar and nightclubs would bring associated public safety risks and increased law enforcement costs according to recent research.”
5/27/17 17:05:29
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 384 (Wiener) - Alcoholic beverages: hours of sale
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on May 25, 2017
Bill Summary:
SB 384 would allow an on-sale licensee to apply to the Department of Alcoholic Beverage Control (ABC) for authorization to sell, give, or purchase alcoholic beverages at licensed premises between the hours of 2 a.m. to 4 a.m.
Fiscal Impact:
- Estimated costs of $1-2 million per year to ABC for fiscal year 2018-19 and fiscal year 2019-20 for developing the program and processing an initial surge of local plans and new license applications. (ABCF) This includes staffing and resources necessary for:
- Legal, licensing, and enforcement resources to develop the program
- Data entry and processing of new license applications
- Investigating new licenses
- Reviewing and processing protests in response to license applications
- Administering approved protest hearings
- Enforcement coverage during additional hours
- Significant ongoing costs, likely in the hundreds of thousands of dollars, in subsequent years for processing new applications, reviewing and administering protests, and enforcement. (ABCF)
- Potential revenue from fees generated from these new licenses that may offset some costs for developing and maintaining the program. The amount of revenue depends on the volume of license applications.
Author Amendments:
Establish a fee of $2,500 per application.
-- END --
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 384 (Wiener) - Alcoholic beverages: hours of sale
Version: March 20, 2017 | Policy Vote: G.O. 8 - 2 |
Urgency: No | Mandate: Yes |
Hearing Date: April 17, 2017 | Consultant: Debra Cooper |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 384 would allow an on-sale licensee to apply to the Department of Alcoholic Beverage Control (ABC) for authorization to sell, give, deliver, or purchase alcoholic beverages at licensed premises between the hours of 2 a.m. to 4 a.m.
Fiscal Impact:
- Estimated costs of $1-2 million per year to ABC for fiscal year 2018-19 and fiscal year 2019-20 for developing the program and processing an initial surge of local plans and new license applications. (ABCF) This includes staffing and resources necessary for:
- Legal, licensing, and enforcement resources to develop the program
- Data entry and processing of new license applications
- Investigating new licenses
- Reviewing and processing protests in response to license applications
- Administering approved protest hearings
- Enforcement coverage during additional hours
- Significant ongoing costs, likely in the hundreds of thousands, in subsequent years for processing new applications, reviewing and administering protests and enforcement. (ABCF)
- Potential revenue from fees generated from these new licenses. Amount of revenue depends on the volume of license applications and the amount of the application fee.
Background:
California ABC has the exclusive authority to license and regulate the manufacturing, distribution, and sale of alcoholic beverages within the state. Currently, approximately 50,000 on-sale licensees exist in the state. Over the years, local governments have requested to have increased authority to directly regulate establishments that sell alcohol in respective communities, especially concerning zoning laws and conditional use permits.
The service times for on-sale licensees to sell, give, deliver, or purchase alcoholic beverages vary across the nation. At least 15 states across the country delegate complete or partial authority for setting or extending service hours to the local jurisdictions, subject to state approval. A number of U.S. cities and towns have late-night services hours including Chicago, Washington, D.C., New York City, Buffalo, Las Vegas, Louisville, Atlanta, Indianapolis, Miami Beach, New Orleans, and Albany, N.Y.
Proposed Law:
This bill would:
- Make various findings and declarations related to allowing local jurisdictions to extend the hours of alcoholic beverage service in their respective communities, subject to state approval
- Permit ABC to authorize the selling, giving, delivering, or purchasing of alcoholic beverages at an individual on-sale licensed premise between the hours of 2 a.m. and 4 a.m. within a city, county, or a city and county if the local governing body of that city, county, or city and county, or its designated subordinate officer or body develops, approves, and submits to ABC a local plan that:
- Shows that the public convenience or necessity will be served by the additional hours.
- Identifies the area that will be affected by the additional hours and demonstrates how that area will benefit from the additional hours.
- Shows that residents and businesses within the additional hours service area support the additional hours.
