Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel.

This bill, the Domestic Violence Offender Registration Act, would require the department, upon an appropriation by the Legislature, to create a database for the purpose of storing and sharing information with local agencies and the court, regarding persons convicted of a registrable offense, as defined. The bill would also require the department to publish that information on its internet website, as specified. The bill would require the offender, as defined, to register, for up to 20 years, certain information including their place of birth and current address with the law enforcement agency having jurisdiction over their residence, as specified. The bill would create a petition process for an offender to seek removal from the registry before having completed the applicable term if they demonstrate rehabilitation and no new qualifying offenses, or they demonstrate exoneration, as specified. The bill would require the court to notify the department of certain petition-related events, including when a petition for termination from the registry is granted, denied, or summarily denied. The bill would require local agencies and the court to create a database for the purpose of storing information received from offenders pursuant to these provisions. The bill would create both civil and criminal penalties for the misuse of information disclosed pursuant to these provisions, including, if a person uses that information to commit a felony, a 5-year prison sentence in addition to and consecutive to any other punishment. The bill would also make an offenders failure to comply with registration requirements a misdemeanor, punishable by imprisonment in the county jail for up to one year. By increasing the duties on local agencies and creating new crimes, the bill would impose a state-mandated local program.

The bill would declare its provisions to be severable.

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.

Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel.

This bill, the Domestic Violence Offender Registration Act, would require the department, upon an appropriation by the Legislature, to create a database for the purpose of storing and sharing information with local agencies and the court, regarding persons convicted of a registrable offense, as defined. The bill would also require the department to publish that information on its internet website, as specified. The bill would require the offender, as defined, to register, for up to 20 years, certain information including their place of birth and current address with the law enforcement agency having jurisdiction over their residence, as specified. The bill would create a petition process for an offender to seek removal from the registry before having completed the applicable term if they demonstrate rehabilitation and no new qualifying offenses, or they demonstrate exoneration, as specified. The bill would require the court to notify the department of certain petition-related events, including when a petition for termination from the registry is granted, denied, or summarily denied. The bill would require local agencies and the court to create a database for the purpose of storing information received from offenders pursuant to these provisions. The bill would create both civil and criminal penalties for the misuse of information disclosed pursuant to these provisions, including, if a person uses that information to commit a felony, a 5-year prison sentence in addition to and consecutive to any other punishment. The bill would also make an offenders failure to comply with registration requirements a misdemeanor, punishable by imprisonment in the county jail for up to one year. By increasing the duties on local agencies and creating new crimes, the bill would impose a state-mandated local program.

The bill would declare its provisions to be severable.

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.

Date of Hearing:

Deputy Chief Counsel: Stella Choe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 2701

Author:(Jeff Gonzalez) – As Amended Ver:March 25, 2026

VOTE ONLY

SUMMARY:

Establishes the Domestic Violence Offender Registration Act. Specifically, this bill:

1. States that the Department of Justice (DOJ), subject to an appropriation from the Legislature, shall create and maintain a domestic violence offender registration database, and develop regulations, forms, and protocols necessary to implement the provisions of this bill.
2. Defines “registerable offense” to mean a conviction, for an offense committed on or after January 1, 2027, of any of the following:
   1. Willful infliction of corporal injury, as specified;
   2. Murder, attempted murder, or voluntary manslaughter, if the conviction involves domestic violence;
   3. A crime involving domestic violence, in conjunction with a conviction of any of the following:
      1. Enhancement for personal use of a firearm, machine gun, or assault weapon during the commission of a felony;
      2. 10-20-life firearm enhancement;
      3. Enhancement for causing great bodily injury (GBI);
      4. Enhancement for personal use of a firearm during the commission of a felony;
      5. Willful harm or injury to a child under circumstances or conditions likely to produce GBI or death;
      6. Threatening a witness;
      7. Mayhem;
      8. Kidnapping;
      9. Robbery;
      10. Assault with intent to commit mayhem;
      11. Human trafficking;
      12. Assault and battery as specified;
      13. Felony criminal threats;
      14. Arson;
      15. Burglary;
      16. Extortion;
      17. Possession of substances or materials with intent to make a destructive device;
      18. Conspiracy to commit any of the offenses listed above; or,
      19. Attempt to commit any of the offenses listed above.
3. Requires an offender convicted of a registerable offense to register with the law enforcement agency having jurisdiction over the residence where they reside within 10 days of each of the following:
   1. Release from custody;
   2. Change in residence;
   3. Establishing residence;
   4. Change of employment; or,
   5. Change in legal name.
4. Requires the registration to include the following information:
   1. Full legal name, including any aliases;
   2. Current address;
   3. Telephone number;
   4. Data of birth;
   5. Place of birth;
   6. Photograph;
   7. Fingerprints;
   8. Summary of qualifying offense;
   9. Employment or school information, if applicable;
   10. Physical description that includes gender and race;
   11. Criminal history;
   12. Community of residence;
   13. ZIP code of the county where the person is registered as transient; or,
   14. Any other information that DOJ deems relevant.
5. Requires DOJ to make available information concerning persons required to register to the public on an internet website, update the website on an ongoing basis, and have the website translated into languages other than English.
6. States that all information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the website.
7. States that the name or address of the person’s employer and the listed person’s criminal history other than the specific crimes for which the person is required to register shall not be included on the website.
8. Makes a person who uses information disclosed pursuant to the requirements of this bill to commit a misdemeanor, in addition to any other penalty or fine imposed, subject to a fine of not less than $10,000 and not more than $50,000; for a felony a person would be subject to an additional and consecutive term of 5 years imprisonment.
9. Authorizes a person to use information disclosed for purposes of the registry only to protect a person at risk.
10. Prohibits the use of the information disclosed for purposes of the registry for any of the following:
    1. Health insurance;
    2. Insurance;
    3. Loans;
    4. Credit;
    5. Employment;
    6. Education, scholarships, or fellowships;
    7. Housing or accommodations; or,
    8. Benefits, privileges, or services provided by any business establishment.
11. States that any use of information disclosed in the registry for purposes other than those allowed in the bill, 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 $250, attorney’s fees, exemplary damages, or a civil penalty not exceeding $25,000.
12. Authorizes a civil action to be brought against any person or group of persons if there is reasonable cause to believe they have engaged in a pattern or practice of misuse of the information available in the registry.
13. Provides that a designated law enforcement entity and its employees are immune from liability for good faith conduct.
14. Requires the Attorney General, in collaboration local law enforcement and others knowledgeable about domestic offenders, to develop strategies to assist members of the public in understanding and using publicly available information about domestic violence 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 its internet website, and any other resource that promotes public education about these offenders.
15. Specifies that the duration of registration is as follows:
    1. 10 years for an offense that does not result in a prison sentence. Any additional qualifying registerable offense, either during or after the preceding term, will result in a new 10-year term to be imposed.
    2. 20 years for an offense resulting in a state prison sentence, or an offense involving a deadly weapon, great bodily injury, or a child victim. Any additional qualifying registerable offense, either during or after the preceding term, will result in a new 20-year term to be imposed.
16. Authorizes an offender to petition for removal from the registry before serving the requisite terms if they demonstrate rehabilitation and no new qualifying offenses or if they are exonerated.
17. States that a removal from the registry is at the court’s discretion and requires notice of the petition to 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 registrable offense if different than the county where the petition is filed.
18. Requires 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, within 60 days of receipt, report to the district attorney and the superior or juvenile court in which the petition is filed whether the person has met the requirements for termination.
19. Provides that if the district attorney requests a hearing, the district attorney shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration.
20. States that in determining whether to order continued registration, the court shall consider all of the following:
    1. The nature and facts of the registerable offense;
    2. The age and number of victims;
    3. The person’s criminal and relevant noncriminal behavior before and after conviction for the registerable offense;
    4. The time period that the person has not reoffended; and,
    5. The person’s current risk of domestic violence reoffense.
21. States that a judicial determination made pursuant to this subdivision may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties that is reliable, material, and relevant.
22. States that if termination from the registry is denied, the court shall set the time period after which the person can repetition for termination. That time period shall be at least one year from the date of the denial, but shall not 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 re-petition.
23. Requires the court to notify DOJ when a petition for termination from the registry is granted, denied, summarily denied, in a manner prescribed by DOJ. If the petition is denied, the court shall also notify the department of the time period after which the person can file a new petition for termination.
24. Requires local agencies and the court to create a database to maintain registration requirement required by this bill.
25. Requires DOJ to notify law enforcement agencies, courts and state and local agencies responsible for victim services when the database required by this bill is operable. Following this notification, entities shall have six months from the date of the notification to provide the registration information required by this bill. After six months from the date of the notification, information collected and stored by local agencies or the court shall be transmitted to DOJ within three working days of receipt.
26. Provides that an offender who knowingly fails to register, update, or provide accurate information shall be guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed one year.
27. Specifies that each failure to register or update shall constitute a separate offense.
28. Contains a severability clause.

