Eric Linder
- Republican
Author
(1) Existing law requires a person who has been convicted of specified sex offenses to register with local law enforcement authorities as a sex offender. Existing law authorizes a person convicted of a felony or a misdemeanor violation of certain sex offenses, the accusatory pleading of which has been dismissed, to file a petition for a certificate of rehabilitation and pardon provided that the petitioner has not been incarcerated since the dismissal of the accusatory pleading, is not on probation for the commission of another felony, and presents satisfactory evidence of 5 years residence in this state prior to the filing of the petition. Under existing law, a petition for a certificate of rehabilitation and pardon does not apply to a person who, among other specified crimes, has been convicted of willfully and lewdly committing any lewd and lascivious act upon the body of a child who is under the age of 14. Under existing law, a person convicted of certain sex offenses is not, upon obtaining a certificate of rehabilitation, relieved of his or her duty to register as a sex offender. This bill, in addition, would make the provisions for obtaining a certificate of rehabilitation inapplicable to a person who is convicted of engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration with a child who is 10 years of age or younger and would provide that such a person who has obtained a certificate of rehabilitation is not relieved of his or her duty to register as a sex offender. The bill would also make the provisions for obtaining a certificate of rehabilitation inapplicable to a person who is convicted of aggravated sexual assault of a child. Because certain sex offenders would be precluded from being relieved of the duty to register with local officials, the bill would impose a state-mandated local program. (2) Existing law requires the period of parole for an inmate sentenced to a life term for aggravated sexual assault of a child and for engaging in sexual intercourse, sodomy, oral copulation, or sexual penetration with a child who is 10 years of age or younger to be for the remainder of the inmate's life. This bill would instead impose lifetime parole on a person convicted of either of the above offenses. (3) 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.
Chaptered by Secretary of State - Chapter 280, Statutes of 2014.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 5946.).
Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 4368.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 9 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0.) (June 30).
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 10). Re-referred to Com. on APPR.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 4597.)
Read second time. Ordered to consent calendar.
From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (April 9).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (March 11). Re-referred to Com. on APPR.
From printer. May be heard in committee February 6.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1438 | HTML |
| 01/06/14 - Introduced | |
| 05/28/14 - Amended Senate | |
| 06/03/14 - Amended Senate | |
| 08/13/14 - Enrolled | |
| 08/25/14 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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