- Includes an assessment by local law enforcement regarding the potential impact of an additional hours service area and the public safety plan, created by local law enforcement, for managing those impacts that has been approved by the local governing body.
- Shows that transportation services are readily accessible in the additional hours service area during the additional service hours.
- Includes programs to increase public awareness of the transportation services available in the additional hours service area and the impacts of alcohol consumption.
- Require ABC to make a thorough investigation to determine whether the additional hours sought by the applicant would unreasonably interfere with the quiet enjoyment of their property by the residents of the city, county, or city and county in which the applicant’s licensed premises are located
- Require the license applicant to notify the law enforcement agencies of the city, county, or city and county, the residents of the city, county, or city and county located within 500 feet of the premises for which additional hours are sought, and any other interested parties within 30 consecutive days of the filing of the application
- Provide that protests may be filed at any ABC office within 30 days from the first date of notice of the filing of an application by an on-sale licensee for additional hours
- Permit ABC to reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing. If, after investigation, ABC recommends that additional hours be authorized notwithstanding a protest by a public agency or a public official, the Department shall notify the agency or official in writing of its determination and the reasons therefor, in conjunction with the notice of hearing provided to the protestant. If the department rejects a protest as provided in this section, a protestant whose protest has been rejected may, within 10 days, file an accusation with ABC alleging the grounds of protest as a cause for revocation of the additional hours and ABC shall hold a hearing, as specified.
- Provide that if, after investigation, ABC recommends that additional hours be authorized, with or without conditions on the applicant’s license, notwithstanding that one or more protests have been accepted by ABC, the Department shall notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination
- Provide that any person who has filed a verified protest in a timely fashion that has been accepted by ABC may request that ABC conduct a hearing on the issue or issues raised in the protest. The request must be in writing and be filed with ABC within 15 business days of the date ABC notifies the protesting party of its determination.
- Require ABC to schedule a hearing on the protest if a request for a hearing is filed with ABC
- Require ABC to notify the applicant of the outcome of the application for additional hours
- Require the applicant to include an unspecified fee at the time of application for additional hours to be deposited in the Alcohol Beverage Control Fund
- Prohibit an extended license from being issued until any existing licenses issued at the premises by ABC are canceled.
- Provide that in a city, county, or city and county that has additional serving hours, any on-sale licensee, or agent or employee of the licensee, who sells, gives, or delivers to any person any alcoholic beverage or any person who knowingly purchases any alcoholic beverage between the hours of 4 a.m. and 6 a.m. of the same day, is guilty of a misdemeanor
Related Legislation:
SB 635 (Leno, 2013) similar SB 384, would have allowed an on-sale alcohol licensee to apply to ABC to authorize, with or without condition, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located. This bill was held in the Senate Governmental Organization Committee.
AB 1739 (Committee of Governmental Organization, Chapter 744, Statutes of 2007) among other things, clarifies that during a change from Pacific Standard Time to Pacific Daylight Time or back again, 2 a.m. means two hours after midnight of the day preceding the day such change occurs.
AB 2433 (Leno, 2004) would have extended the hours of alcohol sales for on-sale licensee in the City and County of San Francisco from 2 a.m. to 4 a.m. This bill was held in the Assembly Governmental Organization Committee.
AB 701 (Horton, 2003) would have prohibited an on-sale licensee that sells alcoholic beverages past 1 a.m. from serving more than one alcoholic beverage to a person during the last 15 minutes prior to closing time. This bill was amended to address a horse racing issue.
-- END --
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Steven Glazer
Chair
2017 - 2018 Regular
Bill No: SB Hearing Date: 3/28/2017
Author: | Wiener, et al. | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
SUBJECT:
DIGEST: This bill establishes a process, as described, whereby an on-sale licensee may apply to the Department of Alcoholic Beverage Control (ABC) for the privilege of extending hours of alcohol sales between 2 a.m. to 4 a.m.
ANALYSIS:
Existing law:
- Establishes the Department of ABC and grants it exclusive authority to administer the provisions of the ABC Act in accordance with laws enacted by the Legislature. This involves licensing individuals and businesses associated with the manufacture, importation, and sale of alcoholic beverages in this state and the collection of license fees.
