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http://californiarsol.org/2014/03/assembly-bill-would-increase-sex-offender-rights/#comments
Assembly Bill Would Increase Sex Offender Rights
Posted On 8 Mar, 2014
The State Assembly is actively considering a bill, AB 1640, that would eliminate the registration requirement for sexual offenses that the California Supreme Court and several Courts of Appeal have ruled violate the equal protection rights of registered citizens. The bill was introduced by Assembly member Jones-Sawyer (Democrat, Los Angeles) and is sponsored by Los Angeles District Attorney Lacey.
“Assembly Bill 1640, if passed, would be an important step toward restoring the civil rights of registered citizens,” stated CA RSOL President Janice Bellucci. “The bill would ensure that courts throughout the state of California consistently enforce recent court decisions.”
Recent court decisions to which the bill refer are based upon the case People v. Hofsheier in which the California Supreme Court ruled that mandatory lifetime sex registration was unconstitutional for those convicted of Penal Code Section 288a(b)(1). Since that case, theHofsheier ruling has been applied to additional Penal Code Sections including 286(b)(1), 286(b)(2), 288a(b)(2), 288.7, 289(h) and 289(I).
California RSOL supports AB 1640 and will devote resources to its passage. Registered citizens and family members can help to support the bill by contacting their Assembly members by phone, by E-mail and/or by letter. A list of Assembly members and their contact information are available at www.assembly.ca.gov.
Bill InformationAB_1640_-_March_2014
Dave in the Philippines
Assembly Bill Would Increase Sex Offender Rights
Posted On 8 Mar, 2014
The State Assembly is actively considering a bill, AB 1640, that would eliminate the registration requirement for sexual offenses that the California Supreme Court and several Courts of Appeal have ruled violate the equal protection rights of registered citizens. The bill was introduced by Assembly member Jones-Sawyer (Democrat, Los Angeles) and is sponsored by Los Angeles District Attorney Lacey.
“Assembly Bill 1640, if passed, would be an important step toward restoring the civil rights of registered citizens,” stated CA RSOL President Janice Bellucci. “The bill would ensure that courts throughout the state of California consistently enforce recent court decisions.”
Recent court decisions to which the bill refer are based upon the case People v. Hofsheier in which the California Supreme Court ruled that mandatory lifetime sex registration was unconstitutional for those convicted of Penal Code Section 288a(b)(1). Since that case, theHofsheier ruling has been applied to additional Penal Code Sections including 286(b)(1), 286(b)(2), 288a(b)(2), 288.7, 289(h) and 289(I).
California RSOL supports AB 1640 and will devote resources to its passage. Registered citizens and family members can help to support the bill by contacting their Assembly members by phone, by E-mail and/or by letter. A list of Assembly members and their contact information are available at www.assembly.ca.gov.
Bill InformationAB_1640_-_March_2014
Dave in the Philippines
AB 1640: JONES-SAWYER Sex Offenders: Registration
Summary
AB 1640 amends California’s Sex Offender Registration Law to eliminate the registration requirement for sexual offenses that the California Supreme Court and various Appellate Courts have ruled violate a defendant’s equal protection rights.
Background
Currently, there are several non-forcible, “consensual” sexual offenses involving minors which require lifetime sex offender registration. These cases involve minors who are having a sexual relationship with someone over the age of 18. Although minors cannot legally consent to sexual activity, the cases are viewed as “consensual” because the sexual activity is not forced and the minor is a willing participant. The California Supreme Court and the Appellate Courts have found that mandatory, lifetime registration violates equal protection laws under these circumstances.
In People v. Hofsheier, the California Supreme Court ruled that mandatory lifetime sex registration pursuant to Penal Code section 290 for a violation of Penal Code section 288a(b)(1) was unconstitutional. In Hofsheier, the 22 year old defendant was convicted of engaging in oral sex with a minor. The Supreme Court stated that if the defendant had been convicted of Penal Code section 261.5 (unlawful sexual intercourse with a minor) he would not have been subject to mandatory lifetime sex offender registraition. Using the rational basis test, the California Supreme Court determined there was no rational basis for treating convicted offenders of Penal Code section 288a(b)(1) differently than those convicted of Penal Code section 261.5.
Several cases following the Hofsheier ruling have now applied the Hofsheier analysis and ruled that it also applies to the following Penal Code offenses:
1. Penal Code Section 286(b)(1) (People v. Thompson)
2. Penal Code Section 286(b)(2) (People v. Boyette)
3. Penal Code Section 288a(b)(2) (People v. Garcia)
4. Penal Code Section 288.7 (People v. Tiery)
5. Penal Code Section 289(h) (People v. Ranscht)
6. Penal Code Section 289(1) (People v. Gomez)
Existing Law
Penal Code Section 290 (California’s Sex Offender Registration Law) requires that defendants convicted of committing specified sex crimes must register with the California Department ofJustice as a sex offender.
This Bill
AB 1640 amends Penal Code section 290 to eliminate the registration requirement for sexual offenses which have been determined to violate equal protection laws, thus bringing the Penal Code into alignment with the ruling by the by the California Supreme Court and the subsequent rulings by various Appellate Courts under the Hofsheier reasoning. Under this proposal courts would still retain their discretionary power under Penal Code section 290.006 to impose sex offender registration in any case the court deems it appropriate.
While the number of cases filed would not be affected by this legislation, the number of trials would be decreased as lifetime sex offender registration is often the sole obstacle in reaching a disposition. Additionally, moving forward there would be a decrease in the number of Hofsheier writs of mandate.
FOR MORE INFORMATION — Contact Stephanie Burn, Office of Assemblymember Jones-Sawyer 916/319-2059
Dave in the Philippines