EXISTING LAW:

1. Provides that willfully inflicting corporal injury resulting in a traumatic condition upon a victim, as specified, is a felony punishable by two, three, or four years in state prison, or a misdemeanor punishable by up to one year in county jail, or by a fine of up to $6,000, or by both a fine and imprisonment. (Pen. Code, § 273.5, subd. (a).)
   
2. Provides, for purposes of domestic violence, a victim is the offender’s spouse or former spouse; the offender’s cohabitant or former cohabitant; the offender’s fiancé, or someone with whom the offender has, or previously had, and engagement or dating relationship, as specified; or, the mother or father of the offender’s child. (Pen. Code, § 273.5, subd. (b)(1)-(4).)
   
3. Defines “traumatic condition” as a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. (Pen. Code, § 273.5, subd. (c).)
4. Requires a sex offender to register for ten years, 20 years, or for a lifetime, depending on the offense. (Pen. Code, § 290, subd. (c)(1)-(2), (d).)
5. States that the DOJ is required to make information about registered sex offenders available to the public via an Internet Web site, as specified. (Pen. Code, § 290.46.)
   
6. Provides that 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, any other information that the Department of Justice deems relevant unless expressly excluded under the statute. (Id.) Requires 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 (Pen. Code, §§ 290.46, subd. (b)(2); 290.46, subd. (d)(2).)
   
7. Requires people who are sex offender registrants to disclose this status to the licensee of a community care facility before becoming a client of that facility. (Health & Saf. Code, § 1522.01.)
   
8. Imposes specified restrictions on persons registered as sex offenders with respect to employment in certain areas, such as in education (Ed. Code §§ 35021, 44345), community care facilities (Health & Saf. Code, § 1522), residential care facilities (Health & Saf. Code, § 1568.09), residential care facilities for the elderly (Health & Saf. Code, § 1569.17), day care facilities (Health & Saf. Code, § 1596.871), engaging in the business of massage (Gov. Code § 51032), physicians and surgeons (Bus. & Prof. Code, § 2221), registered nurses (Bus. & Prof. Code, § 2760.1), and others.
9. States that DOJ shall be immediately notified of the contents of protective orders including temporary, criminal court, domestic violence protective orders, and injunctions relating to harassment, unlawful violence, or threat of violence, immediately upon issuance. (Fam. Code, § 6380, subd. (b).)
10. Requires each county to develop a procedure using existing systems for electronic data transmission to the DOJ. Law enforcement, court, or other appropriate agency personnel shall enter the data electronically and transmit the data to the California Law Enforcement Telecommunications System (CLETS). The court or its designee must transmit all data filed, with respect to protective orders, to law enforcement personnel within one business day by one of the following methods:
    1. Transmitting a physical copy of the order to a local law enforcement agency authorized to enter orders into CLETS; or,
    2. With the approval to DOJ, entering the order into CLETS directly. (Fam. Code, § 6380, subd. (a).)
11. Requires all available information be included; however, the inability to provide all categories of information shall not delay the entry of information available:
    1. Names of the protected persons;
    2. Date of issuance of the order;
    3. Duration or expiration date of the order;
    4. Terms and conditions of the protective order, including stay-away, no-contact, residency exclusion, custody, and visitation provisions of the order;
    5. Department or division number and the address of the court;
    6. Whether or not the order was served upon the respondent; and,
    7. Terms and conditions of any restrictions on the ownership or possession of firearms. (Fam. Code, § 6380, subd. (b)(1)-(8).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Domestic violence remains one of the most pervasive and devastating forms of violence in our communities. Those who repeatedly commit severe acts of abuse and pose an ongoing threat to public safety. This bill seeks to address that issue by establishing a Domestic Violence Registry limited to the most serious offenders. AB 2701 is a narrowly tailored approach that ensures victims are protected and registrants are not subject to prejudicial practices. Domestic violence prevention is focused on education and awareness and therefore, a tool that provides real-time information is needed. Survivors of domestic violence often live with the constant fear of re-victimization. This bill aims to reduce that fear by ensuring that high-risk offenders are more closely monitored and that systems are in place to respond proactively.”
   
2. Existing laws on Domestic Violence: Existing penalties for domestic violence can be serious. Domestic violence is currently punishable by imprisonment in the state prison for up to four years or by imprisonment in a county jail. A second offense within seven years of a prior conviction is punishable by up to five years in prison. (Pen. Code, § 273.5, subd. (b).) There is an enhancement of up to five more years if great bodily injury is inflicted. (Pen. Code, § 12022.7, subd. (e).) Under existing law, a felony domestic violence conviction for a person with a prior strike also doubles the maximum term of incarceration. (Pen. Code, § 667, subd. (e)(1).)
   
   Depending on the conduct involved, domestic violence includes or can be charged as other crimes, including strikeable offenses. For example, a husband who punches his wife may be charged with assault likely to produce great bodily injury, even where the victim did not suffer great bodily injury. (Pen. Code, § 245, subd. (a)(4); see People v. Medellin (2020) 45 Cal.App.5th 519, 528; In re Nirran W. (1989) 207 Cal.App.3d 1157, 1161.) A mother who causes a traumatic injury to her child’s father and prevents him from leaving her residence can be charged with kidnapping, which is classified as a “serious” and “violent” felony, and domestic violence. (See People v. Delacerda (2015) 236 Cal.App.4th 282; Pen. Code, § 667.5, subd. (14); Pen. Code, § 1192.7, subd. (c)(20)) A man who threatens to blow up his boyfriend’s car and home can be charged and convicted of criminal threats, a serious felony. (Pen. Code, § 422, subd. (a); Pen. Code, § 1192.7, subd. (c)(38); see People v. Martinez (1997) 53 Cal.App.4th 1212.) A person who prevents their partner from calling the police during or after an incident involving domestic violence can be charged with a felony for dissuading or preventing a victim from making a report to law enforcement, also a serious felony. (Pen. Code, § 136.1, subd. (b)(1); Pen. Code, § 1192.7, subd. (c)(38).People v. McElroy (2005) 126 Cal.App.4th 874).
   
