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.Action ItemsCalifornia

CA Action Alert: Support SB 421 – Call Assy Approp. Committee

The CA Assembly Appropriations Committee will be hearing the Tiered Registry billSenate Bill 421–on August 23.

For many reasons, ACSOL is not planning on attending this hearing and we do not recommend you attend either.

However, all registrants and supporters should call ALL the Assembly Appropriations Committee members at their Sacramento office. Here is a link to the members and their phone numbers:

http://apro.assembly.ca.gov/membersstaff

The deadline for calling is August 22, the day before the hearing.

Tell the staff person that you know the Assembly Member will hear the bill in the Appropriations Committee so you want to comment on Senate Bill 421. Say that you support it, and that you would like the Assembly Member to support it. Even if he or she is not your Assembly  Member, mentioning the committee hearing lets them know that this is a situation where your comments have value to them as a committee member.

Please join us and invest a few minutes in working toward our freedom!

 

 

Join the discussion

  1. AlexO

    This is my frustrated rant that I just need to get down on the page and out there. It’s not directed at anyone here.

    This bill was originally sold as most people would fall into tier 1. Tier 2 was going have people who had enhancement for priors and violence. And tier 3 was going to have all the actually dangerous people with multiple offences and very severe crimes (I’m aware of the previous and still current prevision of the damn Static-99 solely placing people into tier 3 as well).

    Now seemingly the only people in tier 1 will be those with a single misdemeanor 647.6a and misdemeanor 311.11. Everything else looks like it was shuffled off into tier 2 or even tier 3.

    How is my non-contact crime of 311.4 (I upskirted a minor) and 647.6a misdemeanor, for which I was given standard probation, weekends to do my time, received very positive evaluations from psychiatrists, and low re-offence scores on all but the BS Static-99 (I got a 4), place me into the same tier as the person who actually raped multiple children and created and distributed CP?

    I own what I did. I had over 4 years of out-of-pocket counseling and am continuing with the program on a volunteer bases and not for a moment denied what I did or try and pass it off as no big deal while all the while seeing numerous people in the program who somehow got away without having to register despite the fact that they actually physically molested their victims, even sleeping with them in some cases. Hell, I’ve even seen people continue to deny that what they did wasn’t a big deal all the way through the program. But I’m the one that’s now being thrown in the lions den?

    These amendments are just ludicrous and seemingly don’t take into account anything other than your penal codes.

    I’m curious how many law suits this bill will bring should it go through as is by people in the same situation as me? I hope its a lot. And I hope all those law suits are brought up in the 3 year window this bill is giving to hopefully make positive changes before it goes into effect.

    I apologize for the rant. I’m not in a good place. The last 24 hours or so have been immensely stressful.

    • Lake County

      I can’t see how a 311.4 can be the same tier as someone that actually molested a child. None of this makes any sense to me.

    • Matthew

      what was the subsection of the 311.4? B, C, and D are automatic tier 3 it appears

      • AlexO

        Mine is 311.4a. These amendments seem to make it all inclusive. It was for upskirting my victim.

        I’m curious why you say b, c, and d are in T3? Do you mean in general or this bill?

        • Nondescript

          @AlexO

          Tier 3 –
          [The person was convicted of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10]

          The ” OR” means it pertains to subdivision b, c or d of those penal codes. If you read tier 2, you will see how they word the inclusive codes. They don’t list codes one after the other spaced by OR this, OR that.

          311.4a is a misdemeanor. 311.4 (b) ( c) and (d) are prosecuted as felonies.
          The way I read it is that 311.4a is tier 1 because it is not specifically listed in tier 2.

          • AlexO

            I thought that at first as well but 311.3 and 311.10 do not have b, c, or d (they actually do but those points talk about how everything above doesn’t pertain to officers in line of duty, or offer a definition of the preceding statue).

            Also, 311.2a is the only point in the entire 311 section that isn’t minor specific. It’s only about obscene material. Everything else specifically deals with minors.

            And notice how “section” is repeated twice. Once for the first PC and then again for the three other PCs, grouping them together as a whole and all inclusive.

            I really hope you’re right and I’m wrong though.

    • @AlexO

      You’re right it doesn’t make sense and it’s not fair. Did you know many contact offenses are still Tier 1. For example, any 261.5s (Stat rape) and 288a(b)s, Oral sex with a 17, 16, 15 or 14 year old minor! Some 286’s as well. Tier 1 No web disclosure; Tier 3 Disclosure with full address!

      This bill is 100% politics as you would expect from an LE sponsored bill and weak legislators.

      Further this really starts in 2023! SB421 says ‘2021’ but the DOJ can add “24 months” if a tier can not be immediately determined: ie no STATIC 99 or incomplete records or the DOJ hasn’t got around to it.

