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California

AB 558 Released from Suspense File

Today the Assembly Appropriations Committee released AB 558 from its Suspense File.  As a result, the bill will be voted upon by all members of the Assembly on or before June 2.

“The committee’s decision is a significant blow to the rights of registrants who were convicted of misdemeanors and other low level offenses,” stated ACSOL Executive Director Janice Bellucci.  “In the past, the state legislature wisely decided not to post this information on a public website and that wisdom should be continued.”

As currently written, AB 558 would eliminate exemptions given to thousands of registrants from inclusion on the CA Megan’s Law website. 

“The posting of this information on the state’s public website will harm both victims and registrants,” stated ACSOL President Chance Oberstein.  “If passed into law, the bill could result in thousands of registrants losing their jobs, their housing or both.”

If AB 558 is approved by the Assembly, the bill will be considered by at least two Senate committees.

Join the discussion

  1. TG

    So Janice, now what should we do? Contact our assembly person?

    • CS

      What you should do is pretend you’re on a roller coaster

      • TG

        I’ve never done otherwise, my friend. But seriously, I think we should call our assembly people and tell them to vote no on AB 558

    • Janice Bellucci

      With regard to AB 558, our request is that you do nothing. The bill is likely to pass on the Assembly floor and there is virtually nothing we can do to stop that. Our strength is in the Senate where we will have multiple opportunities to kill the bill. Please be patient.

      • Jpk

        Thank you for the update. Can you confirm as to whether 647.6 misdemeanors will now be published regardless if Tier 1 in the recently amended Tiered Registry Bill?

      • TG

        Ok, I trust you. But can it do any harm to call our assembly people?

      • Concerned

        How can this be legal?? This is about to ruin my business and personal life competely. Seems like I will need to start a lawsuit asap….Does this apply to registrants who have received a 1203.4 expungement?

      • Robert Curtis

        Can I get a copy of those that signed on to pass this bill…those that vote yes.

    • EEV

      Doesn’t this bill contradict SB 421, there’s already over 100,000 sex offenders on the registry bill that’s what the tiered registration vote is trying to eliminate more nonviolent to no risk sex offenders from being on the website sometimes the legislators don’t make no sense to me

  2. AlexO

    Hello Janice. Maybe you can enlighten me on a question I had for some time.

    647.6 states “annoy or molest”. Are these terms interchangeable? If not, why are both being lumped in together under one section when to a layman the two words are miles apart? AB 558 specifically refers to it as “molestation”.

    My crime was non-contact and included a misdemeanor 647.6. Its very disheartening to be seemingly rolled into this as well as today’s amendment of SB 421 in regards to internet exclusion.

    Thank you for your work in all these matters and maintaining this website.

    • Quint

      I’ve got the same conviction. Under the law, ‘annoy’ and ‘molest’ mean the same thing. They keep the word molest BECAUSE it’s a triggering word, making us look like child molesters. My only saving grace is that I’m not on the website…

  3. CS

    Shocking, we’re only allowed 1 day of a little joy around here…you know the routine

  4. NB

    Can you be excluded as a family member for this misdemeanor conviction if its your only one?

  5. Steve

    This is politics at it’s best. Legislators: while we are creating a tiered registry to let people exit we are closing a loophole to add more people so we don’t appear “too soft” on crime.

    • CS

      Addition by subtraction, the whole Is strange, I don’t get it. But I guess it’s normal to be in the twilight zone when you’re a registered citizen

    • DPH

      AND..for those who can, maybe lucky enough to be employed, to donate to this org on this site, even PayPal(bet FB allows this for RC’s, even though not using FB online) all about monies.
      (Do know that most are unemployed and/or will be if this passes). Steve, you are SO right too.

  6. G4Change

    This is disgusting!!! This bill “spits in the face” of the tiered registry movement and all who support it including law enforcement, district attorneys, the CASOMB, etc. We need folks from these agencies to step up and squash this piece-of-garbage legislation!!!! Does not the CA Assembly listen to what so many community leaders are saying???? It’s one thing if it was just registrants. But it’s not. Passage of this bill even by the Assembly would be extremely imprudent!!! I hope it falls onto its face!!!