   Generally, punishment for domestic violence is a wobbler. A “wobbler” is a crime that can charged as, and result in a conviction for, a felony or a misdemeanor. Wobblers give prosecutors and judges a measure of discretion in case dispositions. A district attorney has the discretion to charge a “wobbler” as a felony or a misdemeanor. If a defendant is charged with a felony for a crime that is a “wobbler,” a judge can, under certain circumstances, reduce the charge to a misdemeanor or sentence the defendant to a misdemeanor.

A person who is granted probation for a crime against a domestic violence victim is subject to specified mandated probation terms including a minimum term of 3 years’ probation, the issuance of a criminal protective order protecting the victim, notice to the victim of the disposition of the case, booking the defendant within one week of sentencing if they have not already been booked, specified fees, and successful treatment of a batterer’s program. (Pen. Code, § 1203.097.)

Generally, a restraining order is public record and is searchable through the county court. Additionally, courts and law enforcement are able to see restraining orders either through the California Courts Protective Order Registry (CCPOR) or CLETS. Additionally, conviction information is also accessible by the public through a number of ways including a private background check.

1. Effect of this Legislation: Sex Offender Registry Compared: This bill would create a new publicly available registry for offenders who have committed domestic violence offenses or other specified offenses “involving domestic violence.” California law establishes several other registries based on a person’s conviction for specified offenses. The only one that is available to the public is the sex offender registry.

California’s sex offender registry was established in 1947 and started as a tool for law enforcement. In 1996, California enacted “Megan's Law” allowing the public to access an address list of registered sex offenders. Before 2003, members of the public could only obtain the information on the Megan's Law list by calling a “900” number or visiting certain designated law enforcement agencies and reviewing a CD-ROM. However, in 2003, California required the DOJ to put the Megan’s Law list of offenders on a public access website with the offender’s address, photo and list of offenses. (See Pen. Code, § 290.46, subd. (a).) For some offenders with less serious offenses, only their ZIP code is listed.

Historically, the sex offender registry required lifetime registration for persons convicted of specified sex crimes. In 2017, California modified its sex registry to a three-tiered registration system based on seriousness of the crime, risk of sexual reoffending, and criminal history. (SB 384 (Wiener), Ch. 541, Stats. 2017.) The recommendation to move to a tiered system came from the California Sex Offender Management Board’s 2010 recommendations report.^[1] According to the committee’s analysis for the bill which started off as SB 421 (Wiener) of that same year:

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.

(Sen. Com. on Public Safety, Analysis of Senate Bill No. 421 (2017-18 Reg. Sess.) as amended Apr. 17, 2017, p. 9.) A tier one offender is someone who is required to register for a misdemeanor sex offense or a felony conviction that is not a serious or violent felony. Tier one requires a person to register for a minimum of 10 years. (Pen. Code, § 290, subd. (d)(1).) A tier two offender is a person who is required to register for a felony that is defined as a serious or violent felony or other specified sex offenses, unless the person is otherwise required to register under tier three. Tier two requires a person to register for a minimum of 20 years. (Pen. Code, § 290, subd. (d)(2).) A tier three offender is a person who is convicted of a specified offense or under the One-Strike Sex Law, or is designated as a sexually violent predator or habitual sex offender, in addition to other qualifying offenses and circumstances. (Pen. Code, § 290, subd. (d)(3).)

Sex offenders are required to register annually within five working days of their birthday. (Pen. Code, § 290, subd. (b).) If the offender has no fixed address, they are required to register every 30 days. (Pen. Code, § 290.011, subd. (a).) A person is also required to notify law enforcement of any change of address within five days of moving. (Pen. Code, § 290.013.) A person who fails to register as a sex offender within the period required by law is guilty of a felony punishable by 16 months, 2 or 3 years. (Pen. Code, § 290.018, subd. (b).) A person who changes their name is required to inform law enforcement within five working days. (Pen. Code, § 290.14, subd. (a).)

The minimum time for completion of the required registration period in tier one or tier two begins on the date of the person’s release from incarceration or other commitment on the registerable offense. The time period is tolled during any period of subsequent incarceration or commitment, except that arrests not resulting in conviction, adjudication or revocation of supervision shall not toll the 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. (Pen. Code, § 290, subd. (e).)

This bill would create a new publicly available domestic violence registry. Similar to the sex offender registry, persons required to register would have to register with local law enforcement on a yearly basis, with additional reporting required upon changing residence or employment. A failure to register would be a new crime. Unlike the sex offender registry where the listed convictions requiring registration are sex crimes in and of themselves, this new registry would include persons who have been convicted of specified offenses as well as persons who are convicted of a large list of offenses that “involve domestic violence.” The bill does not define what the term means for purposes of requiring registration or whether there would be a notation in the person’s record of conviction or criminal history indicating that this is a conviction for which registration is required. Further, the bill does not specify that the domestic violence involved crime must be pled and proved, thus it is unclear how the local law enforcement agency would have notice that this person is required to register.

Generally, a person who is required to register as a sex offender is given notice of their duty to register during court proceedings and prior to release from custody by law enforcement. This bill does not provide whether the court would have to order the defendant to register at the time of sentencing, or if they would receive notice from a law enforcement agency upon release.

Existing law also places limits on where a registered sex offender may live and work, with particular focus on limiting access to children or other vulnerable people. Having registrants report such information to the local law enforcement agency helps to ensure these limitations are being complied with. Comparatively, persons convicted of domestic violence offenses do not have general residence or employment restrictions. If they are subject to probation or parole supervision, they would already have to report their residence and any employment to the supervising agency.

The bill also creates a termination of registration process similar to sex offender registration termination. The bill would allow a person to petition for early removal from the registry and allows a prosecutor to request a hearing to ask for registration continue. This bill lists some of the same factors that is used to determine whether sex offenders should continue to register beyond the minimum statutory timeframe, such as the facts of the underlying offense and the age of the victim and any relevant behavior after the conviction – but does not include other factors such as any risk assessments or consideration of whether the person completed any treatment. Because the factors listed in this bill are less comprehensive than what is required under the sex offender registration law, judges may have less guidance on when to extend registration and lead to wide inconsistencies.

As discussed above, the sex offender registry was overloaded with registrants which resulted in law enforcement spending a disproportionate amount of time on registration paperwork and supervision of a large group of people without any focus on who actually posed a threat to public safety.^[2] This bill would require, in addition to DOJ creating and maintaining a domestic violence offender database, local agencies and the court to create and maintain a domestic violence offender database and to take on duties that are incumbent on the registering agency. Due to the expansive list of convictions and related domestic violence conduct this bill would cover, the list of persons required to register on the registry would likely be expansive and pose the same resource issues and dilution of useful data that led to the need to reform the sex offender registry law.