      Registrants supporting or not supporting will make 0% difference.

  2. American Detained in America

    I’m more than just a little concerned…when ACSOL says they aren’t attending and recommend we do the same without saying why, to me that’s huge flashing yellow light saying danger…am I the only one seeing that?

    • Roger

      As I already said above, some reasons are:
      (1) The committee doesn’t allow public comments
      (2) The committee meeting is transmitted live on the internet
      (3) There is a lack of networking with other ACSOL members for this event

      If you want to go to a meeting where you aren’t allowed to talk, that you could view at home, and do it alone, you are of course free to go.

      Please read my posts above for more details.

    • C

      Really? Did you read any of the other 190+ posts, many of which explain this?

  3. Lake County - SB421 Analysis Response

    I just received a response from the analyst of SB 421, this is what he said:

    “My apologies, you are correct, the automatic termination provision for pre-1987 offenses was, in fact, deleted from the August 21, 2017, version of the bill.

    I have revised my analysis on the Web.

    Thank you,
    Pedro Reyes

    • Lake County - SB421 Analysis Response

      After checking, he did not revise his analysis, he only deleted it from the internet. I can only assume he’ll put it back later. Maybe I should also have him put in his analysis that many lower tiers will now be put into tier III?

      • AlexO

        I would think people being shifted to t2 and t3 would be very relevant to the goals stated. This is driving them farther away.

      • Lake County

        I looked again and his corrected analysis is there.

  4. Friendly Advice

    Hi AlexO,

    Just wanted to say hang in there. I’ve appreciated your posts – good, bad, or indifferent – doesn’t really matter. You’ve helped a lot of people on this forum. You’ve consistently helped to explain what most of us have had a hard time understanding with all of these changes in the bill and current law. What resounds most in your posts is the very essence of what all of us who have to register experience. The constant roller coaster ride of ups and downs, periods of hope, and then periods of utter devastation. Not to mention the yearly reminder every time we have to update. The thought of all of this is very unsettling to say the least. Don’t give up. None of us know what this will all pan out to actually be. We all have unique circumstances that may make our personal situations better or worse. If I could buy you a drink (or two) I would. Hang in there.

  5. bill

    If I have a felony 311.11a that was in 2011, would that still make me tier 1? I thought only those 311 charges AFTER 2014 are NOT eligible to be in tier 1.

    • AlexO

      I believe you’re confusing it with expungement. In 2014 they moved 311.11 to the no-expungment list. Convictions prior to that are still eligible. If you were granted probation, go and get it expunged and reduced to a misdemeanor via 17b.

      According to these new amendments, only felony 311.11 are T2. Misdemeanors fall into T1.

      • ValueGirl

        So if 311.11 is the California equivalent to Federal (2252A(a)(5)(B) {and the plea deal included lifetime supervised release which we are trying to get released from} it sounds like your saying we could still try to get it expunged? Offense date was in 2006. I’m confused.

        • AlexO

          Ugh. I just typed up a whole thing on how to get it done but then checked and it looks like Federal level convictions are not eligible for California expungement. I’d consult a lawyer anyway as almost nothing is really written in stone if it can be argued well. Janice and others constantly fight these set-in-stone rules that sometimes end up getting overturned (it’s really what the whole battle about the registry is about).

          Sorry I couldn’t provide you with better news 🙁

    • Matthew

      You would be in Tier 2. However, you can try to get it reduced to a misdemeanor and you will fall under tier 1 (I believe) and would drop off after 10 years after release. The amended version states all felony 311.11 would be in tier 2.

      • AlexO

        An important correction: This bill does not drop anyone off. It only allows you to petition to get off. How easy that’ll be is still to be determined. It could be almost automatic like an expungement, or a hardcore roller-coaster like the CoR.

        • Relief Is 2023!

          @AlexO. A post-conviction specialist attorney thinks SB 421 relief will be somewhat easier, but similar to a COR. After all, many judges hate granting a mandated Cal 1203.4 even when it doesn’t grant relief!

          I imagine the Public Urinator from the 1970s will be granted relief..

          But the number of Registrants will continue to increase so maybe granting relief will be unavoidable. Hopefully.

          • AlexO

            Yup. I imagine it’ll fall somewhere in between. But the important is that everyone actually has to actively file for it. Given that the vast majority of people are not up to date on all the latest rules and laws, that’s going to mean a ton of people will remain on the registry simply because they’re not aware of their options. There’s a staggering number of people not filing for expungment even though they’re eligible, it’s simple, and all but automatic, simply because no one really explained the options to them. And this is for a law that’s been in place for decades and known to be available at the time of conviction (lawyers are terrible at explaining all the options, even if you do pay them an arm and a leg).