- Provides that any on-sale or off-sale licensee, or agent or employee of the licensee, who sells, gives or delivers to any person any alcoholic beverage between the hours of 2 a.m. and 6 a.m. of the same day, and any person who knowingly purchases any alcoholic beverages between those hours, is guilty of a misdemeanor.
- Existing law defines an “on-sale” license as authorizing the sale of all types of alcoholic beverages: namely, beer, wine, and distilled spirits, for consumption on the premises (such as at a restaurant or bar). An “off-sale” license authorizes the sale of all types of alcoholic beverages for consumption off the premises in original, sealed containers.
This bill:
- Permits the Department of ABC to authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at individual on-sale licensed premises between the hours of 2 a.m. and 4 a.m. within a city, county or a city and a county provided the local governing develops and approves a local plan, relative to the additional hours of service, that does the following:
- Shows that the public convenience or necessity will be served.
- Identifies the area that will be affected and demonstrates how the area will benefit.
- Exhibits resident and business support.
- Includes an assessment by local law enforcement regarding the potential impact on the area and a public safety plan, created by local law enforcement.
- Shows that transportation services are readily accessible in the area during the additional service hours.
- Includes programs to increase public awareness of the transportation services available and the impacts of alcohol consumption.
- Requires that the local government resolve and certify the local plan, and submit the local plan to the Department of ABC.
- Provides that the Department of ABC may review the local plan, to ensure compliance with existing law.
- Prohibits an on-sale licensee from applying for additional hours of service until the Department of ABC has received the local plan in which the licensed premise is located.
- Requires the Department of ABC, upon receipt of an application by an on-sale licensee for additional hours, to conduct a thorough investigation to determine whether the additional hours would unreasonably interfere with local resident’s quiet enjoyment of their property in the city, county, or city and county in which the applicant’s licensed premises are located.
- Requires the licensed applicant to notify law enforcement agencies, residents within 500 feet of the premises, and any other interested parties, as determined by the local governing body, of the application for additional hours within 30 consecutive days of the filing of the application in a manner determined by the local governing body.
- Provides that protests may be filed within 30 days from the first date of notice of the filing of an application for additional hours. Also, permits the Department of ABC to extend the 30-day period by an additional 20 days.
- Provides that the Department of ABC may reject protests, except protests made by a public agency or public official, if it determines the protests are false, vexatious, frivolous, or without reasonable or probable cause at any time before hearing thereon. If, after investigation, Department of ABC recommends that additional hours be authorized notwithstanding a public protest by a public agency or a public official, Department of ABC must notify the agency or official in writing of its determination and the reasons therefor. Also, provides that the if Department of ABC rejects a protest, a protestant whose protest has been rejected may, within 10 days, file an accusation with the Department of ABC alleging the grounds of the protest as cause for revocation of the additional hours and the Department of ABC shall hold a hearing, as specified.
- Provides that if, after investigation, the Department of ABC recommends that additional hours be authorized, with or without conditions on the applicant’s license, the Department of ABC must notify the local governing body and all protesting parties whose protests have been accepted in writing of its determination.
- Provides that any person who has filed a verified protest in a timely fashion that has been accepted by the Department of ABC may request a hearing on the issue or issues raised in the protest. The request must be in writing and filed with the Department of ABC within 15 business days of the date the Department of ABC notifies the protesting party of its determination. At any time prior to the issuance of a license, the Department of ABC may accept a late request for a hearing upon a showing of good cause.
- Requires the Department of ABC to notify the applicant of the outcome of the application and provides that any conditions placed upon the license shall be subject to existing provisions of the ABC Act pertaining to conditional licenses.
- Requires the applicant to include an unspecified fee with his/her application for additional hours, which shall be deposited in the ABC Fund.
- The bill would prohibit a new license to operate during extended hours from being issued until any existing license issued by the Department of ABC at the premises has been canceled.
- Makes various findings and declarations related to allowing local jurisdictions to extend the hours of alcoholic beverage service in their respective communities, subject to state approval.