1. What Makes Survivors Feel Safe: From a domestic violence survivor’s perspective, increased interaction with law enforcement is often not the preferred response or support most often needed. A 2025 statewide survey conducted by Blue Shield of California Foundation revealed that 63 percent reported having a personal connection to domestic violence, either directly or through friends and family and 31 percent identified as a survivor of domestic violence.^[3] Among survivors, the survey indicated that the top priorities for making survivors feel safe include the freedom to make decisions that are best for them and their families, being financially stable or having financial support while the survivor is stabilized, and having an affordable, safe place to live.^[4] Comparatively, the survey indicated that the lowest priorities included having support from local police and having their partner go to jail.^[5]

The National Network to End Domestic Violence published an article discussing domestic violence offender registries noting the unintended and harmful consequences of such public registries.^[6] These include creating a chilling effect on involving law enforcement due to being concerned for their own privacy as well as not wanting a public wall of shame as an accountability option. Additionally, safety risks for the survivor are particularly likely to escalate when the abuser loses employment or opportunities for treatment.

1. Domestic Violence Registry in Other States: Tennessee became the first state to establish a domestic violence offender registry, which went into effect January 1, 2026.^[7] The law requires the registration of a “persistent domestic violence offender” which is defined as someone who has been convicted of at least two offenses committed against a domestic violence victim. The court is required to determine whether a person meets the requirements to require registration. The duration of registration depends on the number of convictions: 5 years for one prior conviction, 7 years for two prior convictions, 10 years for three prior convictions, and 20 for four or more prior convictions. The person is automatically removed after the specified period.

This bill would require a 10- or 20- year registration period based on a single conviction. Unlike the Tennessee law, this bill does not require the court to make specified findings to ensure a person should be required to register. Additionally, the person would not be automatically removed from the registry at the end of the statutory period – the registration term may be extended for another 10- or 20-year term for a new qualifying offense.

1. Argument in Support: According to the Riverside County District Attorney’s Office, the sponsor of this bill: “This legislative measure would establish a new registry similar to PC 290 (sex registrants) to track and monitor persons convicted of certain domestic violence offenses.

“Domestic violence remains a widespread public safety issue. According to the Federal Bureau of Investigation’s ‘Domestic Relationships and Violent Crimes, 2020-2024’ report, from 2020 through 2024, the national percentage of violent crimes involving domestic relationships increased every year. While California has experienced a decrease in reported domestic violence incidents, the Public Policy Institute of California reported an upward trend of these incidents involving aggravated assault and weapons, such as knives and firearms.

“By providing real-time access to registrant data, to include physical descriptors, criminal history, and location, this legislative measure gives responding officers critical context when approaching potentially volatile domestic violence calls. This enhanced awareness improves risk assessments and can help prevent officer injury or death.

“To be clear, AB 2701 does not intend to illuminate low-level domestic violence offenders. This measure seeks to target serious and aggravated offenders only. Assembly Bill 2701’s focus on felony domestic violence with serious aggravators (e.g., weapon use, great bodily injury) ensures that registry requirements are proportionate to public safety risk, not universal for all offenders.”

1. Argument in Opposition: According to the California Partnership to End Domestic Violence: “While we recognize that this bill is well-intentioned, we believe it will harm survivors and that it does not, in any way, accomplish its stated goal of preventing domestic violence. Rather, as an expensive and ineffective distraction from the things we know prevent domestic violence and improve survivor well-being, this bill would be a step in the wrong direction for this state with regard to how it approaches the critical problem of domestic violence.

“This bill is not reflective of the interests of survivors across California, would list many survivors who have been criminalized as a result of the violence they have experienced, and would decrease reporting of domestic violence by exacerbating the fears that keep many domestic violence survivors from leaving their abusive situations. It would also be duplicative and not comprehensive, and would promote a false sense of security for those who use it. For these reasons, we strongly oppose this legislation.

“Domestic violence is preventable, multifaceted, and widespread. More than 30% of Californians identify as survivors. This public health crisis can be prevented by teaching safe and healthy relationship skills; engaging influential adults and peers; disrupting developmental pathways towards violence; creating protective environments, strengthening economic supports for families, and supporting survivors to increase safety and lessen harms. Despite what we know about how to reduce domestic violence, the state of California does not allocate any funding for domestic violence prevention. The financial resources required for the state to build and maintain a database would be far better spent by addressing root causes of violence and supporting community and statewide prevention work.

. . . .

“While the intention of a domestic violence registry is to list domestic violence offenders,

unfortunately, we know that many survivors of domestic violence would be listed in such a

registry. Studies show that most women in detention centers have experienced intimate partner violence, and their abuse is often related to why they were incarcerated. Survivors are

frequently arrested for defending themselves from their abusive partners or for reasons related to their coercion. We frequently hear of cases where survivors are not believed over their abusive partners, especially when the survivor does not speak fluent English and the abusive partner does. In a 2015 survey conducted by the National Domestic Violence Hotline, 2 in 5 survivor respondents who had called the police after experiencing domestic violence reported that they felt that police had discriminated against them, and 1 in 4 reported being arrested or threatened with arrest by police responding to their reports. We fear that a domestic violence registry would list many of these survivors, severely impairing their road to healing.

. . . .

“We also fear that a registry might also chill reporting by exacerbating the existing fear of

financial consequences that survivors experience when considering reaching out for help.

Survivors are often dependent on their abusive partners for financial support, both before and

after they leave. Child and spousal support are often key elements in how survivors begin to

cover and support themselves and their children. Even so, we know that 74,000 survivors of

domestic violence and 24,000 children of survivors were homeless in 2024. The fear of

homelessness and poverty keeps survivors trapped, and evidence from the sex offender

registry shows that being listed on such registries causes significant barriers to securing

housing and employment; a significant percentage of those listed on California’s sex offender

registry are homeless. We can assume, based upon this data, that many survivors would be

aware of the risk of their partners being listed on the registry and would hesitate even more to

report to law enforcement and others.”

1. Related Legislation: AB 2344 (Haney) would create an animal abuse registry requiring persons convicted of felony animal abuse to register for a period of 10 years from the date of conviction. AB 2344 is pending hearing in this Committee.
   
2. Prior Legislation: AB 488 (Parra), Chapter 745, Statutes of 2004, required DOJ to make specified information about sex offenders available to the public on its internet website.
   

