A bill has been introduced in the California State Assembly that would, if passed overturn a recent court decision and further limit the number of registered citizens who are eligible to apply for a certificate of rehabilitation. That bill is AB 1438, which was introduced by Assembly Members Eric Linder (Republican, Riverside) on January 6.
The California Court of Appeals decided in the case, People v. Tirey, on November 15, 2013, that registered citizens convicted of Penal Code Section 288(a) are eligible to apply for a certificate of rehabilitation. The court’s decision is based upon the equal protection clause of the California constitution. In its decision, the court noted a disparity in current law that allows those convicted of a more serious offense to apply for a certificate of rehabilitation.
“This bill must be stopped,” stated CA RSOL President Janice Bellucci. “If passed, it would further erode the opportunity of registered citizens who have paid their debt to society and do not pose a current danger to be removed from the sex offender registry.”
California RSOL is opposed to AB 1438 and will lobby in opposition to that bill in Sacramento on January 27 and 28.