Senate Passes Tiered Registry Bill (SB 421)

The Senate today, in a vote of 24 to 10, passed the Tiered Registry Bill (SB 421).  Prior to the vote, the bill’s author — Sen. Scott Wiener — explained why a tiered registry is necessary.  His views were supported by Sen. Nancy Skinner, Chair of the Public Safety Committee, as well as co-author Sen. Joel Anderson. 

        During his presentation, Sen. Wiener describe the current registry as broken and outdated.  He added that the registry, which includes more than 100,000 people, is so large that it is useless. 

        Sen. Anderson subsequently stated that there are too many people on the registry today and as a result those who pose a current danger are camouflaged by those who don’t.  Sen. Skinner talked about the significant adverse impact that the registry has upon both registrants and members of their families.  She said that registrants often suffer from public humiliation, stigma, unemployment, homelessness and even vigilante violence. 

        Sen. Ben Allen praised Sen. Wiener for his courage as author of SB 421.  He added that the bill is necessary in order to fix the state’s registry that currently includes individuals who urinated in public decades ago.

        “Today we saw courage in action as senators on both sides of the aisle — Democrat and Republican — voted in support of a tiered registry,” stated ACSOL Executive Director Janice Bellucci.  “We thank the 24 senators who voted in support of SB 421 as well as the many co-sponsors of the bill, including Equality California, the CA Sex Offender Management Board and the victims rights group CalCASA.”

        In order to become law, SB 421 must be passed by the Assembly where it will be considered by the Public Safety and Appropriations Committees prior to a floor vote no later than September 15, 2017.  If the Assembly passes the bill, it must be signed by the Governor no later than October 15, 2017.

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I really hope califorina changes there registry laws the homeless population is so high and we all know 70% of them are registrants its sad cuz I see a lot of kids walking down the street going to school passing by homeless people standing on the corner with backpacks all the time how does the registry keep those people safe the only thing it does is apply punishment for life on people they don’t want to admit it but we all know it’s true its lifetime probation… as we speak every registrant is being investigated by a detective and if not now your name will come up on the list and you will be and what everybody fails to realize is that SB 421 is designed to find level 3 or multiple offenders or people who have done some horiffic crimes thats who there trying to weed out because those people don’t care about the registry they don’t care about jail they just are what they are I truly feel everybody has to be held accountable for their actions but everybody’s crime is different and to treat everyone the same is crazy I hope this bill will separate the high-risk offenders from low-risk offenders that’s it plain and simple and if you’re a high risk offender or have hert a child especially the ones that have done it multiple times I don’t care what happens to you and may GOD have mercy on your soul

For those of you that are being selfish and believe the registry list should be all or none, remember that even if some of your current advocates will not have to register, don’t think you will have less supporters. As this and other group’s readership expands, new supporters will continue to be added. Most likely as new reforms are won, the number of advocates will continue to increase. Always remember that no matter what, they are always looking for new members of the “Price Club”, which will only attract more participation for reform.

Just read the text for AB-558. I could not find any information that included a 314. Would a misdemeanor 314 still be excluded?

@Janice Bellucci

I see a lot of good info being exchanged regarding 288 convictions. But there is a huge group of JUVENILE offenders whom were TRIED as ADULTS for 261 (rape) offenses, which in my opinion 99% of them should not be forced to register or should have ever been convicted of this specific charge. One may assume if the juvenile was tried as an adult that his circumstances must have been very serious. That assumption is entirely wrong… the juvenile system refers ALL serious felonies to ADULT court. Essentially anything more serious than a fist fight at school or stealing a bicycle is being referred to adult court. Prison use to be filled with grown men but now is filled with children due to these tough on juvenile laws. The reason so many of us have 261 offenses is because any sex with another teen our age is by law rape (261). For some reason statutory rape does not apply to juvenile boys. So we all get charged with a 261. Does anyone know what tier 261(a)(3) rape by force of intoxication (alcohol) is? Does anyone know if JUVENILES tried as ADULTS will get the more minimal 5 year and 10 year relief from registry that juveniles are suppose to get? I’m unclear whom the term “Adjudicated as a Juvenile” is referring to?

I just found out about this bill this morning and my stomach was immediately upset and my mind raced uncontrollably. As a prospective tier 1, I kind of feel like this is too much to hope for, while at the same time, praying with my entire being that this bill will end up being signed into law. My emotions are all over the place. I’m sweating. Never in the past 15 years have I ever let myself have a glimmer of hope that something like this would occur. Now, I don’t really know how to handle it. I feel like crying.

hooks I for one will never quit until the registry is completely reformed to those who the government can prove with clear and convincing evidence standards that a person is a credible threat to public safety. That’s my threshold. Even those people should not be subject to the public notification scheme just as they just released aso called SVP up here in a small community nesr Sacramento people are putting up big red signs news crews all over it and just mass hysteria over it. he was released from the mental prison build what’s the dude have to lose if he reoffends? nothing he will never have anything’s that resembles a normal life and all the harassment and humiliation is going to make the guy lash out. at it would me..