REGISTERED SUPPORT / OPPOSITION:

Support

California District Attorneys Association
Peace Officers Research Association of California (PORAC)
Riverside County District Attorney

Opposition

ACLU California Action
All of US or None (HQ)
Alliance for Boys and Men of Color
American Nurses Association/California
Asian Women's Shelter
California Coalition for Women's Prisoners
California Partnership to End Domestic Violence
California Public Defenders Association
Californians for Safety and Justice (CSJ)
Californians United for a Responsible Budget
Courage California
Ella Baker Center for Human Rights
Felony Murder Elimination Project
Futures Without Violence
Glide
Initiate Justice
Justice2jobs Coalition
LA Defensa
Legal Services for Prisoners With Children
Los Angeles Dependency Lawyers, INC.
Los Angeles Lgbt Center
Loyola Law School, the Sunita Jain Anti-trafficking Initiative
Public Counsel
Rubicon Programs
San Francisco Public Defender
San Quentin Skunkworks
Shelter From the Storm, INC.
Smart Justice California, a Project of Beyond Impact
Strong Hearted Native Women's Coalition, INC.
The Collective Healing and Transformation Project
The University Corporation Dba Strength United
The W. Haywood Burns Institute
Western Center on Law & Poverty
Woman INC
Womanhaven, a Center for Family Solutions
Youth Leadership Institute

Analysis Prepared by:

Stella Choe / PUB. S. / (916) 319-3744

1. See https://casomb.org/docs/CASOMB%20Report%20Jan%202010_Final%20Report.pdf (Jan. 2010), p. 50. ↑

2. In 2017 when SB 421 was being considered, approximately 100,000 people were required to register as sex offenders. ↑

3. Californians’ Needs and Experiences with Domestic Violence, Equity, and Safety, Results from a Statewide Survey, Blue Shield California Foundation (Oct. 2025) available at Californians-Needs-Experiences-DV-Equity-Safety-PerryUndum-2025.pdf. ↑

4. Id. at p. 24. ↑

5. Ibid. ↑

6. Safety Net Project, National Network to End Domestic Violence, Thinking Critically About Domestic Violence Offender Registries — Safety Net Project (May 2016). ↑

7. See https://www.billtrack50.com/billdetail/1822523 ↑

Date of Hearing:

Deputy Chief Counsel: Stella Choe

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Nick Schultz, Chair

ABPCA Bill Id:AB 2701

Author:(Jeff Gonzalez) – As Amended Ver:March 25, 2026

SUMMARY:

Establishes the Domestic Violence Offender Registration Act. Specifically, this bill:

1. States that the Department of Justice (DOJ), subject to an appropriation from the Legislature, shall create and maintain a domestic violence offender registration database, and develop regulations, forms, and protocols necessary to implement the provisions of this bill.
2. Defines “registerable offense” to mean a conviction, for an offense committed on or after January 1, 2027, of any of the following:
   1. Willful infliction of corporal injury, as specified;
   2. Murder, attempted murder, or voluntary manslaughter, if the conviction involves domestic violence;
   3. A crime involving domestic violence, in conjunction with a conviction of any of the following:
      1. Enhancement for personal use of a firearm, machine gun, or assault weapon during the commission of a felony;
      2. 10-20-life firearm enhancement;
      3. Enhancement for causing great bodily injury (GBI);
      4. Enhancement for personal use of a firearm during the commission of a felony;
      5. Willful harm or injury to a child under circumstances or conditions likely to produce GBI or death;
      6. Threatening a witness;
      7. Mayhem;
      8. Kidnapping;
      9. Robbery;
      10. Assault with intent to commit mayhem;
      11. Human trafficking;
      12. Assault and battery as specified;
      13. Felony criminal threats;
      14. Arson;
      15. Burglary;
      16. Extortion;
      17. Possession of substances or materials with intent to make a destructive device;
      18. Conspiracy to commit any of the offenses listed above; or,
      19. Attempt to commit any of the offenses listed above.
3. Requires an offender convicted of a registerable offense to register with the law enforcement agency having jurisdiction over the residence where they reside within 10 days of each of the following:
   1. Release from custody;
   2. Change in residence;
   3. Establishing residence;
   4. Change of employment; or,
   5. Change in legal name.
4. Requires the registration to include the following information:
   1. Full legal name, including any aliases;
   2. Current address;
   3. Telephone number;
   4. Data of birth;
   5. Place of birth;
   6. Photograph;
   7. Fingerprints;
   8. Summary of qualifying offense;
   9. Employment or school information, if applicable;
   10. Physical description that includes gender and race;
   11. Criminal history;
   12. Community of residence;
   13. ZIP code of the county where the person is registered as transient; or,
   14. Any other information that DOJ deems relevant.
5. Requires DOJ to make available information concerning persons required to register to the public on an internet website, update the website on an ongoing basis, and have the website translated into languages other than English.
6. States that all information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the website.
7. States that the name or address of the person’s employer and the listed person’s criminal history other than the specific crimes for which the person is required to register shall not be included on the website.
8. Makes a person who uses information disclosed pursuant to the requirements of this bill to commit a misdemeanor, in addition to any other penalty or fine imposed, subject to a fine of not less than $10,000 and not more than $50,000; for a felony a person would be subject to an additional and consecutive term of 5 years imprisonment.
9. Authorizes a person to use information disclosed for purposes of the registry only to protect a person at risk.
10. Prohibits the use of the information disclosed for purposes of the registry for any of the following:
    1. Health insurance;
    2. Insurance;
    3. Loans;
    4. Credit;
    5. Employment;
    6. Education, scholarships, or fellowships;
    7. Housing or accommodations; or,
    8. Benefits, privileges, or services provided by any business establishment.
11. States that any use of information disclosed in the registry for purposes other than those allowed in the bill, 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 $250, attorney’s fees, exemplary damages, or a civil penalty not exceeding $25,000.
12. Authorizes a civil action to be brought against any person or group of persons if there is reasonable cause to believe they have engaged in a pattern or practice of misuse of the information available in the registry.
13. Provides that a designated law enforcement entity and its employees are immune from liability for good faith conduct.
14. Requires the Attorney General, in collaboration local law enforcement and others knowledgeable about domestic offenders, to develop strategies to assist members of the public in understanding and using publicly available information about domestic violence 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 its internet website, and any other resource that promotes public education about these offenders.
15. Specifies that the duration of registration is as follows:
    1. 10 years for an offense that does not result in a prison sentence. Any additional qualifying registerable offense, either during or after the preceding term, will result in a new 10-year term to be imposed.
    2. 20 years for an offense resulting in a state prison sentence, or an offense involving a deadly weapon, great bodily injury, or a child victim. Any additional qualifying registerable offense, either during or after the preceding term, will result in a new 20-year term to be imposed.
16. Authorizes an offender to petition for removal from the registry before serving the requisite terms if they demonstrate rehabilitation and no new qualifying offenses or if they are exonerated.
17. States that a removal from the registry is at the court’s discretion and requires notice of the petition to 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 registrable offense if different than the county where the petition is filed.
18. Requires 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, within 60 days of receipt, report to the district attorney and the superior or juvenile court in which the petition is filed whether the person has met the requirements for termination.
19. Provides that if the district attorney requests a hearing, the district attorney shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration.
20. States that in determining whether to order continued registration, the court shall consider all of the following:
    1. The nature and facts of the registerable offense;
    2. The age and number of victims;
    3. The person’s criminal and relevant noncriminal behavior before and after conviction for the registerable offense;
    4. The time period that the person has not reoffended; and,
    5. The person’s current risk of domestic violence reoffense.
21. States that a judicial determination made pursuant to this subdivision may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties that is reliable, material, and relevant.
22. States that if termination from the registry is denied, the court shall set the time period after which the person can repetition for termination. That time period shall be at least one year from the date of the denial, but shall not 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 re-petition.
23. Requires the court to notify DOJ when a petition for termination from the registry is granted, denied, summarily denied, in a manner prescribed by DOJ. If the petition is denied, the court shall also notify the department of the time period after which the person can file a new petition for termination.
24. Requires local agencies and the court to create a database to maintain registration requirement required by this bill.
25. Requires DOJ to notify law enforcement agencies, courts and state and local agencies responsible for victim services when the database required by this bill is operable. Following this notification, entities shall have six months from the date of the notification to provide the registration information required by this bill. After six months from the date of the notification, information collected and stored by local agencies or the court shall be transmitted to DOJ within three working days of receipt.
26. Provides that an offender who knowingly fails to register, update, or provide accurate information shall be guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed one year.
27. Specifies that each failure to register or update shall constitute a separate offense.
28. Contains a severability clause.

