BILL NUMBER: SB 2161 CHAPTERED
BILL TEXT
CHAPTER 461
FILED WITH SECRETARY OF STATE SEPTEMBER 13, 1996
APPROVED BY GOVERNOR SEPTEMBER 12, 1996
PASSED THE SENATE AUGUST 31, 1996
PASSED THE ASSEMBLY AUGUST 31, 1996
AMENDED IN ASSEMBLY AUGUST 28, 1996
AMENDED IN ASSEMBLY JULY 8, 1996
AMENDED IN SENATE APRIL 17, 1996
INTRODUCED BY Senator Leslie
(Coauthor: Assembly Member Alby)
FEBRUARY 23, 1996
An act to amend Section 290.5 of the Penal Code, and to add
Section 6600.1 to the Welfare and Institutions Code, relating to sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 2161, Leslie. Sex offenders.
(1) Existing law authorizes a person who is required to register
annually with local law enforcement officials as a sex offender to
petition for a certificate of rehabilitation and pardon. Upon
obtaining a certificate of rehabilitation, that person is relieved of
any further duty to register as a sex offender. Failure to register
when required is a misdemeanor.
This bill would provide that the person is relieved of any further
duty to register upon receipt of the certificate of rehabilitation
if he or she is not in custody, on parole, or on probation.
(2) Existing law specifies procedures for the civil commitment of
sexually violent predators. Pursuant to these procedures, a person
who is in custody under the jurisdiction of the Department of
Corrections may be referred to the State Department of Mental Health
for an evaluation as to whether the person may be a sexually violent
predator. For these purposes, existing law defines a "sexually
violent offense" as one of specified sex offenses committed by force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury upon the victim or another person.
This bill would add specified sex offenses upon a child under the
age of 14 years to that list of offenses.
(3) This bill would incorporate additional changes in Section
290.5 of the Penal Code, proposed by AB 1901, to be operative only if
AB 1901 and this bill are both chaptered and become effective on or
before January 1, 1997, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.5 of the Penal Code is amended to read:
290.5. A person required to register under Section 290 may
initiate a proceeding under Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3 of this code, and upon obtaining a
certificate of rehabilitation, shall be relieved of any further duty
to register under Section 290 if not in custody, on parole, or on
probation. This certificate shall not relieve a petitioner of the
duty to register under Section 290 for any offense subject to that
section of which he or she is convicted in the future.
SEC. 2. Section 290.5 of the Penal Code is amended to read:
290.5. (a) A person required to register under Section 290 may
initiate a proceeding under Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3, and, except persons described in
paragraph (1) of subdivision (a) of Section 290.4 or paragraph (2) of
subdivision (g) of Section 290, upon obtaining a certificate of
rehabilitation, shall be relieved of any further duty to register
under Section 290 if not in custody, on parole, or on probation.
This certificate shall not relieve persons described in paragraph (1)
of subdivision (a) of Section 290.4 or paragraph (2) of subdivision
(g) of Section 290 of the duty to register under Section 290 and
shall not relieve a petitioner of the duty to register under Section
290 for any offense subject to that section of which he or she is
convicted in the future.
(b) (1) Except as provided in paragraphs (2) and (3), a person
described in paragraph (1) of subdivision (a) of Section 290.4 or
paragraph (2) of subdivision (g) of Section 290 shall not be relieved
of the duty to register until that person has obtained a full pardon
as provided in Chapter 1 (commencing with Section 4800) or Chapter 3
(commencing with Section 4850) of Title 6 of Part 3.
(2) This subdivision does not apply to misdemeanor violations of
Section 647.6.
(3) The court, upon granting a petition for a certificate of
rehabilitation pursuant to Chapter 3.5 (commencing with Section
4852.01) of Title 6 of Part 3, may relieve a person of the duty to
register under Section 290 for a violation of Section 288 or 288.5,
provided that the person was granted probation pursuant to
subdivision (c) of Section 1203.066, has complied with the provisions
of Section 290 for a continuous period of at least 10 years
immediately preceding the filing of the petition, and has not been
convicted of a felony during that period.
SEC. 3. Section 6600.1 is added to the Welfare and Institutions
Code, to read:
6600.1. (a) If the victim of an underlying offense that is
specified in subdivision (b) of Section 6600 is a child under the age
of 14 and the offending act or acts involved substantial sexual
conduct, the offense shall constitute a "sexually violent offense"
for purposes of Section 6600.
(b) "Substantial sexual conduct" means penetration of the vagina
or rectum of either the victim or the offender by the penis of the
other or by any foreign object, oral copulation, or masturbation of
either the victim or the offender.
SEC. 4. Section 2 of this bill incorporates amendments to Section
290.5 of the Penal Code proposed by both this bill and AB 1901. It
shall become operative if (1) both bills are enacted and become
effective on or before January 1, 1997, (2) each bill amends Section
290.5 of the Penal Code, and (3) this bill is enacted after AB 1901,
in which case Section 290.5 of the Penal Code, as amended by AB 1901,
shall remain operative only until the operative date of this bill,
at which time Section 2 of this bill shall become operative, and
Section 1 of this bill shall not become operative.