BILL NUMBER: AB 625	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 26, 2012
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  MARCH 31, 2011

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 16, 2011

   An act to amend Sections 290 and 290.006 of the Penal Code,
relating to sex offender registration.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 625, as amended, Ammiano. Sex offender registration.
   Existing law, the Sex Offender Registration Act, requires a person
convicted of certain crimes, as specified, for the rest of his or
her life while residing in California, or while attending school or
working in California, as specified, to register with law enforcement
as a sex offender.
   This bill would instead establish  3   4
tiers of registration  , including 3 tiers of registration 
based on specified criteria, for periods of 10 years, 20 years, and
life, respectively, as specified  , and a 4th tier of
registration, known as "inactive   registration," that would
include a person who does not come within the other 3 tiers and who
is required to reregister during his or her lifetime only if he or
she changes his or her address  . The bill would require that by
January 1, 2017, as specified, a tier level be assigned to every
person registered as a sex offender, except a person who has not
registered after January 1, 1996, unless that person registers again.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 290 of the Penal Code is amended to read:
   290.  (a) Sections 290 to 290.023, inclusive, shall be known and
may be cited as the Sex Offender Registration Act. All references to
"the Act" in those sections are to the Sex Offender Registration Act.

   (b) Every person described in subdivision (c), for the period
specified in subdivision (d) while residing in California, or while
attending school or working in California, as described in Sections
290.002 and 290.01, shall be required to register with the chief of
police of the city in which he or she is residing, or the sheriff of
the county if he or she is residing in an unincorporated area or city
that has no police department, and, additionally, with the chief of
police of a campus of the University of California, the California
State University, or community college if he or she is residing upon
the campus or in any of its facilities, within five working days of
coming into, or changing his or her residence within, any city,
county, or city and county, or campus in which he or she temporarily
resides, and shall be required to register thereafter in accordance
with the Act.
   (c) The following persons shall be required to register:
   Any person who, since July 1, 1944, has been or is hereafter
convicted in any court in this state or in any federal or military
court of a violation of Section 187 committed in the perpetration, or
an attempt to perpetrate, rape or any act punishable under Section
286, 288, 288a, or 289, Section 207 or 209 committed with intent to
violate Section 261, 286, 288, 288a, or 289, Section 220, except
assault to commit mayhem, Section 243.4, paragraph (1), (2), (3),
(4), or (6) of subdivision (a) of Section 261, paragraph (1) of
subdivision (a) of Section 262 involving the use of force or violence
for which the person is sentenced to the state prison, Section
264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b)
of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3,
288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of
Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former
Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of
Section 314, any offense involving lewd or lascivious conduct under
Section 272, or any felony violation of Section 288.2; any statutory
predecessor that includes all elements of one of the above-mentioned
offenses; or any person who since that date has been or is hereafter
convicted of the attempt or conspiracy to commit any of the
above-mentioned offenses.
   (d) (1) For purposes of this subdivision, the following
definitions apply:
   (A) "Registerable offense" means an offense or punishable act
described in the Act.
   (B) "Initial registration date" means either the date the person
was released from prison after incarceration for conviction of a
registerable offense, or the date of conviction for a registerable
offense for a person who was not sentenced to prison.
   (C) "Violent felony" means a felony described in subdivision (c)
of Section 667.5.
   (D) "Violent registerable offense" means an offense that is both a
registerable offense and a violent felony.
   (E) "SARATSO" means the static State-Authorized Risk Assessment
Tool for Sex Offenders as described in Section 290.04.
   (2) Every person described in subdivision (c), and every person
who is otherwise required to register pursuant to the Act, shall be
required to register as a tier one, tier two,  or 
tier three  , or tier four  offender, and for a period
commencing on that person's initial registration date, except as
otherwise provided in this section, of 10 years, 20 years, or life,
depending on which of the  three   four 
tiers the offender is placed  in  , pursuant to paragraphs
(3) to  (5),   (6),  inclusive.
   (3) A tier one offender shall be subject to the registration
requirements of the Act for a period of 10 years. A person is a tier
one offender if all of subparagraphs (A) to (D), inclusive, apply, or
if subparagraph (E) applies:
   (A) The person was convicted of a registerable offense that is not
a violent offense or a violation of Section 647.6.
   (B) The person's score on the SARATSO is low, low-moderate, or
moderate, or the person is not eligible for assessment under the
applicable coding rules, pursuant to Section 290.06, or the person
has no static SARATSO score because the person was not on supervised
release after January 1, 2005.
   (C) For a period of 10 years, commencing with the person's initial
registration date, the person is not convicted of a registerable
offense or for a violent felony.
   (D) For a period of 10 years, commencing with the person's initial
registration date, the person is not convicted of more than one
felony violation of the Act.
   (E) The person is required by the court to register as a tier one