EXISTING LAW:

1. Provides that willfully inflicting corporal injury resulting in a traumatic condition upon a victim, as specified, is a felony punishable by two, three, or four years in state prison, or a misdemeanor punishable by up to one year in county jail, or by a fine of up to $6,000, or by both a fine and imprisonment. (Pen. Code, § 273.5, subd. (a).)
   
2. Provides, for purposes of domestic violence, a victim is the offender’s spouse or former spouse; the offender’s cohabitant or former cohabitant; the offender’s fiancé, or someone with whom the offender has, or previously had, and engagement or dating relationship, as specified; or, the mother or father of the offender’s child. (Pen. Code, § 273.5, subd. (b)(1)-(4).)
   
3. Defines “traumatic condition” as a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. (Pen. Code, § 273.5, subd. (c).)
4. Requires a sex offender to register for ten years, 20 years, or for a lifetime, depending on the offense. (Pen. Code, § 290, subd. (c)(1)-(2), (d).)
5. States that the DOJ is required to make information about registered sex offenders available to the public via an Internet Web site, as specified. (Pen. Code, § 290.46.)
   
6. Provides that 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, any other information that the Department of Justice deems relevant unless expressly excluded under the statute. (Id.) Requires 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 (Pen. Code, §§ 290.46, subd. (b)(2); 290.46, subd. (d)(2).)
   
7. Requires people who are sex offender registrants to disclose this status to the licensee of a community care facility before becoming a client of that facility. (Health & Saf. Code, § 1522.01.)
   
8. Imposes specified restrictions on persons registered as sex offenders with respect to employment in certain areas, such as in education (Ed. Code §§ 35021, 44345), community care facilities (Health & Saf. Code, § 1522), residential care facilities (Health & Saf. Code, § 1568.09), residential care facilities for the elderly (Health & Saf. Code, § 1569.17), day care facilities (Health & Saf. Code, § 1596.871), engaging in the business of massage (Gov. Code § 51032), physicians and surgeons (Bus. & Prof. Code, § 2221), registered nurses (Bus. & Prof. Code, § 2760.1), and others.
9. States that DOJ shall be immediately notified of the contents of protective orders including temporary, criminal court, domestic violence protective orders, and injunctions relating to harassment, unlawful violence, or threat of violence, immediately upon issuance. (Fam. Code, § 6380, subd. (b).)
10. Requires each county to develop a procedure using existing systems for electronic data transmission to the DOJ. Law enforcement, court, or other appropriate agency personnel shall enter the data electronically and transmit the data to the California Law Enforcement Telecommunications System (CLETS). The court or its designee must transmit all data filed, with respect to protective orders, to law enforcement personnel within one business day by one of the following methods:
    1. Transmitting a physical copy of the order to a local law enforcement agency authorized to enter orders into CLETS; or,
    2. With the approval to DOJ, entering the order into CLETS directly. (Fam. Code, § 6380, subd. (a).)
11. Requires all available information be included; however, the inability to provide all categories of information shall not delay the entry of information available:
    1. Names of the protected persons;
    2. Date of issuance of the order;
    3. Duration or expiration date of the order;
    4. Terms and conditions of the protective order, including stay-away, no-contact, residency exclusion, custody, and visitation provisions of the order;
    5. Department or division number and the address of the court;
    6. Whether or not the order was served upon the respondent; and,
    7. Terms and conditions of any restrictions on the ownership or possession of firearms. (Fam. Code, § 6380, subd. (b)(1)-(8).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, “Domestic violence remains one of the most pervasive and devastating forms of violence in our communities. Those who repeatedly commit severe acts of abuse and pose an ongoing threat to public safety. This bill seeks to address that issue by establishing a Domestic Violence Registry limited to the most serious offenders. AB 2701 is a narrowly tailored approach that ensures victims are protected and registrants are not subject to prejudicial practices. Domestic violence prevention is focused on education and awareness and therefore, a tool that provides real-time information is needed. Survivors of domestic violence often live with the constant fear of re-victimization. This bill aims to reduce that fear by ensuring that high-risk offenders are more closely monitored and that systems are in place to respond proactively.”
   
2. Existing laws on Domestic Violence: Existing penalties for domestic violence can be serious. Domestic violence is currently punishable by imprisonment in the state prison for up to four years or by imprisonment in a county jail. A second offense within seven years of a prior conviction is punishable by up to five years in prison. (Pen. Code, § 273.5, subd. (b).) There is an enhancement of up to five more years if great bodily injury is inflicted. (Pen. Code, § 12022.7, subd. (e).) Under existing law, a felony domestic violence conviction for a person with a prior strike also doubles the maximum term of incarceration. (Pen. Code, § 667, subd. (e)(1).)
   
   Depending on the conduct involved, domestic violence includes or can be charged as other crimes, including strikeable offenses. For example, a husband who punches his wife may be charged with assault likely to produce great bodily injury, even where the victim did not suffer great bodily injury. (Pen. Code, § 245, subd. (a)(4); see People v. Medellin (2020) 45 Cal.App.5th 519, 528; In re Nirran W. (1989) 207 Cal.App.3d 1157, 1161.) A mother who causes a traumatic injury to her child’s father and prevents him from leaving her residence can be charged with kidnapping, which is classified as a “serious” and “violent” felony, and domestic violence. (See People v. Delacerda (2015) 236 Cal.App.4th 282; Pen. Code, § 667.5, subd. (14); Pen. Code, § 1192.7, subd. (c)(20)) A man who threatens to blow up his boyfriend’s car and home can be charged and convicted of criminal threats, a serious felony. (Pen. Code, § 422, subd. (a); Pen. Code, § 1192.7, subd. (c)(38); see People v. Martinez (1997) 53 Cal.App.4th 1212.) A person who prevents their partner from calling the police during or after an incident involving domestic violence can be charged with a felony for dissuading or preventing a victim from making a report to law enforcement, also a serious felony. (Pen. Code, § 136.1, subd. (b)(1); Pen. Code, § 1192.7, subd. (c)(38).People v. McElroy (2005) 126 Cal.App.4th 874).
   
   Generally, punishment for domestic violence is a wobbler. A “wobbler” is a crime that can charged as, and result in a conviction for, a felony or a misdemeanor. Wobblers give prosecutors and judges a measure of discretion in case dispositions. A district attorney has the discretion to charge a “wobbler” as a felony or a misdemeanor. If a defendant is charged with a felony for a crime that is a “wobbler,” a judge can, under certain circumstances, reduce the charge to a misdemeanor or sentence the defendant to a misdemeanor.

A person who is granted probation for a crime against a domestic violence victim is subject to specified mandated probation terms including a minimum term of 3 years’ probation, the issuance of a criminal protective order protecting the victim, notice to the victim of the disposition of the case, booking the defendant within one week of sentencing if they have not already been booked, specified fees, and successful treatment of a batterer’s program. (Pen. Code, § 1203.097.)