Background
Purpose of the bill. The author notes this bill will provide local governments and communities an optional tool in their nightlife regulations. Additionally, the author states, “California is a diverse state, with cities and neighborhoods that have different needs when it comes to nightlife. By granting local control to our cities to extend their late night hours, we can support areas that benefit economically and culturally from a strong nightlife presence, while ensuring that other cities and neighborhoods retain their current rules. This nuanced approach has been successful in other cities across the country, and California cities should have the same options as places like Chicago, New York, and Washington D.C.”
Currently, numerous cities and towns throughout the country have late-night service hours, including Chicago, Washington, D.C., New York City, Buffalo, Las Vegas, Louisville, Atlanta, Indianapolis, Miami Beach, New Orleans and Albany. In addition, many cities across the globe have extended or flexible service times, including Barcelona, Tokyo, Berlin, Rio de Janeiro, and Sydney. The author’s office points out that SB 384 would align California with at least 15 other states where local jurisdictions have the authority to decide alcoholic beverage service hours.
Based on data compiled from a report done by the U.S. National Highway Traffic Safety Administration on state alcohol-impaired-driving estimates, the author’s office maintains there is no evidence to suggest that places with flexible or extended sales hours have experienced higher rates of alcohol-related traffic fatalities compared to states with sales hours of 2 a.m. or earlier.
State v. local control of alcohol policy. The Department of ABC is vested with the exclusive authority to license and regulate the manufacture, distribution, and sale of alcoholic beverages within California. Currently, the Department of ABC must notify specified local officials of an application for the issuance or transfer of a liquor license and existing law prohibits the Department from ABC from issuing or transferring a license until at least 30 days after these notices are provided. Local officials are also allowed to file a protest against the issuing of the license.
Over the years, local governments have often petitioned the Legislature for greater authority to directly regulate establishments that sell alcohol in respective communities. Much of this activity has been centered on local government’s use of zoning laws and conditional use permits that place operating conditions on new businesses that sell alcohol.
Under this bill, as it pertains to local control, the author’s office maintains that “local governing bodies, if they choose, will first develop and approve a local plan showing that public necessity and convenience will be served by extending alcohol service hours. The local plan must identify which areas will be eligible for extended hours, as well as a law enforcement assessment regarding the impact on public safety. The local plan must exhibit resident and business support, as well as the availability of transportation services. Once the local plan authorizing extended alcohol sales approved, a business must then apply to Department of ABC for an extended hours license.”
Prior/Related Legislation
SB 635 (Leno, 2013) would have allowed an on-sale alcohol licensee to apply to the Department of ABC to authorize, with or without conditions, the selling, giving, delivering, or purchasing of alcoholic beverages at the licensed premises between the hours of 2 a.m. and 4 a.m., upon completion of specified requirements by the local jurisdiction in which the licensee is located. (Held in Senate Governmental Organization Committee)
AB 1739 (Committee on Governmental Organization, Chapter 744, Statutes of 2007) among other thing, modified an existing provision of the ABC Act relative to hours of sale and delivery of alcoholic beverages to clarify that, during a change from Pacific Standard Time to Pacific Daylight Time, or back again to Pacific Standard Time, 2 a.m. means two hours after “midnight.”
AB 2433 (Leno, 2004) would have extended the hours of alcohol sales for on-sale licensees in the City and County of San Francisco from 2 a.m. to 4 a.m. (Held in Assembly Governmental Organization Committee)
AB 701 (Horton, 2003) would have provided that an on-sale license that is open for business and sells or offers for sale alcoholic beverages past 1 a.m. may not sell or serve more than one alcoholic beverage to a person less than 15 minutes prior to closing time. (Amended to address a horse racing issue)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT:
Anaheim Chamber of Commerce
California Hotel & Lodging Association
California Music & Culture Association
California Restaurant Association
California Teamsters Public Affairs Council
California Travel Association
City of Oakland
Elizabeth Peterson Group, Inc.
