California Senate Bill SB57 Latest Draft

 BILL NUMBER: SB 57AMENDED BILL TEXT AMENDED IN SENATE APRIL 12, 2011 INTRODUCED BY Senator Runner  (   Coauthors:   Senators   Anderson,   Calderon,   Harman,   and Lieu   )   (   Coauthors:   Assembly Members   Knight   and Smyth   )  DECEMBER 21, 2010 An act to  amend Sections 290.013 and 290.015 of   add Section 290.0145 to  the Penal Code, relating to sex offenders. LEGISLATIVE COUNSEL'S DIGEST SB 57, as amended, Runner. Sex offenders: social networking  prohibition:   and  online address notification requirement. Existing law requires persons who have been convicted of specified crimes, and other persons as required by a court, to register as  a  sex  offender   offenders  . Existing law sets forth the procedure for  doing so   registering  and provides that a violation of the sex offender registration law is a crime, punishable as specified. The bill would  , commencing January 1, 2013,  require a person who is required to register as a sex offender to  inform   provide to  the law enforcement agency with which he or she last registered  of  all of his or her online  names,  addresses, e-mail addresses, and instant messaging user names  no later than December 31, 2012, and, thereafter,   for all of his or her accounts on social networking Internet Web sites, as defined,  at the time of original registration  or any subsequent registration  and within 30 days of establishing a new online  name, address   ,   or  account,  as specified,  and would make it a misdemeanor to fail to do so. This bill would permit information received pursuant to these provisions to be shared with  the Department of Justice and  other  local  law enforcement agencies, upon request. By creating  a  new  crimes   crime  , 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 290.0145 is added to the   Penal Code   , to read:   290.0145. (a) Commencing January 1, 2013, a person required to register pursuant to the Act shall provide to the law enforcement agency with which he or she last registered, or the law enforcement agency with which he or she is otherwise required to register, all of his or her online names and addresses, e-mail addresses, and instant messaging user names for all of his or her social networking Internet Web site accounts at the time of original registration or any subsequent registration, and within 30 days of establishing a new online name, address, or instant messaging user name or a new social networking Internet Web site account. Information received pursuant to this paragraph may, upon request, be shared with other local law enforcement agencies. (b) Notwithstanding Section 290.018, a violation of subdivision (a) is a misdemeanor. (c) For purposes of this section, a "social networking Internet Web site is an Internet Web site that allows individuals, including juveniles, to do all of the following: (1) Communicate with acquaintances and strangers. (2) Construct a public or semipublic profile within a bounded system. (3) Articulate a list of other users or members with whom they share a connection. (4) View and traverse their list of connections and those lists made by others within the system.   SECTION 1.   Section 290.013 of the Penal Code is amended to read: 290.013. (a) Any person who was last registered at a residence address pursuant to the Act who changes his or her residence address, whether within the jurisdiction in which he or she is currently registered or to a new jurisdiction inside or outside the state, shall, in person, within five working days of the move, inform the law enforcement agency or agencies with which he or she last registered of the move, the new address or transient location, if known, and any plans he or she has to return to California. (b) If the person does not know the new residence address or location at the time of the move, the registrant shall, in person, within five working days of the move, inform the last registering agency or agencies that he or she is moving. The person shall later notify the last registering agency or agencies, in writing, sent by certified or registered mail, of the new address or location within five working days of moving into the new residence address or location, whether temporary or permanent. (c) The law enforcement agency or agencies shall, within three working days after receipt of this information, forward a copy of the change of address information to the Department of Justice. The Department of Justice shall forward appropriate registration data to the law enforcement agency or agencies having local jurisdiction of the new place of residence. (d) If the person's new address is in a Department of Corrections and Rehabilitation facility or state mental institution, an official of the place of incarceration, placement, or commitment shall, within 90 days of receipt of the person, forward the registrant's change of address information to the Department of Justice. The agency need not provide a physical address for the registrant but shall indicate that he or she is serving a period of incarceration or commitment in a facility under the agency's jurisdiction. This subdivision shall apply to persons received in a department facility or state mental institution on or after January 1, 1999. The Department of Justice shall forward the change of address information to the agency with which the person last registered. (e) A person required to register pursuant to the Act shall inform the law enforcement agency with which he or she last registered of all of his or her online addresses, e-mail addresses, and instant messaging user names no later than December 31, 2012, and thereafter, at the time of original registration and within 30 days of establishing a new online account. Information received pursuant to this subdivision may, upon request, be shared with the Department of Justice or other law enforcement agencies. (f) Notwithstanding any other law, violation of subdivision (e) shall constitute a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.   SEC. 2.   Section 290.015 of the Penal Code is amended to read: 290.015. (a) A person who is subject to the Act shall register, or reregister if the person has previously registered, upon release from incarceration, placement, commitment, or release on probation pursuant to subdivision (b) of Section 290. This section shall not apply to a person who is incarcerated for less than 30 days if he or she has registered as required by the Act, he or she returns after incarceration to the last registered address, and the annual update of registration that is required to occur within five working days of his or her birthday, pursuant to subdivision (a) of Section 290.012, did not fall within that incarceration period. The registration shall consist of all of the following: (1) (A) A statement in writing signed by the person, giving information as shall be required by the Department of Justice and giving the name and address of the person's employer, and the address of the person's place of employment if that is different from the employer's main address. (B) An acknowledgment that the person is required under Section 290.013 to notify the law enforcement agency or agencies with which he or she last registered of all of his or her online addresses, e-mail addresses, and instant messaging user names no later than December 31, 2012, and, thereafter, at the time of original registration and within 30 days of establishing a new online account. (2) The fingerprints and a current photograph of the person taken by the registering official. (3) The license plate number of any vehicle owned by, regularly driven by, or registered in the name of the person. (4) Notice to the person that, in addition to the requirements of the Act, he or she may have a duty to register in any other state where he or she may relocate. (5) Copies of adequate proof of residence, which shall be limited to a California driver's license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person's name and address, or any other information that the registering official believes is reliable. If the person has no residence and no reasonable expectation of obtaining a residence in the foreseeable future, the person shall so advise the registering official and shall sign a statement provided by the registering official stating that fact. Upon presentation of proof of residence to the registering official or a signed statement that the person has no residence, the person shall be allowed to register. If the person claims that he or she has a residence but does not have any proof of residence, he or she shall be allowed to register but shall furnish proof of residence within 30 days of the date he or she is allowed to register. (b) Within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the Department of Justice.   SEC. 3.   SEC. 2.  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.