SB 1392 - Sex offenders: residency - CaliforniaBILL 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