  6. drifter

    If I read correctly, I would fall under tier 1 if I was convicted of misdemeanor 243.4 (e)(1) sexual battery(subdivision (c). This is not the sexual battery with restraint. Can someone confirm.

    (1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.

  7. j

    2021? here’s a thought, why do we need to wait an additional 4 years to pass?? why wouldn’t it be made to law in 2018? if individuals have passed the 10 years *or* 20 years than petition to get off registration the beginning of 2018, its been 70 loooooong years *enough* already

    • Relief Is 2023!

      “Tier-to-be-Determined:” For those who think you are in Tiers 1 or 2 but have no STATIC 99 (most on the registry for ~12+ yrs), the DOJ will put you in the “Tier to be Determined” for up to 2 more years : 2023.

      Any missing info will also “allow” the DOJ this Tier tactic. You can bet this Tier-to-be-Determined will be posted.

      So really, Petitioning for relief is a minimum 6 YEARS away for most registrants with enough years already to qualify. And then the courts will be bogged down.

      Sorry to say, at least as I read it. Others?

      • Matthew

        Sounds about right.

      • JAB

        Relief 2023,

        What happens by pushing you up to 2023 and that’s your 30th year? Will you be automatically taken off or do you have to go to the courts?

        • Lake County

          No one is going to be dropped automatically no matter how many years have passed.

        • AlexO

          Not as of the current bill. They removed that provision entirely. So once it goes into effect it will not be dropping anyone off automatically.

        • Relief Is 2023!

          @JAB No more 30 year relief. Now EVERYONE has to petition for relief ($$) after the DOJ weighs in by Tier.

          110,000 RCs now. ~ 5K a year added. So ~125K in 2021. Maybe 10K in built-up relief petitions in ~2023. About 2K a year after that will qualify. The numbers of registrants will NOT go down from here.

          As currently written and proposed.

    • AlexO

      It can’t go into effect that quickly because 3 months isn’t nearly enough time to convert the entire system and classify everyone. Originally the bill was going to go into effect in 2019 but they added 2 more years in the current amendments due to the much heavier changes. They all the extra time to classify people, set up a new database, and bring all the courts and paperwork up to speed. The have to prepare as much as possible because the first few years could potentially see tens of thousands of people hitting the already overwhelmed court system with petitions.

    • Timmr

      Why wait 70 years? Why does an aerophobe postpone getting on a plane for another 4 years? Hoping it won’t ever happen. Aerophobe also means someone afraid of fresh air. We need fresh air in government. That is the real problem.

  8. Matthew

    Hey all, it looks like Sb 421 will be heard today about 30 bills in. I will try to update the status once it gets closer.

    • Matthew

      Whoever said the public doesn’t show up to assembly appropriations is not telling the truth. I am watching live on tv and they are doing the same thing with members of the community stating they support for other bills.

  9. Lake County

    I’m watching the hearing and so far they are taking public feedback on all the Bills they have considered so far. A large number of people are giving opinions on the Bills so far.

  10. Matthew

    There are not enough members present currently to vote on any of these bills? I guess 6 figures salary is not enough to do their job.

  11. Matthew

    Enough assembly members have shown up.

    • Matthew

      Looks like this bill was moved to suspense file due to not having accurate numbers on how much it would cost. Suspense file is known as a place where bills go to die.

      • AlexO

        Oh gee, what a surprise that the numbers weren’t accurate. Might have something to do with the fact that 40k people wouldn’t be automatically dropped as previously stated which means that 40k people that the courts must now actively dedicate time to in addition to everyone else. As well as now having to actually classify those 40k into tiers along with everyone else. AND the fact that they moved a ton of people into tier 2 and tier 3 which results in further cost increases.

        I pretty much expected this to happen with all these major revisions and the very poorly written analysis.

      • Curiouser

        Here, kids. Let’s edge-a-kate ourselves….
        http://sapro.senate.ca.gov/sites/sapro.senate.ca.gov/files/committeerules2013-14.doc

        opening paragraph:
        The committee, by a majority of the members present and voting, shall refer to the Suspense File all bills that would have a fiscal impact in any single fiscal year from the General Fund (including general obligation bond funds) or from private funds of $50,000 or more.

        Note the word, “shall.”

        Let’s not lose our collective minds just yet…we can always do that tomorrow.

        • Matthew

          This bill must be voted by the Assembly by Sept 15 at the latest. If not, it will be considered dead. I think people are ignoring that part. If this bill was introduced earlier, I think it would be very possible to pass. I am just worried about the latest in the year.

          With that being said, why is it that people are commenting on here that the Appropriations Committee does not listen to public opinion at these hearings? There were many people present. If you do not know, do not just make up stuff. My guess is that is was known that this bill would be or possibly put in the suspense file that it is why it was recommend not to attend (would of been a waste). People sharing false information that they will not listen just shows people will say anything and assume anything.