Generally, a restraining order is public record and is searchable through the county court. Additionally, courts and law enforcement are able to see restraining orders either through the California Courts Protective Order Registry (CCPOR) or CLETS. Additionally, conviction information is also accessible by the public through a number of ways including a private background check.

1. Effect of this Legislation: Sex Offender Registry Compared: This bill would create a new publicly available registry for offenders who have committed domestic violence offenses or other specified offenses “involving domestic violence.” California law establishes several other registries based on a person’s conviction for specified offenses. The only one that is available to the public is the sex offender registry.

California’s sex offender registry was established in 1947 and started as a tool for law enforcement. In 1996, California enacted “Megan's Law” allowing the public to access an address list of registered sex offenders. Before 2003, members of the public could only obtain the information on the Megan's Law list by calling a “900” number or visiting certain designated law enforcement agencies and reviewing a CD-ROM. However, in 2003, California required the DOJ to put the Megan’s Law list of offenders on a public access website with the offender’s address, photo and list of offenses. (See Pen. Code, § 290.46, subd. (a).) For some offenders with less serious offenses, only their ZIP code is listed.

Historically, the sex offender registry required lifetime registration for persons convicted of specified sex crimes. In 2017, California modified its sex registry to a three-tiered registration system based on seriousness of the crime, risk of sexual reoffending, and criminal history. (SB 384 (Wiener), Ch. 541, Stats. 2017.) The recommendation to move to a tiered system came from the California Sex Offender Management Board’s 2010 recommendations report.^[1] According to the committee’s analysis for the bill which started off as SB 421 (Wiener) of that same year:

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.

(Sen. Com. on Public Safety, Analysis of Senate Bill No. 421 (2017-18 Reg. Sess.) as amended Apr. 17, 2017, p. 9.) A tier one offender is someone who is required to register for a misdemeanor sex offense or a felony conviction that is not a serious or violent felony. Tier one requires a person to register for a minimum of 10 years. (Pen. Code, § 290, subd. (d)(1).) A tier two offender is a person who is required to register for a felony that is defined as a serious or violent felony or other specified sex offenses, unless the person is otherwise required to register under tier three. Tier two requires a person to register for a minimum of 20 years. (Pen. Code, § 290, subd. (d)(2).) A tier three offender is a person who is convicted of a specified offense or under the One-Strike Sex Law, or is designated as a sexually violent predator or habitual sex offender, in addition to other qualifying offenses and circumstances. (Pen. Code, § 290, subd. (d)(3).)

Sex offenders are required to register annually within five working days of their birthday. (Pen. Code, § 290, subd. (b).) If the offender has no fixed address, they are required to register every 30 days. (Pen. Code, § 290.011, subd. (a).) A person is also required to notify law enforcement of any change of address within five days of moving. (Pen. Code, § 290.013.) A person who fails to register as a sex offender within the period required by law is guilty of a felony punishable by 16 months, 2 or 3 years. (Pen. Code, § 290.018, subd. (b).) A person who changes their name is required to inform law enforcement within five working days. (Pen. Code, § 290.14, subd. (a).)

The minimum time for completion of the required registration period in tier one or tier two begins on the date of the person’s release from incarceration or other commitment on the registerable offense. The time period is tolled during any period of subsequent incarceration or commitment, except that arrests not resulting in conviction, adjudication or revocation of supervision shall not toll the 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. (Pen. Code, § 290, subd. (e).)

This bill would create a new publicly available domestic violence registry. Similar to the sex offender registry, persons required to register would have to register with local law enforcement on a yearly basis, with additional reporting required upon changing residence or employment. A failure to register would be a new crime. Unlike the sex offender registry where the listed convictions requiring registration are sex crimes in and of themselves, this new registry would include persons who have been convicted of specified offenses as well as persons who are convicted of a large list of offenses that “involve domestic violence.” The bill does not define what the term means for purposes of requiring registration or whether there would be a notation in the person’s record of conviction or criminal history indicating that this is a conviction for which registration is required. Further, the bill does not specify that the domestic violence involved crime must be pled and proved, thus it is unclear how the local law enforcement agency would have notice that this person is required to register.

Generally, a person who is required to register as a sex offender is given notice of their duty to register during court proceedings and prior to release from custody by law enforcement. This bill does not provide whether the court would have to order the defendant to register at the time of sentencing, or if they would receive notice from a law enforcement agency upon release.

Existing law also places limits on where a registered sex offender may live and work, with particular focus on limiting access to children or other vulnerable people. Having registrants report such information to the local law enforcement agency helps to ensure these limitations are being complied with. Comparatively, persons convicted of domestic violence offenses do not have general residence or employment restrictions. If they are subject to probation or parole supervision, they would already have to report their residence and any employment to the supervising agency.

The bill also creates a termination of registration process similar to sex offender registration termination. The bill would allow a person to petition for early removal from the registry and allows a prosecutor to request a hearing to ask for registration continue. This bill lists some of the same factors that is used to determine whether sex offenders should continue to register beyond the minimum statutory timeframe, such as the facts of the underlying offense and the age of the victim and any relevant behavior after the conviction – but does not include other factors such as any risk assessments or consideration of whether the person completed any treatment. Because the factors listed in this bill are less comprehensive than what is required under the sex offender registration law, judges may have less guidance on when to extend registration and lead to wide inconsistencies.

As discussed above, the sex offender registry was overloaded with registrants which resulted in law enforcement spending a disproportionate amount of time on registration paperwork and supervision of a large group of people without any focus on who actually posed a threat to public safety.^[2] This bill would require, in addition to DOJ creating and maintaining a domestic violence offender database, local agencies and the court to create and maintain a domestic violence offender database and to take on duties that are incumbent on the registering agency. Due to the expansive list of convictions and related domestic violence conduct this bill would cover, the list of persons required to register on the registry would likely be expansive and pose the same resource issues and dilution of useful data that led to the need to reform the sex offender registry law.

1. What Makes Survivors Feel Safe: From a domestic violence survivor’s perspective, increased interaction with law enforcement is often not the preferred response or support most often needed. A 2025 statewide survey conducted by Blue Shield of California Foundation revealed that 63 percent reported having a personal connection to domestic violence, either directly or through friends and family and 31 percent identified as a survivor of domestic violence.^[3] Among survivors, the survey indicated that the top priorities for making survivors feel safe include the freedom to make decisions that are best for them and their families, being financially stable or having financial support while the survivor is stabilized, and having an affordable, safe place to live.^[4] Comparatively, the survey indicated that the lowest priorities included having support from local police and having their partner go to jail.^[5]

The National Network to End Domestic Violence published an article discussing domestic violence offender registries noting the unintended and harmful consequences of such public registries.^[6] These include creating a chilling effect on involving law enforcement due to being concerned for their own privacy as well as not wanting a public wall of shame as an accountability option. Additionally, safety risks for the survivor are particularly likely to escalate when the abuser loses employment or opportunities for treatment.

