Janice’s Journal: SB 267 – Time to step up

***Senate Public Safety Committee Hearing on May 12*** – The California legislature yesterday struck a blow against all registered citizens. That blow is passage of Senate Bill 267 (SB 267) by the Senate Governance and Finance Committee. Despite testimony in opposition to the bill from the ACLU, California Attorneys for Criminal Justice, Alameda County and California RSOL, the Committee passed the bill unanimously.

If SB 267 becomes law, cities and counties will be authorized to prohibit registered citizens from being present in or even near public places (parks, beached, libraries, museums, etc.) as well as private places (movie theaters, fast food restaurants, bowling alleys, etc.).

If SB 267 becomes law, registered citizens will again be required to navigate a minefield of local laws for which no signs have been posted. If SB 267 becomes law, registered citizens could pay the price of spending up to one year in jail, a fine of up to $1,000 or both for each violation of any one of those laws.

All is not lost. There is hope. We have three opportunities to stop SB 267 from becoming law although each step is increasingly difficult.

First, SB 267 could be stopped at the Senate Public Safety Committee hearing on April 29. California RSOL lobbied this week in the offices of the members of that committee and will testify at that hearing. More needs to be done, however, and it needs to be done by YOU! Yes, you, who are reading this column.

YOU need to write and send a letter to every member of the Senate Public Safety Committee and you need to do it today. After you have written and sent the letter, you need to call the Senators’ offices. There is no time to waste.

Second, SB 267 could be stopped on the floor of the Senate. This is a lot more difficult than sending a letter and making a phone call. In fact, it will require at least 21 Senators to vote in opposition to the bill.

Finally, SB 267 could be stopped in the Governor’s office. This will be the most difficult task as the Governor is not known for his support of registered citizens.

We can do this! There are more than 100,000 registered citizens in this state and each citizen has at least two family members or friends who could join them. Let’s make our voices heard in the State Capitol!!

[Attached is a draft letter (Senate Letter – SB 267 – April 2015) to the Senate Public Safety Committee and below a list of its members including mailing addresses and phone numbers]

– Janice Bellucci
Read all of Janice’s Journal

Related
Let local governments set safety zones for children: Guest commentary


CALIFORNIA STATE SENATE
COMMITTEE ON PUBLIC SAFETY

[ezcol_1third]

Senator Loni Hancock, Chair
State Capitol, Room 2082
Sacramento,  CA  95814
(916) 651-4009

Senator Joel Anderson, Co-Chair
State Capitol, Room 5052
Sacramento, CA 95814
(916) 651-4038

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Senator Mark Leno
State Capitol, Room 5100
Sacramento,  CA  95814
(916) 651-4011

Senator Carol Liu
State Capitol, Room 5097
Sacramento,  CA  95814
(916) 651-4025

[/ezcol_1third] [ezcol_1third_end]

Senator Mike McGuire
State Capitol, Room 5064
Sacramento, CA 95814
(916) 651-4002

Senator Bill Monning
State Capitol, Room 313
Sacramento, CA 95814
(916) 651-4017

Senator Jeff Stone
State Capitol, Room 4062
Sacramento, CA 95814
(916) 651-4028

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Now this is interesting. They refused to listen to the CASOMB – (CA Sex Offender Management Board)and the CARSOL about setting up a tier system so some of us can get off. They are happy to pass this and NOT listen to the CASOMB on why this shouldn’t be passed.
Tell me again what the point of having the CASOMB for if the legislature isn’t going to listen?

I remain confused… how can one get punished in State Criminal Court for violating a City Ordinance?

BTW, here is the hearing.
http://senate.ca.gov/media-archive# (Apr 15, Senate Governance and Finance Committee, @26:30).

Great job and thank you to CA RSOL, the ACLU (!) and all that showed up.

