On the floor of the Senate yesterday, the Senate passed the Tiered Registry Bill (SB 421). It was a miracle! It was the first time, after three unsuccessful attempts, that a legislative body approved a tiered registry bill. The miracle maker is the bill’s author, Senator Scott Wiener, who assumed authorship of the bill after its original author withdrew.
It is Senator Wiener who saw and spoke the truth about the registry….how it is broken and bloated….so bloated that is has become useless. It is Senator Wiener who gathered the support of 27 senators, from both the Democratic and Republican parties, to stop 70 years of punishment…that everyone convicted of a sex offense in California must register for a lifetime.
During the debate of the bill on the Senate floor, Senator Wiener was praised for his courage by his colleagues, including Senator Nancy Skinner. Senator Skinner first bravely identified herself as a victim of sexual abuse. She then acknowledged that the registry has created many more victims in the form of registrants and family members who have suffered and continue to suffer from public humiliation, unemployment, homelessness and vigilante violence.
We owe a huge debt of gratitude to Senator Wiener and the 26 additional senators who voted in support of the tiered registry bill. They include Senator President Kevin De Leon who did not vote on many bills that day but who demonstrated leadership by voting in favor of SB 421.
We also owe a debt of gratitude to the many co-sponsors of the tiered registry bill, including Equality California, the CA Sex Offender Management Board and CalCASA, a victims’ rights organization. Without their support, this bill would not have passed.
There is another group of co-sponsors to whom we are also grateful, but who we continue to view with caution. That group includes district attorneys and law enforcement officials who have made certain that their interests are reflected in the original bill and its amendments. There is an uneasy truce between us as we each struggle to maximize the benefits of the bill for our constituencies.
Although we recognize that there is much yet to be done before the Tiered Registry Bill becomes law, we celebrate today its passage in the Senate. For we know without that vital step, the bill would have been stopped.
Today we celebrate knowing that our efforts during the past five years have paid off, that we have been heard. We therefore look forward to the next steps of the legislative process with renewed vigor and dedication as we prepare to Show Up – Stand Up – Speak Up.
This is great news for all of us. One huge step in the right direction. My gratitude to you Janice and your team. Let’s keep this going!
This really is a great victory. We still have more work to do in the Assembly, but breaking through on a floor vote is very important. Getting four Republican votes was quite surprising and I think it suggests an easier time in the Assembly.
I have one concern about the bill as amended. It requires sending a copy of the motion to the DA in the county where the original crime occurred. We have always argued that registration is thinly disguised as additional punishment while our opponents have argued that it is only a public safety tool. How is notifying the DA in the original county useful unless they want to weigh in on the sufficiency of punishment? If registration is really a tool of public safety, what is important is the current circumstance of the registrant and not the circumstances of the original crime.
That said, the bill is a big step forward and I’m glad it passed the Senate.
I am thankful for all the hard work from ACSOL. Curious to know who was in opposition. Got to work on that.
VERY well said MS Janice B ,YOUR HARD WORK ALSO WAS AN IS PART OF THIS LAND MARK STEP FOR 290 REGISTRANTS, I PERSONALLY MET U 7 YEARS AGO AT A MEETING IN LA AT ACLU , NOTICED YOU HAVE SO MUCH PASSION AND FIGHT .CONTINUE THE GOOD FIGHT ,, THANXX FOR ALL
NEVER NEVER GIVE UP!!!
NEXT STEP = REMOVE THE REGISTRY TOTALLY!!
Thank you everyone for helping get the bill this far! And thank you Janice for spending so much time trying to make our lives better!
Very well said, Janice. And thank you for all you and your people are doing for all of us. It is refreshing to see something that resembles progress after so long. I share the same concern you mentioned. There is still a long way to go, and there can be amendments that could turn what appears to be a good thing into very bad law. I am hopeful that people will do the right thing here. But I also understand reality, and I expect to be disappointed. Thank you again!
Congratulations to us and thank you SO much Janice and the team!!!!!!!!!
My only concern now is….Dropping off the registry should be automatic!
⛤⛤⛤ And an enormous and eternal “Thank You!” to you, Janice!!! This would not have been even remotely possible without your tireless efforts, lawsuits, and lobbying on behalf of all Registered Citizens! ⛤⛤⛤
Thanks to you and the others for your efforts. I agree it is an uneasy truce between us and law enforcement and DAs – but, without that “partnership,” this bill would not have seen the light of day. It is not often that one can look down a list of supporters of a bill and see the ACLU, ACSOL, etc., listed right along with police and prosecutors.
I suspect that the decisions on who to oppose for removal from the registry will really be made by police (via input to the DA). I suspect that most eligible will be removed without objection from the DA (which requires staff-hours to research and oppose in court). I suspect that they will only oppose those who they think are most objectionable to them.
