BILL ANALYSIS Ó AB 2569 Page 1 ASSEMBLY THIRD READING AB 2569 (Melendez) As Amended: May 27, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |6-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Roger | | | | |Hernández, Holden, | | | | |Jones, Obernolte, | | | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ AB 2569 Page 2 SUMMARY: Requires a local assistance center for victims and witnesses to speak to a victim, in order to determine if granting an exclusion from the Megan's Law Web site for an offender who commits a specified sexual offense against a victim who is the child, stepchild, sibling, or grandchild of the offender (the "interfamilial exemption") would be in the best in interest of the victim. Also, the offender is required to be on probation for at least one year before the application for exclusion can be granted. EXISTING LAW: 1)Provides that an offender may apply for an interfamilial exclusion if they were convicted of specified offenses, submit proper paperwork, and clearly demonstrate that they are the victim's parent, stepparent, sibling, or grandparent, and the offense did not involve oral copulation or sexual penetration, as specified. Clarifies that if subsequent to the application for interfamilial exclusion, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Megan's Law Web site shall be terminated. Additionally requires that for the application to be granted, the offender must have a State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) showing a risk of re-offense of low to low-moderate. 2)Requires persons convicted of specified sex offenses to register for life, or reregister if the person has been previously registered, upon release from incarceration, placement, commitment, or release on probation. States that the registration shall consist of all of the following: a) A statement signed in writing by the person, giving information as shall be required by Department of Justice (DOJ) and giving the name and address of the person's employer, and the address of the person's place of employment, if different from the employer's main address; b) Fingerprints and a current photograph taken by the AB 2569 Page 3 registering official; c) The license plate number of any vehicle owned by, regularly driven by or registered in the name of the registrant; d) Notice to the person that he or she may have a duty to register in any other state where he or she may relocate; and, e) Copies of adequate proof of residence, such as a California driver's license or identification card, recent rent or utility receipt or any other information that the registering official believes is reliable. 3)States every person who is required to register, as specified, who is living as a transient shall be required to register for the rest of his or her life as follows: a) He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to Penal Code Section 290(b), except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, as specified. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he AB 2569 Page 4 or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present 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 physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present. b) A transient who moves to a residence shall have five working days within which to register at that address, in accordance with Penal Code Section 290(b). A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with existing law. c) Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in existing law. A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the DOJ annual update form, including the information. d) A transient shall, upon registration and re-registration, provide current information as required on the DOJ registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to AB 2569 Page 5 the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required re-registration. FISCAL EFFECT: According to the Assembly Appropriations Committee, annual moderate cost to the DOJ in the $150,000 to $180,000 range (General Fund). According to background material provided, there are approximately 60 qualifying offenders per year. If the interview were to result in a cost of $2,500 to $3,000 per interview, for staff time, consultation with a child psychologist if necessary, preparation, travel, and any follow up, the annual cost to DOJ would be in the $150,000 to $180,000 range. Potential state reimbursable state mandated cost to the extent the Office of Emergency Services grants do not cover the costs to the County District Attorney's victim unit costs. COMMENTS: According to the author, "As statistics show, the most common sex crimes committed against children are committed by a family member, someone the child knows and trusts. Since 2011, over 1000 sex offenders have been excluded from the Megan's Law website with nearly half of those exclusions being from the family member exemption. The intent of Megan's Law is to provide the public with the information on the whereabouts of sex offenders so communities may protect themselves and their children. If the intent of Megan's Law is to protect the public against sex offenders, yet we are allowing the exclusion of people who are committing sex crimes against their own kin; then the intent of Megan's Law is not being met under the current law. We cannot continue to keep sexual predators and pedophiles hidden from the public. It heavily contradicts the main purpose of Megan's Law: to keep families safe." AB 2569 Page 6 Analysis Prepared by: Gabriel Caswell/ PUB. S. / (916) 319-3744 FN: 0003170