SB 757: Prostitution: sex offender registration and DNA collection.

Existing law, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires persons convicted of specified sex offenses, 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. Existing law, commencing January 1, 2021, establishes 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. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. The Legislature may amend Proposition 35 by a statute passed in each house by a majority vote.

This bill would add to the list of offenses requiring registration, the offense of soliciting, or agreeing to engage in, or engaging in, an act of prostitution with a minor in exchange for providing money or compensation to the minor. The bill would also add this offense to the list of crimes the offense of soliciting, or agreeing to engage in, or engaging in, an act of prostitution with a minor in exchange for providing money or compensation to the minor, except as specified, to the list of offenses requiring registration as a tier one offender on the sex offender registry commencing January 1, 2021. By imposing additional duties on local authorities, and by expanding the scope of persons who would be committing a crime by failing to register as a sex offender, this bill would create a state-mandated local program.

Existing law, as amended by the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, Proposition 69, approved by the voters at the November 2, 2004, general election, requires a person who has been convicted of a felony offense to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. Existing law makes these provisions retroactive, regardless of when the crime charged or committed became a qualifying offense. The Legislature may amend Proposition 69 by a statute passed in each house by majority vote, as specified.

This bill would expand these provisions to require persons convicted of soliciting, agreeing to engage in, or engaging in, an act of prostitution with a minor in exchange for providing money or compensation to the minor to provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other biological samples required for law enforcement identification analysis. By imposing additional duties on local law enforcement agencies to collect and forward these samples, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.