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