  12. TG

    Is anyone actually at the meeting today?

  13. David

    I am listening to the hearing right now. They are, indeed, hearing from Bill’s supporters and opponents. (However, this portion of the hearing seems to be addressing only Bills remaining or being placed in “suspense”.)

    • Matthew

      Sb421 was placed in suspense file. I think we are running out of time and this bill is about to die.

  14. Matthew

    SB 421- Has been moved to the suspense file.

    • AlexO

      So does that mean its fully dead or it can be moved out? Any reason stated for moving it there? I imagine the most recent amendments make it far less cost effective as it actually increases the amount of work needed to maintain the registry rather then decreasing as originally intended.

      • Matthew

        It can be moved out, but if I remember right, this bill had to be in Assembly by September 15th. I am not sure how they will be able to unsuspend it and vote on it in 3 weeks with the information that is being asked (financial).
        What is crazy is the person who Senator Weiner was working on this with, blasted even the amended version.

        Erin Runnion
        July 11 · Locke ·
        Sadly, SB 421 passed the State Assembly public safety committee today. They did say that they want me to work with the bill’s authors to suggest amendments. As it stands, if enacted 55,000 offenders will be immediately eligible to be permanently erased from both the Megan’s Law public registry as well as the one used by law enforcement to ensure compliance. It will cost $86million in the first five years alone just to process all of the applications for removal. That doesn’t count the cost to local agencies who first review the apps. Victims will have no idea where their perpetrators are and the public will have no way of knowing if they’re new friend is a sex offender. Contact your representatives, please! #BeBRAVE advocates

        • AlexO

          I’m guessing we probably have this person to thank for these most recent amendments?

          • Matthew

            Yes. There were posts that she posted after the amended version as well

  15. Ted

    I have a 289A “in concert”. I went to a party with my girlfriend when I was 18. My friend called me upstairs and there was a drunk naked adult woman on the floor playing with herself while about 10 people (men and women) watched. She was an adult. I didn’t have sex or participate, but I was on video in the room laughing because it was a spectacle. Anyway, I didn’t have money for an attorney and just took a plea deal because they said I would just have to register once and be done with it. I am now 55, so 37 years later. I am not really sure where I fall into this classification. Where I live now they call me a “Level 0” because my convicted crime doesn’t fall into a sex crime in the state I live in.

    Anyway, I don’t know what a 207 or 187 section is or what that means in the above. I just know I didn’t have sex with anyone and if my friend didn’t tell me there was something upstairs I had to see I would never have become a SO.

  16. TG

    SB 421 still has a chance.

    We have seen bills released from suspense very recently.

    Lets not give up hope.

    Maybe Janice can chime in on this?

  17. Curiouser

    Here, kids. Let’s edge-a-kate ourselves….
    http://sapro.senate.ca.gov/sites/sapro.senate.ca.gov/files/committeerules2013-14.doc

    opening paragraph:
    The committee, by a majority of the members present and voting, shall refer to the Suspense File all bills that would have a fiscal impact in any single fiscal year from the General Fund (including general obligation bond funds) or from private funds of $50,000 or more.

    Note the word, “shall.”

    Let’s not lose our collective minds just yet…we can always do that tomorrow.

    • Matthew

      The bill has a deadline of sept 15th… Its more worry about if there is enough time. If it is not passed in the assembly by sept 15th, its dead. So continue to educate further.

  18. AlexO

    Well, I don’t think anyone should be surprised that this version of the bill is all but dead right now. These last set of amendments completely sent it off the rails from its intent.

    I obviously do not have any actual facts to back up my following statement, but simple logic would state the following would actually increase the work load and cost for the system.

    – Removing the provision to automatically drop tens of thousands with convictions prior to 1987 is a huge cost increase. Without the auto drop, that means that potentially that many people would clog up the courts with petitions harder than Cousin It’s bathtub drain. Add several thousands more that would also qualify under tier 1 and tier 2, and it’s just unworkable (the courts as they are can’t handle the load).

    – Moving so many more people into tier 2 and tier 3 who were previously tier 1 and tier 2 means long term costs and work would not be reduced by nearly the amount previously envisioned.

    – And with combination of not dropping people automatically with old convictions, nor allowing auto drops with people who’ve reach their term threshold, and (I’m assuming) with no official notification to all of RC’s that these new options are available, the registry would remain largely unchanged in size and continue to grow.

    Whether on purpose or through hubris, the legislation has greatly failed everyone. And no, victim rights advocates, this was in no way a win for you. This just means that hundreds of thousands of people, including children, will continue to be very negatively impacted by the registry when their families continue having issues finding stable housing and employment.

    Hopefully this ship can be corrected. Or maybe let it sink to the bottom and start building a new one.