To-do list for this weekend… write letters and send donation to CA RSOL for possible (probable?) litigation of this abomination. Sigh…

It is not so much about educating the public as it is for the RSO and their families to stand up and get involved, lawmakers dislike when people show up and point out the real truth about restrictions and the fact that they do little good. It will take the millions of families to knock down the door of their lawmakers before any significant change will happen. Most RSO are in denial about what numbers can really do. I do not live in CA, I have contributed in the past for the cause but these lawmakers have gone insane all around this country, but the 100,000 or so just in California seem to be unwilling to take a stand. We take one step forward and 5 steps back, same where I live. I hope you citizens in California are successful, but from watching and helping with change I see very little. I really thought going about this in a legal and non-violent way was always the right thing to do no matter how we as a group have been hounded, disgraced and had our families torn apart even after we have paid for the crime ( 16 year old F, touched her breast) Happened nearly 15 years ago. This is about what is right, the add on the lawmakers keep coming up with have to stop, but how?

I seem to recall similar legislation was proposed a few years ago, and it wound up dying in the Senate or the Assembly. In those Instances, where did it die? I honestly wasn’t expecting anyone in the Governance and Finance Committee to do anything resembling common sense and opposing this “bill.” With only seven votes, there would be no one to hide behind.

If this bill allows cities to make laws saying RC’s can’t be near a certain place, that means they also can’t live near that certain place. If the CA supreme Court just rulled that blanket residency restrictions can’t be applied to all RC’s on parole, then how can this fly for all RC’s?

I really hope that when these laws get passed that the ACLU or carsol or other entity will immediately attempt to get a temporary injunction to stop it. Based on what sounded like the CA court position on such laws restricting someone’s rights to movement in the community such as movie theaters stores bowling allys would be considered unconstitutional. At least that was my impression I got from the some of the language in the recent decision. I’m not sure if it was stated in Taylor or mosley Il have to check.

Ridiculous ..what a massive waste of time and money…taxpayers you are going to be made aware AGAIN ..such a proposal is illegal and UNCONSTITUTIONAL ……………in any legislature or board there are two kinds of people in them…those who are humble ..and..those who are about to BE.

I’m a little confused. Does this affect all levels of offenders? Or, just high risk or child related offenses? I think this bill is another good example of why California is dealing with so many issues. Politicians are more interested in getting re-elected than doing the right thing!

Printed, signed, stamped, sealed and be in the mailbox by the morning

C’mon people, let’s get on this! If we don’t fight for ourselves, no one else will! As ridiculous and ignorant as all these laws are, we must not give up. If we don’t resist they will continue to step and abuse our rights as human beings! We are the new American slave and we must unite and fight to restore our rights, we only live once so we have one shot at fighting to live a normal life.

Wrote my own. Done!

Just watched the video on the bill D you want have to move they have to take the part about were you reside out thank God is all about were people congrate

My computer is too old to open the file to read the letter. Would anyone care to cut/paste the letter so I can copy and send off some letters?
Or maybe give a short description of the contents and I will write my own?
I’d appreciate it.

I just printed the addresses and will send a letter to each Senator on this list. Do you all use your real names? I have never written to a senator and don’t know how much I want them to know about me. Thanks.

In light of these findings and conclusions by the very agencies that have been assigned by the various governmental agencies to study and report on these subjects, the court can and should question the legislative intent of the recent changes to the registration and notification laws that are being continually enacted and amended in the legislature. The court should question if the intent of the individual legislators who create and introduce such bills are simply using such legislation as a tool to further their own personal agendas or are using such legislation as a pretext to further punish this specific class of offenders. The fact that the legislature has ignored these agencies recommendations to create a teired registry is even further proof they have personal agendas in mind and not public safety.

Well, I’m not sure what to say. I can recall getting a compliance check in OC on one occasion and asking the Detectives a clarification on the laws. They claimed not to know? I kind of believed them. I personally feel that those within the Senate have no clue on the implications of these laws! FIrst, we have those individuals in Charge/or working for the government stating that California needs to enact a tiered registration system, but yet no one supports it? Its clearly becoming a popularity contest. Now, we have the prisons and those in charge of parole stating that these housing or other requirements are doing more harm then good. Yet, we have someone who came up with this crazy idea. I’m an avid cyclist and its not uncommon for me to cycle down the river trail to the beach. Some of the paths require me to cycle through a park. Furthermore, I cycle along PCH and its not uncommon for me to stop and grab water or use the public restroom on the beach. The suggestion that these so called lawmakers want to ban individuals from parks/beaches ect is nuts! This is no different from what occurred in the civil rights movement. Yet, it continues in just another form. Initially, the laws changed and now peoples personal photo, address and a variety of other information is posted online. This is dangerous! It endangers the individual, their spouse and children! Yet, the lawmakers want to create more havoc! Maybe someone should realize that first time offenders are capable of being rehabilitated. These laws are creating hatred among the community. From a laymans perspective, I would believe that if a person is listed online or banned from a beach ect, they must be dangerous! Its terrible