Thank you Janice and team for everything you have done for us. Without the advocacy of ACSOL we would not have had any input on this bill and it likely would not have passed the committees.
No one could of said it better Janice, all choice words THANK YOU and I already sent Senator Wiener a Happy Pride Month Thank You Card. When the Governor signs (not if), post Assembly, The Castro will have a party for all those that have endured and for those (including RC’s that are not GLBTQQ) GLBTPIA and lost (taken their own lives with fear and not seeing any light at the end of a long and narrow tunnel) lives over 290 for minor offenses with no person contact or consensual at of age. Lives may just be saved! A Great Start 2018
Thank you Janice for your tireless efforts. You have no idea the amount of suffering and pain your efforts will mitigate, the amount of opportunity and hope you are creating.
Janice,
The DA here in Santa Clara county, stopped my application for a certificate of rehabilitation cold, wouldn’t even let it go in front of the judge. The case was a 288(a) from 1988.
We envisioned that the pendulum will at some point start going the other direction. Over the next few years to a decade (must likely sooner), we’ll see a complete dismantling of registration laws. This is a fine example of the pendulum definitely going the other direction, after all these years. It is no longer neutral. This time, we have the support of some very important and influential people who understand what must be done to improve public safety. This is awesome.
Question:
If this bill does pass and becomes law, we won’t be able to PETITION to be taken of the registry,
until July 2019?
I hear BWat. I bet the DA where I was convicted will do everything they can to thwart any of my attempts at relief after the battle I put up during trial. making judges recuse themselves and attempting a fire my public pretenders several times as well as file suit against the DA personally. ya they aren’t going to be to thrilled if I have to come up before them again. oh and plus the fact i forced them to resentence me because the DA falsely claimed my offense was considered a violent felony when it wasn’t..ya they really liked me..
How Does the California Governor’s Veto Process Work
Overview
The governor’s veto process is part of the system of checks and balances instituted in the U.S. government and reflected at the state level: governors have the authority to veto bills passed by the legislature. The threat of veto has a powerful influence on legislation, although recent California governors have only vetoed about 7 percent of bills passed by the legislature.
Legislative Veto
The choice to veto a bill after passage by the California legislature is at the governor’s sole discretion. If the governor decides to veto a bill, it returns to the legislature. The legislature may then attempt to override the veto; this requires a two-thirds vote in both houses, and is very difficult to obtain. Since 1946, just seven veto overrides have been successful. An important element of California gubernatorial override authority is the ability to veto the budget, as passed by the legislature. California governors have line-item veto authority, meaning they can veto portions of a bill or budget without vetoing the entire thing. In addition, the governor has the authority to reduce or completely eliminate items in a budget or bill — but cannot raise budget items.
Exemptions
In California, as in many other states, several types of items are exempt from the governor’s veto. This means that gubernatorial approval is not necessary for legislation passed by the houses; the governor has no veto power in these instances. The California governor does not have the authority to veto proposed amendments to the California or U.S. Constitutions. Also exempt are initiative measures, referendum measures, concurrent resolutions — which do not have the force of law — and joint or individual Senate or House resolutions.
Deadline
To keep the legislative process moving, the State of California has imposed a strict deadline on the governor’s veto authority. When the legislature is in session, the governor has 12 days — from the date the bill is passed to the governor’s office — to choose to sign or to veto legislation. The governor has until the subsequent working day to sign or veto if the 12th day is a Sunday or holiday. If the 12th day occurs when the legislature is adjourned — adjournment is usually on August 31 — the governor has until September 30 to act. If the governor fails to act within the stated time frame, the bill automatically becomes law.
JUST WANTED TO POST MY EARLIER COMMENT, SO WE CAN BE PREPARED WHEN IT GETS TO THAT LEVEL!!!!! FOR EDUCATION TO MY FELLOW REGISTERED CITIZENS!!
KNOWLEDGE IS POWER!!!!!!!
What impact will this have on the status of AB 558, if any?
I just want to say thank you to Janice and her legal team. You folks keep us registrants on course and create a winning strategy. We are in the thick of it and for me emotions can run wild. Many blessings be upon you.
Janice and all at ACSOL: YOU are a miracle; you are our miracle. Thank you for ALL of your hard work!
And Ill bet about 85% of people on the registry cant afford the $3000+ dollars for a attorney and all the paperwork and psych eval to be able to “get off” the registry !!!
How many on the registry can barely afford to live here ? little own had a Public Pretender for a attorney ?
Lets see I get SSID, Can barely afford GAS and REGISTRATION for my car and insurance, little own paying THOUSANDS of $ for a atty, paperwork etc… all to get off the reg !!
Great job, but don’t let your guard down and we must keep going with the fight.