1. Domestic Violence Registry in Other States: Tennessee became the first state to establish a domestic violence offender registry, which went into effect January 1, 2026.^[7] The law requires the registration of a “persistent domestic violence offender” which is defined as someone who has been convicted of at least two offenses committed against a domestic violence victim. The court is required to determine whether a person meets the requirements to require registration. The duration of registration depends on the number of convictions: 5 years for one prior conviction, 7 years for two prior convictions, 10 years for three prior convictions, and 20 for four or more prior convictions. The person is automatically removed after the specified period.

This bill would require a 10- or 20- year registration period based on a single conviction. Unlike the Tennessee law, this bill does not require the court to make specified findings to ensure a person should be required to register. Additionally, the person would not be automatically removed from the registry at the end of the statutory period – the registration term may be extended for another 10- or 20-year term for a new qualifying offense.

1. Argument in Support: According to the Riverside County District Attorney’s Office, the sponsor of this bill: “This legislative measure would establish a new registry similar to PC 290 (sex registrants) to track and monitor persons convicted of certain domestic violence offenses.

“Domestic violence remains a widespread public safety issue. According to the Federal Bureau of Investigation’s ‘Domestic Relationships and Violent Crimes, 2020-2024’ report, from 2020 through 2024, the national percentage of violent crimes involving domestic relationships increased every year. While California has experienced a decrease in reported domestic violence incidents, the Public Policy Institute of California reported an upward trend of these incidents involving aggravated assault and weapons, such as knives and firearms.

“By providing real-time access to registrant data, to include physical descriptors, criminal history, and location, this legislative measure gives responding officers critical context when approaching potentially volatile domestic violence calls. This enhanced awareness improves risk assessments and can help prevent officer injury or death.

“To be clear, AB 2701 does not intend to illuminate low-level domestic violence offenders. This measure seeks to target serious and aggravated offenders only. Assembly Bill 2701’s focus on felony domestic violence with serious aggravators (e.g., weapon use, great bodily injury) ensures that registry requirements are proportionate to public safety risk, not universal for all offenders.”

1. Argument in Opposition: According to the California Partnership to End Domestic Violence: “While we recognize that this bill is well-intentioned, we believe it will harm survivors and that it does not, in any way, accomplish its stated goal of preventing domestic violence. Rather, as an expensive and ineffective distraction from the things we know prevent domestic violence and improve survivor well-being, this bill would be a step in the wrong direction for this state with regard to how it approaches the critical problem of domestic violence.

“This bill is not reflective of the interests of survivors across California, would list many survivors who have been criminalized as a result of the violence they have experienced, and would decrease reporting of domestic violence by exacerbating the fears that keep many domestic violence survivors from leaving their abusive situations. It would also be duplicative and not comprehensive, and would promote a false sense of security for those who use it. For these reasons, we strongly oppose this legislation.

“Domestic violence is preventable, multifaceted, and widespread. More than 30% of Californians identify as survivors. This public health crisis can be prevented by teaching safe and healthy relationship skills; engaging influential adults and peers; disrupting developmental pathways towards violence; creating protective environments, strengthening economic supports for families, and supporting survivors to increase safety and lessen harms. Despite what we know about how to reduce domestic violence, the state of California does not allocate any funding for domestic violence prevention. The financial resources required for the state to build and maintain a database would be far better spent by addressing root causes of violence and supporting community and statewide prevention work.

. . . .

“While the intention of a domestic violence registry is to list domestic violence offenders,

unfortunately, we know that many survivors of domestic violence would be listed in such a

registry. Studies show that most women in detention centers have experienced intimate partner violence, and their abuse is often related to why they were incarcerated. Survivors are

frequently arrested for defending themselves from their abusive partners or for reasons related to their coercion. We frequently hear of cases where survivors are not believed over their abusive partners, especially when the survivor does not speak fluent English and the abusive partner does. In a 2015 survey conducted by the National Domestic Violence Hotline, 2 in 5 survivor respondents who had called the police after experiencing domestic violence reported that they felt that police had discriminated against them, and 1 in 4 reported being arrested or threatened with arrest by police responding to their reports. We fear that a domestic violence registry would list many of these survivors, severely impairing their road to healing.

. . . .

“We also fear that a registry might also chill reporting by exacerbating the existing fear of

financial consequences that survivors experience when considering reaching out for help.

Survivors are often dependent on their abusive partners for financial support, both before and

after they leave. Child and spousal support are often key elements in how survivors begin to

cover and support themselves and their children. Even so, we know that 74,000 survivors of

domestic violence and 24,000 children of survivors were homeless in 2024. The fear of

homelessness and poverty keeps survivors trapped, and evidence from the sex offender

registry shows that being listed on such registries causes significant barriers to securing

housing and employment; a significant percentage of those listed on California’s sex offender

registry are homeless. We can assume, based upon this data, that many survivors would be

aware of the risk of their partners being listed on the registry and would hesitate even more to

report to law enforcement and others.”

1. Related Legislation: AB 2344 (Haney) would create an animal abuse registry requiring persons convicted of felony animal abuse to register for a period of 10 years from the date of conviction. AB 2344 is pending hearing in this Committee.
   
2. Prior Legislation: AB 488 (Parra), Chapter 745, Statutes of 2004, required DOJ to make specified information about sex offenders available to the public on its internet website.
   

REGISTERED SUPPORT / OPPOSITION:

Support

California District Attorneys Association
Peace Officers Research Association of California (PORAC)
Riverside County District Attorney

Opposition

ACLU California Action
All of US or None (HQ)
Alliance for Boys and Men of Color
American Nurses Association/california
Asian Women's Shelter
California Coalition for Women's Prisoners
California Partnership to End Domestic Violence
California Public Defenders Association
Californians for Safety and Justice (CSJ)
Californians United for a Responsible Budget
Courage California
Ella Baker Center for Human Rights
Futures Without Violence
Glide
Initiate Justice
Justice2jobs Coalition
LA Defensa
Legal Services for Prisoners With Children
Los Angeles Dependency Lawyers, INC.
Los Angeles Lgbt Center
Loyola Law School, the Sunita Jain Anti-trafficking Initiative
Public Counsel
Rubicon Programs
San Francisco Public Defender
San Quentin Skunkworks
Shelter From the Storm, INC.
Smart Justice California, a Project of Beyond Impact
Strong Hearted Native Women's Coalition, INC.
The Collective Healing and Transformation Project
The W. Haywood Burns Institute
Western Center on Law & Poverty
Woman INC
Youth Leadership Institute

Analysis Prepared by:

Stella Choe / PUB. S. / (916) 319-3744

1. See https://casomb.org/docs/CASOMB%20Report%20Jan%202010_Final%20Report.pdf (Jan. 2010), p. 50. ↑

2. In 2017 when SB 421 was being considered, approximately 100,000 people were required to register as sex offenders. ↑

3. Californians’ Needs and Experiences with Domestic Violence, Equity, and Safety, Results from a Statewide Survey, Blue Shield California Foundation (Oct. 2025) available at Californians-Needs-Experiences-DV-Equity-Safety-PerryUndum-2025.pdf. ↑

4. Id. at p. 24. ↑

5. Ibid. ↑

6. Safety Net Project, National Network to End Domestic Violence, Thinking Critically About Domestic Violence Offender Registries — Safety Net Project (May 2016). ↑

7. See https://www.billtrack50.com/billdetail/1822523 ↑