Called my senators office let them know in a fact based and civil tone my feelings and how this will negatively impact my ability to parent and interact with my 10 year old son

You missed one major pressure point where the bill can be stopped and which would require convincing only one senator: Senate Speaker Kevin DeLeon. Unfortunately, I’m afraid he favors the bill.

But there are all kinds of reasons to stop this bill, they are not all about addressing the battle cry of “children.” So maybe one of the others can prevail with him, such as the impossible mess it would create across the state with no one knowing what the laws are anywhere. We are trying to move prisoners out of prison and to jails to reduce prison overcrowding – how are we to do that if we lock up registrants all over the state for offenses they had no idea they were committing? This is not an isolated issue, it affects other things too, such as the prison overcrowding issue.

The Speaker has the power to single-handedly block ANY bill from being passed. What he can do is have the bill sent to the Rules Committee that he chairs, and there he simply never schedules it for a hearing. And, the Senate cannot pull the bill from the committee for a vote on the floor, as it can from other committees chaired by other senators. So, the bill dies in the Rules Committee.

Last time I know of this being done was under then Senate Speaker David Roberti, who single handedly blocked an anti-rent control measure from being voted on despite overwhelming support of the bill among the senators. The bill was reintroduced over and over again for several years, and Roberti just kept blocking it every time – and still retained his speakership anyway.

I am going to add Constitutional violations to my letters, along with the expected cost of litigation and the high probability that if the law is signed, it will be immediately challenged in court. I’ll refer them to Proposition 83 and how much it cost to attempt to defend the law at the 9th Circuit, and how proximity and residence laws render far more punitive consequences on being registered.

Obviously, safety is an important consideration, but putting a cost on defending such a law may defer some.

Out of curiosity, why is the legislature suddenly worried about RC’s? I remember original email legislation proposals were nixed in committees. I suspect that John and Ken will be huge on this as well.

ONE MORE POINT: If this passes, what would prevent a city from COMPLETELY banning RC’s everywhere, for ANY reason?

Here is how the Justices feel about presence restrictions and why I am not so worried about SB 267

“The court says the terms of the residency restriction are ―potentially burdensome‖ but ―limited‖ because they ―do not regulate a registered sex offender‘s daily activities‖ and ―do not dictate where he or she may travel, visit, shop, eat, work, or play.‖

Quite obviously SB 267 DOES dictate where he or she may travel, visit, shop, eat, work, or play,

From everything I have read and heard I understand that the e-mail is the least effective form of communication to a legislator / politician. If memory serves a snail mail letter makes by far the largest impact. Probably a direct function of the effort involved.

And here people are looking at the real possibility of never setting foot on a county beach or taking their child to a park and writing a few letters is too much trouble? Good grief, it’s not even writing – just copy and paste, fold, seal and mail.

If that is indeed too burdensome – how about firing up the Google and finding the senators’ emails?

Does Janice have to do everything?

I have written a letter to each senator and also called.
I said:
” I officially oppose SB267 because it gives false security, there is no data to support the notion that RSO’s will re-offend in public places, due process for these folks unless on parole or probation they have paid there dues, RSO’s pay taxes and should be allowed in areas that all other citizens are allowed and it is a waste of time, effort and tax dollars. ”

I will have all members of my family write individual letters and call. Hopefully they will listen.

Go Janice Go !!!!!

Thank you everyone for all your help and support.

I have mailed my letters. I did add this line,”I also want to alert you that these local restrictions have been and can be used to harass or banish registered citizens from communities.

I sent my letters and added this as a footnote “As a native oitizen of the State of California I fail to understand why it is a Senate Bill such as this one would be allowed to become law when it is in direct opposition to the Constitution of the United States of American. A document that our elected official should support”.

Hope my letters help.

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