    • Relief Is 2023

      @AlexO However, at annual updates, the item where Registrants have to initial “Registration is a life time requirement” will need to be modified and any RCs that out of touch would then become aware.

      Btw, the pre-’87s that met the original auto-relief qualifications is ~5,000 to 10,000 max. But yes, you are very likely correct; No significant drop in the numbers of registrants below ~100K and so no longer cost effective.

      • AlexO

        Don’t discount people not taking advantage due to not having money to hire an attorney. Some of us may be able navigate the system alone with research, but for most that would be about as easy as building a car from scratch. Not having automatic drop off after X years like other states have is going to be a huge burden on most. Remember: a whole lot of RC’s are homeless and have very little money due to poor employment options because of the registry. This will certainly be a huge burden for the majority and counter productive to the original bills intent.

        • New Person

          What if the point of not automatically dropping was due to wanting more money from RC’s as well as giving the DA’s more power over those petitions?

          Plus, it does create a construct of unequal protections upon the same banner: Why can 10,000 registrants be automatically signed off the registry while the other 100,000 do not?

          Probably runs into problems with the Cal. Constitution, Art 1., Sec 7(b):
          =================
          (b) A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.[1]
          =================

          Here, you can quickly identify that the immunity isn’t being granted upon the same terms. Although, I truly doubt the lawmakers actually know about this statute in the Ca Constitution b/c 1203.4 isn’t applied equally to those who qualify for it.

          • AlexO

            Right. They are already ignoring that clause under the guise of “regulatory” rules. Them auto dropping those people would create a few bad feelings (though most wouldn’t even know given how the information is disseminated, or, more accurately, isn’t) but it wouldn’t be out of line with how the registry already works. Them suddenly being concerned about equality of justice would certainly be a surprise.

      • Lake County

        To Relief Is 2023,

        Registration is still a lifetime requirement under SB 421, however it gives you the option to petition to get removed similar to a COR that is available now. I see no need for them to update their registration form. I’m sure if this was to pass we may not see any official notice directly from DOJ, except it will probably be mentioned on the ML website like other policies and forms they post now. However I imagine some of the nicer registration officers might advise us during our annual of any new option for removal. I wouldn’t ask any of the officers about who will qualify as I doubt any of them will be able to decipher this mess any better than the rest of us.

  19. Matthew

    From: http://assembly.ca.gov/legislativedeadlines

    September Deadlines
    Sept. 1 Last day for fiscal committees to meet and report bills to the Floor (J.R. 61(a)(12)).
    Sept. 4 Labor Day.
    Sept. 5-15 Floor session only. No committee may meet for any purpose (J.R. 61(a)(13)).
    Sept. 8 Last day to amend on the Floor (J.R. 61(a)(14)).
    Sept. 15 Last day for any bill to be passed (J.R. 61(a)(15)). Interim Recess begins on adjournment (J.R. 51(a)(4))

  20. TG

    The appropriations committee still has a Aug. 30 meeting.

    They could take 421 out of suspense then, right?

  21. David

    All their petty amendments made the Bill unworkable and, apparently, incalculable.

  22. Friendly Advice

    After today’s news, is it ironic that the emotional support meeting is scheduled for 8/26?

  23. Matthew

    If I am seeing this right, the committee only gets together once a week, every Wednesday, at least according to their calendar on the website. That means in order for assembly to hear it, it would have to be released and approved asap. How soon does the assembly hear a bill once the committee has passed it?

  24. Pamela

    Hi all –
    No our bill is not dead. Really.
    This is what happened today – As others have already noted, in the assembly appropriations committee every bill with a fiscal impact to California’s budget over a certain amount of money was AUTOMATICALLY moved to the suspense file. Today’s committee meeting WAS NOT a pass or do not pass vote on any fiscal impact bills. ALL the fiscal impact bills in the suspense file will be voted pass/do not pass FOR THE FIRST TIME by the assembly appropriations committee on September 1st.
    This process is unique to the assembly; it is distinctly different than in the senate appropriations committee.
    Even though our bill was not voted on today, showing our support with phone calls and letters was still vital. We must take EVERY SINGLE opportunity to let our representatives and the committee members know that we are watching and that we (the public) support this bill.

    • TG

      Thank you, Pamela.

    • AlexO

      Thank you, Pamela.

      Could the bill be further amended before the rescheduled vote, and then again at each step after?

    • Matthew

      Not worried about it being suspended. More worried about the Sept 15th deadline. Especially when the next committee meeting is the 30th of August

    • David

      Thank you for the clarification, Pamela. (That delay will give lawmakers an opportunity to remove some of their absurd, obstructive amendments. Not likely, huh?)

  25. Bill

    It’s not over till the large rotund lady sings, right?

