Janice’s Journal: The Path Forward for CA tiered registry (SB 384)

In the most recent step of the legislative process, the Assembly’s Public Safety Committee approved the newest version of the Tiered Registry Bill (SB 384) yesterday. The bill is now moving forward to the full Assembly for a floor vote in a few days where it may pass and if so, then on to the Senate the same day for a concurrence vote.

The newest version of the Tiered Registry Bill was created behind closed doors and was made public only a few days ago. The new bill resembles a monster of Frankenstein its jumbled and sometimes contradictory provisions. The new bill helps some and hurts many others.

The new bill differs dramatically from previous versions of the Tiered Registry Bill (SB 421) in several ways. The most dramatic difference is the assignment of all individuals convicted of felony child pornography (CP) to Tier 3. Due to that difference, there has been a loud hue and cry from registrants and family members who would be affected both directly and indirectly.

Their cry is understandable for many reasons. First, empirical evidence clearly states that those convicted of a CP offense are very unlikely to re-offend. Second, empirical evidence shows that those convicted of a CP offense have not and will not commit a violent or contact offense.

Third, there is a fundamental lack of fairness, logic and rational thinking in requiring an individual convicted once of a non-contact, non-violent offense to register for the same period of time as an individual convicted of multiple violent offenses. For example, a 16-year-old girl who sent nude selfies to her fellow high school students will be required to register for the same period of time as Phil Garrido who sexually assaulted his victim for 18 years. Finally, the expectations of those convicted of CP offenses and their loved ones were not dashed, but were annihilated by the new tier assignment.

During the short time available between the public release and the committee’s consideration of the bill, ACSOL lobbied strongly to revise downward (from Tier 3 to Tier 1) felony CP offenses. Our lobbying efforts failed because the skids of that bill were greased before it became public. That is, it was learned that an agreement had already been reached between members of the legislature and law enforcement, with prompting from the Governor, to move forward the current version of the bill.

The question now is what can we do? What is the path forward?

As difficult as it is, we need to wait. We need to wait to see if the legislature passes SB 384 and if the Governor signs the bill into law. We will know that outcome no later than October 15.

If the bill does become law, there are at least two ways to challenge it – future legislation and litigation. Future legislation is possible because the law would not take effect until January 2021. During the 4-year period between its passage and its effective date, new legislation could be passed that moves felony CP offenses from Tier 3 to Tier 1.

Future litigation is possible only after the law takes effect and could be challenged on many grounds including the equal protection clause of the 14th Amendment to the U.S. Constitution. There may be additional ways to challenge SB 384 and perhaps the entire registry in the future if courts continue to issue favorable decisions, such as Does v. Snyder, Commonwealth v. Muniz and Millard v. Rankin.

In order to succeed on any level, we must Show Up, Stand Up and Speak Up in increasing numbers. Larger numbers of volunteers will be needed to attend legislative hearings, to serve as plaintiffs and to make financial contributions. With that support, we can and will succeed!

— by Janice Bellucci

Read all Janice’s Journals

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9/15/17 5:34PM
SB 384 passed. 42-22 vote.

384 just passed by a majority of votes. It’s biggest cheer leader was none other than Assemblywoman Lorena Gonzalez-Fletcher.

Senate Bill 384 passed the Assembly.

This helps me if all goes well. If all goes well, it will be the first time. But there are plenty of people who it will not help and we cannot leave them behind. No one should be celebrating today. However, my thanks to all those who pushed hard for the best we could do.

13) Provides that effective January 1, 2022, registrants of specified sex offenses under current
law and tier three registrants, excluding juvenile offenders, will be posted on a public Web
site with full address. All other tier two registrants and those convicted of committing or
attempting to commit annoying or molesting a minor, excluding juvenile offenders, will be
posted on the public Web site with the ZIP Code for the registered address displayed.

annoying a minor is a Tier 1 offense but will not be on public website?

Yep. Passed. On to the Governor now.

Bill analysis and how each legislator voted:

https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201720180SB384

what tier does a misdemanor 311.11 fall into. Mine is a wobbler and i have been holding off having it reduced because i was told you and only get a COR if you have a felony. So I was going to go for the COR and then go for the reduction to a misdemeanor

I am new to all this. My husband is serving his sentence in jail now for felony 311.11. Could someone tell me if under the current law, would he be listed on the public Megan’s website?

Concerned Wife ~ Here is a cut and paste of the new law: If I am reading this correctly, he would be a Tier 1 (not publicized ) He falls into the Felony Offense described in (c) but f it was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, he would still be a Tier 1. Read both Section 667.5 (c) and Section 1192.7 (c) to see if he falls in any of those categories. If he went to jail, I kind of doubt he would.

(c) The following persons shall register:
Every person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 288, 288a, or 289, Section 207 or 209 committed with intent to violate Section 261, 286, 288, 288a, or 289, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 288, 288a, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision.
(d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows:
(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.

These thieves in government are literally stealing life and time from us. They have us locked in a virtual prison and keep teasing us with promises of fairness and hope.

They have lied and will do nothing. I do not respect their qualifications as leaders and I do not accept their laws. Liers have nothing to offer except lies and I have had enough!

They are stealing days and years from people’s lives for their own gain…why are not more people pissed about this shit?!?

Not quite sure where I stand with the current Bill; as I have stated before, one way or the other, I will be removed from this registry. I am also a Christian who has understood my own short comings. To be clear, I am in support of those who are CP’s that fall under the Tier 3. category. It would be redundant for me to repeat the obvious, but murderers are trusted more than us. I believe in the Lord, and I prayed and the Lord listened. I encourage all of you to accept and trust in the Lord Jesus, he does answer prayers, but more than that, he loves and saves us from our sins, and most likely, sin brought us here. Although I believe that I will be placed in Tier 1. I will continue to pray for the less fortunate and fight for all to have the option to be removed. In general, this law is consistent with cruel and unusual punishment.

Well, looks like I’ll be classified as Tier 3. Got an old late 90’s conviction of a 288(a) and 243.4(a).
It’s the 243.4(a) that did it.

I really didn’t have much hope in this bill anyhow. It’s too bad nothing can be done about people in my shoes… a husband, a father, a “playing doctors” crime committed decades ago, with no other legal troubles since.

My husband was convicted 2008 he was rerelease 2013 he is considered low risk & should be off parole May 2018 but we are praying for a early release from being on parole. What tier would he be considered? He been working since he been out & married & has not been back to jail for the same offense.

I am RSO I was convicted 2004
288 (C) lewd & lascivious
No prison only work release 1yr
Probation 5yrs completed
Sex offenders class 1yr completed
Will my 228 (c) fall
Into TIER 1?