  7. Harry

    The one thing for sure that politicians are not the sharpest pencil in the draw and often like a pen that do not write, plan worthless.

  8. Friendly Advice

    Although this does seem like a huge step backwards, there does seem to be a lot of positive traction happening lately. I’m very thankful for Janice and all of her efforts. The best we can do is stay informed, call upon our senators when necessary, and continue to support each other.

  9. Robert R.

    Another emotionally charged and politically motivated bill. Where is the evidence that this group of exempted registrants are causing harm and the need for public notification?
    Another colossal waste of timeand dollars. And it will just cause more harm.

    • David

      Robert, clearly they are causing the same harm and posing the same risk as many of us on the Registry. Or, put another way, they are causing NO harm and posing NO risk – just like many of us on the Registry – and they should not be publicly listed.

  10. 1

    Anyone know how this is able to be pushed out retroactively to registrants who took deals before the website scheme even existed? Seems that with all the recent victories in other states, the courts are starting to rule that laws like this cannot be retroactive. Is California just different and able to get away with this nonsense or is it ripe for a lawsuit such as what Idaho or wherever that 134 member suit is from? Seems that this should be considered additional punishment…or am I missing something?

  11. dohow

    What should we do? Everything! whatever is possible to do is what we shall do. I suggest that we pray first and foremost. In terms of our actions, we should do all of the research that we can regarding the wordings, phrases, and codes relating to our cases. Find those things that can possibly be challenged and fight.

    My suggestions are not just the rhetoric but research. I am proof that the system does not care about us;I am also proof that you can work within the boundaries and language of the system. I was able to have a 288 reduced to a misdemeanor when told by a public defender that it was not possible. and as a result of the reduced sentence, I had a bogus failure to register dropped from a felony to a misdemeanor to being dismissed all together.

    Recently, I believe that I found language in the expungement and COR requirements that may allow me to have my 288 misdemeanor expunged, which qualifies for a COR and pardon. People, I encourage all of you to first, have faith in the Lord Jesus and pray for this registry to be abolished, and second, do your own research…if you are concerned about lawyers and fees, I am unemployed and paid nothing. I did the work.

    • ca

      how did you get your “failure to register” to be dropped to a misdemeanor?
      aren’t they straight Felonies?

    • Timmr

      That is interesting.
      The first bit of research I would do is find someone who has been successful in getting a 288 (not a 288a) reduced and find out the details of how they did it. Sooooooo…?

      • Mr. D

        Timmr’s – I successfully had a 288c reduced to a misdemeanor and then ultimately dismissed and expunged via 1203.4

        • Timmr

          288 (c) ? That is a wobbler. For now. 288 (a) used to be a wobbler.

    • Timmr

      How can 288 be reduced to a misdemeanor? I didn’t think it was what is called a “wobbler”?

      • NPS

        288a is a wobbler and can be reduced to a misdemeanor.
        288(a) is a straight felony and, therefore, cannot be reduced.

        Anyone commenting about 288 needs to be very specific because those parentheses ( ) make a world of difference.

        • CA cool RC

          I thought 288c misdemeanor couldn’t be removed.

          What difference between 288a(c) and 288c ?

          • Timmr

            What is 288c? I couldn’t find it in the penal code.

            • Cool CA RC

              This is what you couldn’t find?
              288c
              (c) (1) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.

          • NPS

            There is no PC 288c.

            288a(c) IS NOT a wobbler and DOES NOT qualify for expungement.
            288(c) IS a wobbler but DOES NOT qualify for expungement (as of January 1, 2014).

        • Timmr

          Thank you NPS.

    • Lake County

      dohow,
      “if you are concerned about lawyers and fees, I am unemployed and paid nothing. I did the work.”

      You are so correct dohow. It is always best to have a “GOOD” lawyer represent you, but when you can’t afford a good lawyer, anyone of average intelligence can successfully figure out how to research their own case, file their own petitions and represent themselves in court. It can be confusing when you first start on it, but with determination and a “can do” attitude, you can win your court petitions on your own. Especially if you have free access to the internet. There are countless numbers of court documents online that you can learn and copy from. I’d rather represent myself than have a bad lawyer represent me. I believe that many of us would have been better off researching about our own cases instead of just believing everything our attorneys told us after our first contact with the police.