    • Matt

      This bill is bad for almost every person who is registered. I cannot believe anybody would still endorse this when 2/3 or more would wind up in a worse position than they’re in now? Read the bill people! It’s a bait and switch. It moves almost everybody to a 2 or 3. It makes people more dangerous tomorrow than they are today. And to have a “chance” at getting off sometime down the road? Absurd. This bill needs to stay exactly where it is. If it comes out of suspense, and passes, law enforcement will use it to justify bloating their budgets and making life more miserable for everyone. The intent of the bill originally was good. What it has become is a complete wreck. Let it die.

  26. Pamela

    Hi Matthew, David, TG, AlexO and all –
    Right now our bill is neither late nor is it running out of time. It’s actually right on time. These are the next steps:
    1. The Assembly Appropriations Committee will have one more meeting on August 30th. This meeting will be much like today’s meeting as there are still outstanding bills that need to be either moved to the assembly suspense file (fiscal bills) or get a pass/no pass vote (non-fiscal bills).
    2. On September 1st, all the fiscal bills will be considered by the Appropriations Committee. This meeting is not open to the public. At this meeting all the fiscal bills will get a pass or no pass vote.
    3. If passed out of appropriations the bill will then move to the Assembly Floor for what is called a “Third Reading.” Senator Weiner will explain the bill and the Assembly Members will then discuss the bill. A vote will be taken.
    4. Because the Assembly has amended the bill, if the floor vote by the Assembly is “yes” SB 421 will have to go back to the Senate. The Senate might agree with the Assembly’s amendments, this is called concurrence. HOWEVER, the Senate might not agree with the Assembly version. If this happens the bill is referred to a conference committee made up of 3 members from the senate and 3 members from the assembly. If the conference committee can reach a compromise, the bill will go back to both houses for a final vote.
    5. If the bill is subsequently passed by both houses it will go to the Governor for signature. Governor Brown has three choices (1) sign the bill into law, (2) allow it to become law without his signature, or (3) veto it.

    • AlexO

      Thank you very much for the explanation of the process. I’d be a lot more fascinated by it if it didn’t impact our lives so greatly. It’s hard keeping calm on this roller coaster when we don’t know if swoop down will be a bed of pillows or jagged glass.

  27. Pamela

    I have seen bills amended by the Assembly accepted in total by the Senate but I have also seen all the Assembly Amendments removed from a bill and then the bill returned to both houses by the compromise committee exactly as it was first proposed by the Senate. This really does happen.

    Sometimes amendments really are just political which means even the person demanding the amendment doesn’t actually think the end bill will include the proposed changes (“Constituents I did my best and tried very hard to amend the bill so everyone on the registry would have to live at the police station for the rest of their life but gosh darn it the Senate just would not accept my recommendation!”). Sometimes a bill’s author agrees to amendments in order to get the bill through the Assembly (or through the Senate) knowing the compromise committee will throw it out. This is the political process, it is what it is.

    Bottom line – we don’t know what the final bill will look like yet and we won’t know until it is either accepted by the Senate with Assembly amendments or returned by the compromise committee with changes. At this point we can agree as amended by the Assembly, SB 421 is very different than the original Senate bill. People can decided the bill is now “bad” but we just don’t know what the bill will look like at the end of this process.

    This is why it is important to keep the bill alive and hope it gets out of the appropriations committee.

    • Matthew

      Hey Pamela,

      Thank you for your remarks and making sense of it all. I am glad you are here and assisting with the language and process. So it would be wise or possible to make contact with the senators and ask for them to reject the changes based on how much money it will take and the time consumption for this process and should go back to its original plan? ;). We could even state it will not clear up registry and focus on those of risk to reoffend? Who is with me..hah

      • AlexO

        That’s a great question. If appropriate, I would love to write in for the bill but against these new amendments. I could even use myself as an example. Again, only if that would be appropriate.

    • Matt

      So what you’re saying is that we should roll the dice and see if we get something worse than what we have now. Sounds great. No thanks.

  28. TG

    There is a lot of speculation about everything that is happening. But no word from Janice. I am hoping she has the time to give her thoughts on the latest developments.

  29. Matthew

    I wish there was a live chat during certain times so that way we can communicate. While I know having an administrator monitor posts, it would be easier to be able to talk live and help each other out instead of keep checking if you can assist or look for answers constantly

    • Anna

      Matthew,

      You seem astute to the goings-on here, as do a lot of other people. So my message is to everyone here. =)

      What do you think is the best way for us underlings to help get this passed at the next level? ACSOL is expertly doing its job at high levels, thankfully… which is why we’re here talking.

      So there MUST be a way for us commentators to help keep this bill alive. The thing is, most ordinary folk don’t take notice to the plights of people under this particular “offense” rule. So getting regular citizens to support it, or to call in or write their assembly member (which is necessary)… just doesn’t have a huge turnout.

