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Gaia- 04-22-2006
SB 1392 - Sex offenders: residency - California
BILL NUMBER: SB 1392 INTRODUCED BILL TEXT INTRODUCED BY Senator Florez FEBRUARY 22, 2006 An act to add Section 294.5 to the Penal Code, relating to sex offenders. LEGISLATIVE COUNSEL'S DIGEST SB 1392, as introduced, Florez Sex offenders: residency. Existing law places certain residency restrictions on parolees who are required to register as a sex offender. This bill would make it a misdemeanor for any person who is required to register as a sex offender to reside in any county where one or more state correctional facilities is located. Because the bill would create a new crime, it 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 294.5 is added to the Penal Code, to read: 294.5. Notwithstanding any other provision of law, it is a misdemeanor for any person who is required to register pursuant to Section 290 to reside in any county where one or more state correctional facilities are located. 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. http://www.leginfo.ca.gov/pub/bill/sen/sb_1351-1400/sb_1392_bill_20060222_introduced.html Registered sex offenders and the law Existing law: Requires they be paroled to the county from which they came; prohibits certain parolees from living within a quarter-mile (1,320 feet) of a school; requires public notification of residency; permits use of GPS tracking during parole. SB 1392: Would make it a misdemeanor for registered sex offenders to live in counties with state prisons. Jessica's Law: Would prohibit all sex offenders from living within 2,000 feet of a school or park for as long as they are required to register; would require all registered sex offenders released on parole to wear GPS tracking for life. Methodology The Register estimated the potential impact of SB 1392 by reviewing the number of sex offenders paroled annually, obtained from the California Department of Corrections and Rehabilitation. From 2000 through 2005, an average of 2,437 sex offenders were released in California each year. Assuming the trend would continue, that number was divided by the number of counties without prisons – 39. http://www.ocregister.com/ocregister/news/atoz/article_1114337.php


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