offender, pursuant to Section 290.006.
   (4) A tier two offender shall be subject to the registration
requirements of the Act for a period of 20 years. A person is a tier
two offender if subparagraphs (A) to (C), inclusive, all apply, or if
subparagraphs (D) to (F), inclusive, all apply, or if subparagraph
(G) applies:
   (A) The person's score on the SARATSO is moderate-high risk, the
person was convicted of a violent registerable offense, or the person
was convicted of a violation of Section 647.6.
   (B) For a period of 20 years, commencing with the person's initial
registration date, the person is not convicted of a violent
registerable offense.
   (C) For a period of 20 years, commencing with the person's initial
registration date, the person is not convicted of more than one
felony violation of the Act.
   (D) The person was a tier one offender, but was convicted of more
than one felony violation of the Act, or was convicted of a
registerable offense or a violent felony, within 10 years from the
person's initial registration date.
   (E) For a period of 20 years, commencing with the person's
conviction described in subparagraph (D), the person is not convicted
of a violent registerable offense.
   (F) For a period of 20 years, commencing with the person's
conviction described in subparagraph (D), the person is not convicted
of a violation of the Act.
   (G) The person is required by the court to register as a tier two
offender, pursuant to Section 290.006.
   (5) A tier three offender shall be subject to the registration
requirements of the Act for life. A person is a tier three offender
if any of the following apply:
   (A) The person's score on the SARATSO is high risk.
   (B) Within 20 years of the person's initial registration date, the
person is convicted of a violent registerable offense.
   (C) The person has at any time been committed to a state mental
hospital as a sexually violent predator pursuant to Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code.
   (D) The person was a tier two offender, and subsequently was
convicted of more than one felony violation of the Act, or the person
is convicted of any violation of the Act after becoming a tier two
offender, and having previously been a tier one offender.
   (E) The person is required to register pursuant to Section
290.004.
   (F) The person is required by the court to register as a tier
three offender, pursuant to Section 290.006. 
   (6) A person is a tier four offender if he or she is required to
register pursuant to this section but does not meet the criteria for
registration as a tier one, tier two, or tier three offender. A tier
four offender is required to reregister during his or her lifetime
only when that person changes his or her address. For purposes of
this section, registration as a tier four offender shall be known as
"inactive registration."  
   (6) 
    (7)  Persons required to register pursuant to Section
290.005 shall be placed in the appropriate tier if the offense is
assessed as equivalent to a registerable offense. If the person's
duty to register pursuant to Section 290.005 is based solely on the
requirement of registration in another jurisdiction, the person shall
be placed in tier two, except that the person shall be placed in
tier three if any of the following apply:
   (A) The person's score on the SARATSO is high risk.
   (B) Within 20 years of the person's initial registration date, the
person is convicted of a violent registerable offense.
   (C) The person has at any time been committed to a state mental
hospital or mental health facility in a proceeding similar to civil
commitment as a sexually violent predator pursuant to Article 4
(commencing with Section 6600) of Chapter 2 of Part 2 of Division 6
of the Welfare and Institutions Code. 
   (7) 
    (8)  A person required to register as a tier two
offender may, by filing an application on a form approved by the
Department of Justice, petition the department for tier one status if
the person was convicted of a registerable offense, or adjudicated
for an offense described in subdivision (c) of Section 290.008,
against no more than one victim 12 to 17 years of age, inclusive; the
person was not more than 10 years older than the victim; and the act
was illegal due solely to the age of the minor. If the department
determines that the person meets the requirements for tier one
status, the department shall grant the petition. The petitioner bears
the burden of proving the facts that make the petitioner eligible
for tier one status. 
   (8) 
    (9)  Except as provided in subparagraph (E) of paragraph
(3) and subparagraph (G) of paragraph (4), the Department of Justice
shall determine the tier level of each person required to register
pursuant to the Act, as follows:
   (A) (i) Beginning January 1, 2012, a tier level shall be assigned
to each person who registered pursuant to the Act prior to January 1,
2012.
   (ii) The Department of Justice shall assign tier levels to each
person who registered prior to January 1, 2012, by reviewing
registrants by birth year, starting with the oldest.
   (B) Beginning January 1, 2014, a tier level shall be assigned when
the person registers pursuant to the Act for the first time.
   (C) By January 1, 2017, a tier level shall have been assigned to
every person registered pursuant to the Act, except that the
Department of Justice shall not be required to assign a tier level to
a person who has not registered after January 1, 1996, unless the
person registers again.
  SEC. 2.  Section 290.006 of the Penal Code is amended to read:
   290.006.  Any person ordered by any court to register pursuant to
the Act for any offense not included specifically in subdivision (c)
of Section 290, shall so register, if the court finds at the time of
conviction or sentencing that the person committed the offense as a
result of sexual compulsion or for purposes of sexual gratification.
The court shall state on the record the reasons for its findings and
the reasons for requiring registration. The person shall register as
a tier one offender pursuant to Section 290, unless the court states
on the record the reasons for requiring the person to register as a
tier two or tier three offender pursuant to Section 290.