BILL NUMBER: AB 488	CHAPTERED
	BILL TEXT

	CHAPTER  745
	FILED WITH SECRETARY OF STATE  SEPTEMBER 24, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 24, 2004
	PASSED THE ASSEMBLY  AUGUST 24, 2004
	PASSED THE SENATE  AUGUST 19, 2004
	AMENDED IN SENATE  JULY 19, 2004
	AMENDED IN SENATE  JUNE 30, 2004
	AMENDED IN SENATE  JUNE 14, 2004
	AMENDED IN ASSEMBLY  JANUARY 26, 2004
	AMENDED IN ASSEMBLY  JUNE 2, 2003
	AMENDED IN ASSEMBLY  APRIL 7, 2003
	AMENDED IN ASSEMBLY  MARCH 26, 2003

INTRODUCED BY   Assembly Members Parra and Spitzer
   (Principal coauthor:  Assembly Member Pacheco)
   (Coauthors:  Assembly Members Bermudez, Calderon, Canciamilla,
Chavez, Cohn, Correa, Diaz, Dutra, Firebaugh, Frommer, Jerome Horton,
Kehoe, Lieber, Longville, Matthews, Montanez, Mullin, Nakano, Nunez,
Reyes, Ridley-Thomas, Salinas, Steinberg, Vargas, Wesson, and
Wiggins)
   (Coauthor:  Senator Margett)

                        FEBRUARY 14, 2003

   An act to add Section 290.46 to the Penal Code, relating to sex
offenders, making an appropriation therefor, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 488, Parra.  Sex offenders.
   Until January 1, 2007, existing law requires the Department of
Justice to continually compile specified information categorized by
community of residence and ZIP Code regarding any person required to
register as a sex offender for a conviction for the commission or
attempted commission of any specified sex offense.  Existing law
requires the Department of Justice to operate a "900" telephone
number for the public to inquire whether a named individual is among
those specified registrants.  Existing law also requires the
department to provide a CD-ROM or other electronic medium containing
a specified portion of the compiled sex offender information to
certain law enforcement agencies.  These law enforcement agencies are
required to make the CD-ROM or other electronic medium available for
public viewing, as specified.  Existing law makes unauthorized use
of the CD-ROM or "900" telephone number information a misdemeanor,
and requires that reports be made by the department concerning the
"900" telephone number program.
   This bill would require the Department of Justice, on or before
July 1, 2005, to make specified information about certain sex
offenders available to the public via the Internet Web site and to
update that information on an ongoing basis.  This information would
include all of the information currently available to the public via
the CD-ROM, and would also include the home address of specified
offenders.  With regard to certain offenders whose residence
addresses are to go on the Internet Web site only under specified
circumstances relating to their criminal histories, the department
would be required to put that address information on the Internet Web
site on or before July 1, 2006.  This bill would also provide that
certain offenders with less serious sexual offense histories, as
specified, may apply to the Department of Justice for exclusion from
the Internet Web site.  This bill would provide that such an
individual would bear the burden of proving the facts that make him
or her eligible for exclusion.  This bill would require the
department to make a reasonable effort to provide notice to affected
sex offenders that the department is required to make information
about him or her available to the public via an Internet Web site and
that he or she may be eligible for exclusion from the Internet Web
site, as specified.
   The bill would also (1) provide that any person who uses
information disclosed pursuant to the Internet Web site to commit a
misdemeanor is punishable by a fine of not less than $10,000, nor
more than $50,000, and that the use of that information to commit a
felony is punishable by an additional 5-year term of imprisonment;
(2) make it a misdemeanor for a sex offender who is required to
register to enter the Internet Web site; (3) provide for civil
liability for the misuse of sex offender information from the
Internet Web site; and (4) require the Department of Justice to
submit to the Legislature an annual report on the Internet Web site.