  12. wb

    I plead guilty to a 288[a] 1988 riv county I was 18 on the date crime occurred victim was 13 …wat tier would I b if registry passes ?

    • AlexO

      It depends. In general, your conviction would place you into tier 1. However, it also depends if you had any enhancements as well as your Static-99 score. At the moment, a score of 6+ puts you into tier 3 by it self.

      Tier 2 currently seems to only look at the underlying charges in conjunction with “violent” enhancement. Static-99 does not seem to come into play here.

  13. BWat.

    NPS, I have a 288(a) from 1988, was granted a 1203.4 after completion of probation. When you say cannot be reduced, from a felony to a misdemeanor, do you mean something other than a 1203.4? I’m not saying your wrong, I just hope they didn’t make a mistake in my case!

    • AlexO

      Expungement (what you got) and reduction are two separate codes. Often times if you’re able to get an expungement, you also qualify for a reduction of your felony(s) to misdemeanors under 17b. I’m not sure if you can go back AFTER expungement to get a reduction as 17b is usually done prior to it or in conjunction.

    • NPS

      You can still get an expungement but you’re expunging a felony. However, 288(a) does NOT qualify for a 17b. 288a DOES qualify for a 17b.

  14. Nondescript

    Bill 558 is not attempting to make something retroactive per say, but trying to create a new law to take an individual right away- the right of privacy.
    There is something called the Acquired-Rights Doctrine
    This doctrine says that once a right has been vested, then it may not be altered or reduced by a subsequent legislation. Similar to the grandfather clause it’s not a law per say but a powerful legal tool used by defendants in court and subsequently conceded to by law makers and their minion enforcers initially before their unconstitutional laws get trounced. If this bill or the tiered one adds people to the public website who “earned” their right of privacy by way of the completion of their probation ( and any other conditions that were stipulated in the law at the time) it will be a violation of their acquired rights.

  15. 288c

    rso,s god bless you all. this is my first time posting.i pled no contest to a 288c in 1999 on my attorneys advice. yes it has been a roller coaster ride but you have to keep on pushing forward. i have been gainfully employed and with gods blessing still have my home and family. i live 1000 feet from a park and my neighbors are fully aware although they dont speak to me. ( only a few ). my charge was reduced per 1203.4 and the best is yet to come. i understand most of us are innocent but, many of us are not. we all deserve to be forgiven and many of us have been. live a good and honest life try and maintain a good relationship with jesus christ and he will help you become free. freedom comes in many ways. true repentance will invite the grace of god into your life. if any of you are still using drugs or drinking you have to cease that type of behavior and attain a clear and sound mind. get your mind right first and even if you never get off the registry gods peace will supercede it all. ( speaking from experience) been there done that. love you all including janice and the staff.

  16. wb

    coreection my charge was a 288 L L WAT TIER WOULD I BE UNDER NEW REGISTRY 1988 CONVICTION NO OTHER CHARGES SINCE

  17. ExpatRFSO

    I want to the last senate hearing on SB421 the tiered registry and I can say that based on the way the public safety committee spoke, there is very little chance this will pass IF we all write, email and call. It was mentioned that the amount of feedback on SB421 was a factor in moving it forward.

  18. mike r

    I don’t see why they are even pushing this through. It’s in the tiered bill already I believe..

    • AlexO

      We haven’t received a clarification on this yet. Legal speak is complicated and the portion of the tiered bill that seemingly has the 647 exclusion claws may not be what I and many others think it is. Hopefully its not as bad as it seems.

      • 1

        Alex, have you been able to get clarity on this? I’m in the misdemeanor 647.6 category as well. I’m wondering also that if it does put us on the website, do we have any recourse to fight against it. It seems this stuff shouldn’t be able to be retro, considering it really will cause punishment on those of us who aren’t currently listed.

  19. AlexO

    Looks like AB 558 passed today but Janice expected it to and will focusing on killing it in the next step.

  20. Nick

    Just read the text from AB-558 and could not find any new information regarding a misdemeanor 314. Does anyone know that since it wasn’t listed, will it still be excluded?

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