      How else can we make this happen?

      My background is in video and social media, and I have a vested interest in getting this important bill passed (my brother is suffering unduly from the effects of it). I offer up my services free and clear. Can’t we make a live blog, as some people here have proposed, or do some sort of new and different thing to capture the interest of the public at large? Get a million voices in our corner?

      SB 421 benefits everyone. It just needs a campaign logo, a bumper sticker and a series of super-smart advertisement videos. We can use humor, even (I have a million ideas). We just need to market this message to the masses who can rise up and make a change.

      • John4

        Anna… have a team consisting of families and friends of registrants send out letters to registrants in Ca starting from the top of the list to recruit, inform. I’m quite sure theres thousands of suffering families who are completely in the dark of any movements (ASCOL)and of such and simply have no hope. Money, donations and or volunteers to initiate this would indeed be the primary factor. Is this legal? I’m not an attorney so I wouldn’t even no 😳

        • Anna

          Thanks!!! I’m gonna do that. No one in my family has ever written in support of any legislation, so I’ll be rounding them up!

      • Matthew

        Hey Anna,

        I think at this point its going to be passed or failed based on all the information that is out there. Yes, for those who want their voice heard, can simply contact the assembly (if it passes the appropriations committee) and let them know about their stance. In my opinion, what we truly need to do is separate ourselves from the reoccurring offenders that give all registered citizens a bad name. We need to reach out to those who are affected and organizations and let them know that we do care about the effects it had on them and are doing our best to grow as people. Instead, both sides are drawing “battle lines” of a us vs them. There is no way to win a battle when one is battling victims. Their lives were ruined by our decisions and such be up to us and show the community that we are better than the choices we made poorly. In order to showcase a different point of view, we must present ourselves as who we are today. We should all think back to how we felt about sex crimes prior to us being in our current situations. What did we think back then compared to how we feel now? The change of our views was sparked by our actions or someone’s else’s actions. From there, we see the person not the decision they made.

        • Anna

          Agreed, Matthew! And nicely said. I don’t know of any forum that really connects the two, with people wanting to reach out and share. But it’s a great idea. I think even the victims (I’m a “victim” as well, so I can only speak for myself really) want this tiered registry to go through. There needs to be a clearer definition of offenses, not just for safety and fairness, but because if a punishment for any perceived sexual offense is for an entire lifetime, what’s the point of offenders coming to terms with their mistakes/tendencies and striving to reform? There are serious/violent offenders who will not or cannot change, and they need to be in a category all their own. I just can’t believe this sort of 3-tiered system wasn’t set in place from the very beginning. Otherwise, it makes victims of us all (except the people who truly deserve the lifelong sentence). I’ve seen lives ruined on both sides. =(

          • Anna

            I should add here that what happened to me was extremely violent in nature, yet the offender (who was caught by the police and jailed) doesn’t even have to register. Yet my brother, who was on the opposite side of the spectrum and made a mistake a long time ago with someone who lied about their age, has to register for life. It has ruined so many things for him.

          • kind of living

            @ Anna ,,,,, at what point is it one might be viewed as a person that level 3 it that might be safe to say a person that a person has changed ? maybe there should be a level 4 or why not a five , sky is the limit , how many years would be enough ? not doing sex crimes ? we just being stuck in limbo no matter what we have become as good people with familys , how bout this ,,, we do the time the court gave us and how ever many years of paper and we are not on a tier at all , if we go out and do another crime the court see that there may be a problem and act on that and order help for that person , rather that worrying about some tier , there will always be a level 10 to point at on the news , that may have been a level one to begin with , drawing lines make no one safe , its just further punishment for people that’s trying to do right in life , while a few that could be any level or no level at all because they were never caught or just a new face they control the fate of others that already did their time trying to set things right by being good people , that’s my one 1%er view

  30. Rodney

    Just read revised SB421 Bill.
    Commencing January 1, 2021?
    For real? Really?
    I’ll be 66 years old if I live until then.
    Really? Please tell me I’m wrong.

  31. Lake County

    I might feel better knowing what Janice thinks about this. Coming to this website and getting involved with all these issues is becoming an emotional roller coaster.

    • Matt

      Lake, Here’s what you need to know: As the bill is written, 85% of the people on the registry will have a worse condition than they do now. What else do you need to know? I have emailed Janice a few times. I get an auto-response saying she is unavailable until the 28th. Almost everybody winds up as a 2 or 3. The notion that we might be able to get off the registry at some point after 2021, by applying for mercy, (after spending thousands of dollars) is a pipe dream at best. Stop wishing for the best and look at reality. This is absolutely not what it was sold as. And it will only get worse from here. I don’t know who Pamela is, but she is spreading false hope in my opinion. She is basically saying that all the bait and switch amendments could go away. Well, I guess that is technically possible. On the other hand, they could amend it to say that we all get committed to concentration camps forever too. And what elected official wouldn’t vote for that? Anybody who trusts a government official to do the right thing is a freaking moron. SB421 is the last nail in the coffin.