   This bill would also state the intent of the Legislature to
maintain an accurate sex registration database and to assist local
agencies to develop strategies to achieve that goal.
   This bill would appropriate $650,000 from the General Fund to the
Department of Justice to implement this act.
   Because this bill would create new crimes, 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 no reimbursement is required by this
act for a specified reason.
   This bill would provide that it would take effect immediately as
an urgency statute.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 290.46 is added to the Penal Code, to read:
   290.46.  (a) 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 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 Web site.
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 Web site.  The
Web site shall be translated into languages other than English as
determined by the department.
   (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 this subdivision or the statutory
predecessors of any of these offenses, or any offense which, if
committed or attempted to be committed in this state, would have been
punishable as one or more of the offenses listed in this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her names and known aliases,
a photograph, a physical description, including gender and race, date
of birth, criminal history, 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).
   (2) This subdivision shall apply to the following offenses:
   (A) Subdivision (b) of Section 207.
   (B) Subdivision (b) of Section 209, except kidnapping to commit
robbery.
   (C) Paragraph (2) or (6) of subdivision (a) of Section 261.
   (D) Section 264.1.
   (E) Section 269.
   (F) Subdivision (c) or (d) of Section 286.
   (G) Subdivision (a), (b), or (c) of Section 288, provided that the
offense is a felony.
   (H) Subdivision (c) or (d) of Section 288a.
   (I) Section 288.5.
   (J) Subdivision (a) or (j) of Section 289.
   (3) This subdivision shall also apply to any person who has ever
been adjudicated a sexually violent predator as defined in Section
6600 of the Welfare and Institutions Code.
   (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) or the statutory
predecessors of any of these offenses, or any offense which, if
committed or attempted to be committed in this state, would have been
punishable as one or more of the offenses listed in this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her names 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, and any other information that the
Department of Justice deems relevant, but not the information
excluded pursuant to subdivision (a).  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 paragraph (2) of
subdivision (a) of Section 290, subject to this subdivision.  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 paragraph (2) of subdivision (a) 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.
   (2) This subdivision shall apply to the following offenses,
provided that the person has one or more prior or subsequent
convictions of an offense listed in paragraph (2) of subdivision (a)
of Section 290:
   (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 this subdivision or the statutory
predecessors of any of these offenses, or of any offense which, if
committed or attempted to be committed in this state, would have been
punishable as one or more of the offenses listed in this
subdivision, the Department of Justice shall make available to the
public via the Internet Web site his or her names 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, 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:
   (A) Section 220, except assault to commit mayhem, with no prior or
subsequent conviction of an offense listed in paragraph (2) of
subdivision (a) of Section 290.
   (B) Subdivision (a) of Section 243.4, provided that the offense is
a felony.
   (C) Paragraph (1), (3), or (4) of subdivision (a) of Section 261,
with no prior or subsequent conviction of an offense listed in
paragraph (2) of subdivision (a) of Section 290.
   (D) Section 266, provided that the offense is a felony.
   (E) Section 266c, provided that the offense is a felony.
   (F) Section 266j.
   (G) Section 267.
   (H) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 286, with no prior or subsequent conviction of an
offense listed in paragraph (2) of subdivision (a) of Section 290.
   (I) Subdivision (c) of Section 288, provided that the offense is a
misdemeanor.
   (J) Paragraph (2) of subdivision (b), or subdivision (f), (g), or
(i), of Section 288a, with no prior or subsequent conviction of an
offense listed in paragraph (2) of subdivision (a) of Section 290.
   (K) Subdivision (b), (d), (e), or (i) of Section 289, with no
prior or subsequent conviction of an offense listed in paragraph (2)
of subdivision (a) of Section 290.
   (L) Section 647.6.
   (e) (1) If a person has been convicted of the commission or the
attempted commission of any of the offenses listed in this
subdivision or the statutory predecessors of any of these offenses,
or of any offense which, if committed or attempted to be committed in
this state, would have been punishable as one or more 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 for exclusion from the Internet Web site with the
Department of Justice.  If the department determines that the person
meets the requirements of this subdivision, the department shall
grant the exclusion and no information concerning him or her 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, provided the offense is a misdemeanor.
   (C) An offense listed in subdivision (b), (c), or (d) if the
offender is eligible for, granted, and successfully completes
probation pursuant to Section 1203.066 of the Penal Code.
   (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 him or her 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 he or she may be eligible for exclusion from the
Internet Web site if he or she may have been convicted of an offense
for which exclusion is available pursuant to subdivision (e).
   (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 the
Internet Web site 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 the
Internet Web site to commit a felony shall be punished, in addition
and consecutive to any other punishment, by a five-year term of
imprisonment in the state prison.
   (i) Any person who is required to register pursuant to Section 290
who enters the Web site is punishable 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, 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 attorney's 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 the Internet Web site 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) On or before July 1, 2006, and every year thereafter, the
Department of Justice shall make a report to the Legislature
concerning the operation of this section.
   (l) The Department of Justice and its employees shall be immune
from liability for good faith conduct under this section.
  SEC. 2.  It is the intent of the Legislature that the Department of
Justice continue to maximize all available resources to ensure the
highest degree of accuracy in the sex registration database, and that
the department assist local agencies in developing strategies to
achieve that goal.
  SEC. 3.  The sum of six hundred fifty thousand dollars ($650,000)
is hereby appropriated from the General Fund to the Department of
Justice for the purpose of implementing this act.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.
  SEC. 5.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure that members of the public have adequate
information about the identities and locations of sex offenders who
may put them and their families at risk, it is necessary that this
act take effect immediately.