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Baldwin Park to consider suspending sex offender restrictions

BALDWIN PARK >> The city could stop restricting where sex offenders can live and move if the council takes the city attorney’s recommendation at its Wednesday meeting.

The Baldwin Park Municipal Code prevents sex offenders from living within 2,000 feet of any children’s facility and from loitering within 300 feet of any children’s facility. The law was enacted in December, 2006, based on a section of the state penal code that allows cities to adopt tighter restrictions on where offenders can live and move. Full Article

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This is a good reason why this laws should and are being stopped! This is nuts! I plead to a charge related to an adult prostitute! Now, I had no idea Baldwin Park enacted this law! What if I drove by a school? Or, what if you had a child in school and you where responsible for picking your child up since your wife worked and you where unable to due to this type of conviction? What if a cop alleged you where loitering if you where waiting outside for your 4 year old? These laws are a joke!

The ordinance passed by Baldwin Park, like many others, is based upon faulty legal reasoning. That is, that state law allows cities and counties to pass laws that prohibit where a registered citizen may be present. They often cite Jessica’s Law, which applies only to RESIDENCY restrictions, as that state law. It is true that Jessica’s Law allows cities and counties to pass more restrictive laws pertaining to RESIDENCY, but it does not allow them to pass any type of presence restriction.

Please note that it could not apply to those already off parole…even the current ag Harris has taken that position .

Although the Attorney General (AG) has taken the position that Jessica’s Law and therefore residency restrictions only applies to registered citizens while on parole, there is no court decision to back up that position. The California Supreme Court may or may not agree with her.

The may or may not agree with her (ag) puts her in check …checkmate.

Would love your thoughts, please comment.x