Ben Hueso
- Democratic
Author
Existing law, the Californians Against Sexual Exploitation Act, an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election (CASE Act) , requires a person who is subject to the Sex Offender Registration Act (the Act) to list any and all Internet identifiers established or used by the person and any and all Internet service providers used by the person on his or her sex offender registration. The CASE Act requires a person subject to sex offender registration to send written notice of any addition of, or change to, an Internet identifier or Internet service provider to the law enforcement agency with which he or she is currently registered within 24 hours. Existing case law currently enjoins the application of the above provisions of the CASE Act through the imposition of a preliminary injunction on the grounds that these provisions violate the First Amendment to the United States Constitution. The CASE Act allows its provisions to be amended by a statute in furtherance of its objectives passed in each house of the Legislature by a majority vote of the membership. This bill would state the intent of the Legislature to amend the CASE Act to further its objectives. The bill would delete the requirement that a person subject to sex offender registration list on his or her sex offender registration all Internet service providers used by him or her. The bill would require a person who is convicted of a felony on or after January 1, 2017, that requires registration pursuant to the Act, and one or more specified circumstances, including that the person used the Internet to collect any private information to identify a victim of the crime to further the commission of the crime, to register his or her Internet identifiers, as defined, and to send written notice to the law enforcement agency or agencies with which he or she is currently registered within 30 days of establishing or changing an Internet identifier, as specified. The bill would require a law enforcement agency to which this information has been submitted to make the information available to the Department of Justice. The bill would require a designated law enforcement entity to only use an Internet identifier submitted pursuant to these provisions, or to release that Internet identifier to another law enforcement entity, for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking. The bill would prohibit a designated law enforcement entity from disclosing or authorizing persons or entities to disclose an Internet identifier submitted pursuant to these provisions to the public or other persons, except as required by court order. Existing law makes a person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the act guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. This bill would make a person who fails to provide his or her Internet identifiers, as required by the bill, regardless of the offense upon which the duty to register is based, guilty of a misdemeanor punishable in a county jail not exceeding 6 months. By creating a new crime, the bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 772, Statutes of 2016.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5358.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 79. Noes 0. Page 6099.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 20. Noes 0.) (August 11).
Joint Rule 62(a) suspended.
August 10 set for first hearing. Placed on APPR. suspense file.
Re-referred to Com. on APPR. pursuant to Assembly Rule 77.2.
Ordered to third reading.
Read third time and amended. (Ayes 74. Noes 0. Page 5642.)
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 21).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
Art. IV. Sec. 8(b) of the Constitution dispensed with.
Joint Rule 61(a) suspended. (Ayes 75. Noes 0. Page 3102.)
(Ayes 77. Noes 0. Page 3103.)
In Assembly. Read first time. Held at Desk.
Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 2363.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 2216.) (August 27).
August 24 hearing: Placed on APPR. suspense file.
Set for hearing August 24.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 1960.) (July 14).
Set for hearing July 14.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
April 21 set for second hearing canceled at the request of author.
Set for hearing April 21.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
April 14 set for first hearing canceled at the request of author.
Set for hearing April 14.
From printer. May be acted upon on or after March 28.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB448 | HTML |
| 02/25/15 - Introduced | |
| 04/15/15 - Amended Senate | |
| 06/17/15 - Amended Senate | |
| 08/18/15 - Amended Senate | |
| 01/04/16 - Amended Assembly | |
| 06/27/16 - Amended Assembly | |
| 08/01/16 - Amended Assembly | |
| 08/15/16 - Amended Assembly | |
| 08/26/16 - Enrolled | |
| 09/28/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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