Hotel Council of San Francisco
San Francisco Bar Owner Alliance
San Francisco Chamber of Commerce
San Francisco Mayor Edwin M. Lee
San Francisco Taxi Workers Alliance
San Francisco Travel
Uber
UNITE-HERE, AFL-CIO
West Hollywood Chamber of Commerce
OPPOSITION:
ADAPT Lamorinda
ADAPT San Ramon Valley
Alcohol Justice
Barbary Coast Neighborhood Association
California Alcohol Policy Alliance
California College and University Police Chiefs Association
California Council on Alcohol Problems
California Youth Council
Coalition for Drug Free Escondido
FASD Network of Southern California
Friday Night Live Program
National Council on Alcoholism and Drug Dependence — Orange County
Partnership for Positive Pomona
Pueblo y Salud, Inc.
San Diego County Police Chief’s and Sheriff’s Association
San Francisco Prevention Coalition
San Marcos Prevention Coalition
Santee Collaborative
Santee Solutions Coalition
Saving Lives Camarillo
Tarzana Treatment Centers, Inc.
The Wall – Las Memorias Project
The West Hollywood Project
The Westside Impact Coalition
United Neighborhoods for Los Angeles
And, several individuals
ARGUMENTS IN SUPPORT: According to the San Francisco Chamber of Commerce, “California statute permits the legal sale of alcohol until 2:00 a.m. at on- and off-sale establishments. This makes it challenging for San Francisco to compete for tourists, conventions, and conferences attracted to late-night cultural offerings of other cities across the country and around the world that allow alcohol sales after that time. And it may not meet the growing demand of local residents who work non-traditional hours and would enjoy more options for late-night entertainment.”
San Francisco Mayor Edwin M. Lee, states that “I appreciate that your proposal provides local communities the opportunity to determine for themselves when, how and if they would like to extend hours of service. This legislation in no way circumvents a full public approvals process for such a determination. Should this legislation become law, San Francisco would need to begin an exhaustive process to collect input from bar owners, public safety officials, neighborhood leaders, and many others who might be interested in whether or not we should offer extended service hours permits, including instituting a review by local law enforcement for every extended hours permit we would potentially issue.”
UNITE-HERE, AFL-CIO and the California Teamsters Public Affairs Council note that, “This bill would establish procedures for local jurisdictions to opt into this extension where appropriate. In our view, this makes sense for those areas where tourists and others are coming to a locale to enjoy our state’s restaurants, music venues, clubs, etc. This type of actively creates jobs and is an important part of the economy in many cities.”
Additionally, California Hotel & Lodging Association states they “believe that this bill will increase tax revenue and tourism as well as revitalize business districts where hotels are located.”
ARGUMENTS IN OPPOSITION: Opponents outline numerous health and safety concerns and state SB 384 will lead to quality of life deterioration, drinkers driving from areas where bars close earlier to bars with later last calls, late night drinkers sharing the road with early morning commuters, and increased alcohol-related harm, including DUI accidents and fatalities. They further note the lack of resources and enforcement capacity to deal effectively with the extra service hours and mitigate the additional harms of late night drinking.
Additionally, the California College and University Police Chiefs Association states that, “SB 384 will result in many smaller jurisdictions adjacent to a 22-hour bar having to make significant deployment adjustments. These deployment adjustments amount to an unfunded mandate for many departments and will result in slower response times for other important calls for service.”
Several of the groups and organizations in opposition also cite that, “in 2010 the U.S. Community Prevention Services Task Force conducted a review of available studies and recommended against extending hours of alcohol sales/service. The Task Force repeated peer-reviewed evidence showing that increasing hours of sale by two or more hours found increases in vehicle crash injuries, emergency room admissions, and alcohol-related assault and injury.”
Opponents also note that, “SB 384 lacks any evidence to support the bill author’s claim that extending hours of sale would not increase alcohol-related harm. Extending alcohol service hours at bar and nightclubs would bring associated public safety risks and increased law enforcement costs according to recent research.”
Discussed in Hearing
13MIN
Assembly Floor
8MIN
Senate Floor
7MIN
Assembly Standing Committee on Public Safety
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
14MIN
Assembly Standing Committee on Appropriations
7MIN
Senate Floor
48MIN