    • Matthew

      In my personal opinion and to respect to all, we are all capable of giving our own opinions on a bill by simply reading the bill and research. Sometimes we get so used to people doing stuff for us that we don’t realize our full potential. Someones take, with all due respect, is going to change from one person to another. I can assume she will give feedback to the sort of “It is not as great as we thought but it still brings change and those lawmakers are willing to make any change which is good in its own right.” Do not depend on people to let you know how you should feel.

      • AlexO

        It’s hard to properly research legal documents. They’re not written with layman in mind. Sometimes a simple comma may mean the world of difference in the result. We can try and analyze what we’re reading, but ultimately we need to defer to experts like Janice who actually understand the nuances. Reading a legal document with no training is no different than reading a DNA sequence.

    • Timmr

      Take yourself out of it, then. See it from an impartial standpoint, if you can. Does it go in the right direction? It never benefited the majority. Where did you get that idea. It is supposed to be an incremental step, the concept of which you had once supported. The registry doesn’t end when you get off it. I warned that if we supported this bill, we will have to own it. It is too late to have second thoughts. Pamela is on the board and has laid out the likely course this bill will take. Just take a deep breath and stay the course and wait for the next instruction.

      • Janice Bellucci

        Thank you, Timmr, for your voice of reason. As you accurately stated, ACSOL has viewed and continues to view the Tiered Registry Bill as one step in an incremental process. It is not the final answer. If the bill becomes law, it will become a foundation upon which we can build in future sessions of the state legislature.

      • Matthew

        You are really sounding like a robot or a sheep by saying wait further instruction. Do you think another sex offender bill will be priority for lawmakers? Its time for people to put on their adult pants and review how they feel about something on their own

        • Timmr

          I have reviewed how I feel about this tiered bill in numerous posts when the discussion was fresh. I feel the recent concerns with the amendments. I have decided after long thought to simply support the people who know better about the process, and have the experience and the time to run around Sacramento and assess and address the situation and make recommendations. I don’t have that time and experience. I know my limits and it is not about me anyway. I can make some calls, write some letters and I am trying to earn enough money to go to Sacramento more often, when needed. It is like when at my work, I put my pride away and subcontract out work that someone else can do a better job at. It is just the responsible thing to do in some cases to complete the task. Like I said and gave reasons not all ACSOL’s, I think it is just important to see the bill passed and move on from there. I am not going to stick my thumb in there and risk messing the job up.

  32. michael

    Me personally Ive gotten no where, as for this so called thinning of the registry…
    since 90+ % of people cant afford the BS lawyer fee’s to PAY to petition the court, MOST all will be STAYING on the registry ANYWAYS, therefore in turn the REGISTRY WILL STAY BLOATED and still COST A TON OF $$$$$$$$$$$$$, so this so called BILL that is to have the objective of THINNING out the registry, well it will HARDLY go down in numbers….

    someone mentioned 5000 a year + are added (dont know where that comes from im just requoting…) but if it ADDS 5k a year, I DOUBT that 5K a year have the upwards of estimated 3-5K to spend to GET OFF after thier 10-20 years….

    This is another BS thing in the government to make it look like WE WILL BE SAVING $$ when the government wont be saving anything….

    MARK my words in 5-10 years from now it will CONTINUE to CLIMB and always stay at 100K plus unless auto removals are done !!! !!!! !!!

    • AlexO

      It’s ironic that most won’t be able to afford a lawyer to get off the registry because the registry is preventing them from getting a good job to pay the lawyer.

      • Relief Is 2023

        @AlexO: For many petition cases, Registrants will also have to get a Psych exam (from a CASOMB approved provider). These are $3,000 – $5,000. Almost certain for anyone with a contact or CP or a 647.6. This is the Judges CYA plan.

        And unlike a 1203.4 but like a COR, it may or may not be granted. That’s why losing the 30 year auto-relief has a big impact.

    • mot

      Interesting comment and I concur; in CA we now have a FUND in the state and LA County and LA City to help those here illegally get the lawyers and legal help they need to stay here. WE RSO are citizens and were citizens before our offense and continue to pay taxes but when it comes to legal help to get relief from the registry we have to pay full price to lawyers. I have been quoted $5,000 to $10,000 to get a COH; expunge and with NO guarantee any of can happen. So WE are even lower on the totem pole of life.

  33. hh

    Can someone please clarify – are the tiers going to be based in conviction or static 99 score ? Very confused as I keep seeing people comment on both.

    • Matthew

      If you static score is defined as well above average, it is tier 3. Other than that its conviction

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