Sorry to hear that Brandon. One thing at a time. I would imagine that conviction is a level 3!

Drew, are your convictions Felonies or misdemeanors? If the 243.4 (a) is a felony, Tier 2. If a misdemeanor, Tier 3. Get these reduced to misdemeanors or expunged stat!

So the way the bill is written anybody that has been arrested for failure to register has a three-year enhancement if it was a felony and a one year enhancement if it was a misdemeanor after completing the minimum registration requirement of 20 or 10 years 20 years for tier 2 and 10 years for Tier 1 if im reading it right ???

Brandon, I have no idea what your talking about. You shouldn’t ask for assistance. You sound very defensive and clearly Narcistic/your the victim! Sorry to hear that. Don’t read between the lines

We all know that the sex offense registry is a cruel and highly unusual departure from the justice system of this country. It has never met the standard of a 51/50 hold ( being restricted against your will if you are deemed a threat to yourself or others) because that requires frequent reassessments.
So assuming this bill passes and becomes law, which I believe will happen, I am somewhat troubled by the petitioning process- not because I don’t think there should be one, but because of the amendments that have been added after the safety committee hearing.

According to the current bill, a DA can oppose your relief from registration if community safety would be enhanced based on among other things, “relevant noncriminal behavior BEFORE and after conviction for the registerable offense” .

What noncriminal behavior would they be referring to? If you have a history of defiance and activism against the government? You skipped class in grammar school? I mean, seriously, why would anyone’s private, noncriminal pre conviction past be relevant for further monitoring?

When determining a persons sentence in a current criminal matter, a judge considers 2 primary factors:
1. the conduct associated with the offense (the offense conduct, which produces the offense level) and,
2. the defendant’s criminal history

By adding this text a week ago: “Any judicial determination made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is reliable, material, and relevant” , they are in effect reassessing you at your expense, and if denied relief you will be re-sentenced. Very clever of them. Because it IS a reassessment, no one should have to pay out of pocket for an attorney or to file a petition.

I do have to agree with you guys regarding neighbors. I’ve went through home construction and had neighbors calling the city and complaints, gossiping around the neighborhood and pounding on my door etc. (jealousy/I’m not on the website). I would assume any complaints etc would need to be validated etc.

I do have one VERY important question. I’ve not heard anything regarding this. Where would you file this? Original City of offense? County where you reside? Just curious

Question: Which DA’s office will take the application to be removed from the registry? Where I live or where I was convicted? If there is a distance between each how could the faraway place know my history and any incidents that would influence the release?

If that’s true about the enhancement then that’s bull$h!t.
Someone that fails to register will be locked up, and they will do everything they can to send them away for years in prison. Then they’ll have probation/parole all over again not to mention the second charge they get stuck with and whatever fines they’ll have to pay.
That enhancement would be a second punishment for the already extreme debt to society that was paid.

Correct nondescript!

I had my PC 243.4 (a) reduced to a misdemeanor and expunged (wobbler). A Felony will be Tier 2 and Misdeneanor Tier 1. I’m simply implying that if you have a Felony capable of being reduced to a misdemeanor, do it now! The Public Defender can process this!

I hate to be one of the guys asking about my tier but I guess I am that guy… 311.11a felony? The

Only ACSOL can answer all these questions no one realy knows we just gota let it all play out it is what it is only time can tell you can only go up from here lifes a bitch then you die stressing over things you have no control over is stupid so just be happy and live life to the fullest and look on the bright side it could be worse you could all be in jail wit no hope at all

I would recommend anyone interested in SB 421 to go online and thoroughly read it. When reading it there will be a lot of sections of law and penal codes in which you may also have to google. I have been following this from the beginning as well as following the comments. Some of the people leaving comments are helpful but others such as USA are spreading misinformation throughout this comment section. Most all questions we have are in SB 421 if you take the time to thoroughly read it.

So, am I reading this correctly that if they’re a tier 2, part of the bill is that their address will no longer be posted on the Megan’s Law site, just the city and zip?

My husband is due to be released before the end of the year after 13 years in prison, and he’ll be tier 2 I’m sure, but should have a very low score on the risk assessment. This tiered registry gives me hope considering I’ve spent the last 13 years watching the media frenzies and the witch hunts, trying not to freak out. My community is in the desert and we have quite a few RSOs out here because things are spaced out not to mention cheaper, but there have been the occasional instances of vigilante justice and I will feel a lot better knowing our address won’t be publicly available.