CA Action Alert: Support SB 421 – Call Assy Approp. Committee

The CA Assembly Appropriations Committee will be hearing the Tiered Registry billSenate Bill 421–on August 23.

For many reasons, ACSOL is not planning on attending this hearing and we do not recommend you attend either.

However, all registrants and supporters should call ALL the Assembly Appropriations Committee members at their Sacramento office. Here is a link to the members and their phone numbers:

http://apro.assembly.ca.gov/membersstaff

The deadline for calling is August 22, the day before the hearing.

Tell the staff person that you know the Assembly Member will hear the bill in the Appropriations Committee so you want to comment on Senate Bill 421. Say that you support it, and that you would like the Assembly Member to support it. Even if he or she is not your Assembly  Member, mentioning the committee hearing lets them know that this is a situation where your comments have value to them as a committee member.

Please join us and invest a few minutes in working toward our freedom!

 

 

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This is my frustrated rant that I just need to get down on the page and out there. It’s not directed at anyone here.

This bill was originally sold as most people would fall into tier 1. Tier 2 was going have people who had enhancement for priors and violence. And tier 3 was going to have all the actually dangerous people with multiple offences and very severe crimes (I’m aware of the previous and still current prevision of the damn Static-99 solely placing people into tier 3 as well).

Now seemingly the only people in tier 1 will be those with a single misdemeanor 647.6a and misdemeanor 311.11. Everything else looks like it was shuffled off into tier 2 or even tier 3.

How is my non-contact crime of 311.4 (I upskirted a minor) and 647.6a misdemeanor, for which I was given standard probation, weekends to do my time, received very positive evaluations from psychiatrists, and low re-offence scores on all but the BS Static-99 (I got a 4), place me into the same tier as the person who actually raped multiple children and created and distributed CP?

I own what I did. I had over 4 years of out-of-pocket counseling and am continuing with the program on a volunteer bases and not for a moment denied what I did or try and pass it off as no big deal while all the while seeing numerous people in the program who somehow got away without having to register despite the fact that they actually physically molested their victims, even sleeping with them in some cases. Hell, I’ve even seen people continue to deny that what they did wasn’t a big deal all the way through the program. But I’m the one that’s now being thrown in the lions den?

These amendments are just ludicrous and seemingly don’t take into account anything other than your penal codes.

I’m curious how many law suits this bill will bring should it go through as is by people in the same situation as me? I hope its a lot. And I hope all those law suits are brought up in the 3 year window this bill is giving to hopefully make positive changes before it goes into effect.

I apologize for the rant. I’m not in a good place. The last 24 hours or so have been immensely stressful.

I’m more than just a little concerned…when ACSOL says they aren’t attending and recommend we do the same without saying why, to me that’s huge flashing yellow light saying danger…am I the only one seeing that?

I just received a response from the analyst of SB 421, this is what he said:

“My apologies, you are correct, the automatic termination provision for pre-1987 offenses was, in fact, deleted from the August 21, 2017, version of the bill.

I have revised my analysis on the Web.

Thank you,
Pedro Reyes

Hi AlexO,

Just wanted to say hang in there. I’ve appreciated your posts – good, bad, or indifferent – doesn’t really matter. You’ve helped a lot of people on this forum. You’ve consistently helped to explain what most of us have had a hard time understanding with all of these changes in the bill and current law. What resounds most in your posts is the very essence of what all of us who have to register experience. The constant roller coaster ride of ups and downs, periods of hope, and then periods of utter devastation. Not to mention the yearly reminder every time we have to update. The thought of all of this is very unsettling to say the least. Don’t give up. None of us know what this will all pan out to actually be. We all have unique circumstances that may make our personal situations better or worse. If I could buy you a drink (or two) I would. Hang in there.

If I have a felony 311.11a that was in 2011, would that still make me tier 1? I thought only those 311 charges AFTER 2014 are NOT eligible to be in tier 1.

If I read correctly, I would fall under tier 1 if I was convicted of misdemeanor 243.4 (e)(1) sexual battery(subdivision (c). This is not the sexual battery with restraint. Can someone confirm.

(1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7.

2021? here’s a thought, why do we need to wait an additional 4 years to pass?? why wouldn’t it be made to law in 2018? if individuals have passed the 10 years *or* 20 years than petition to get off registration the beginning of 2018, its been 70 loooooong years *enough* already

Hey all, it looks like Sb 421 will be heard today about 30 bills in. I will try to update the status once it gets closer.

I’m watching the hearing and so far they are taking public feedback on all the Bills they have considered so far. A large number of people are giving opinions on the Bills so far.

There are not enough members present currently to vote on any of these bills? I guess 6 figures salary is not enough to do their job.

Enough assembly members have shown up.

Is anyone actually at the meeting today?

I am listening to the hearing right now. They are, indeed, hearing from Bill’s supporters and opponents. (However, this portion of the hearing seems to be addressing only Bills remaining or being placed in “suspense”.)

SB 421- Has been moved to the suspense file.

I have a 289A “in concert”. I went to a party with my girlfriend when I was 18. My friend called me upstairs and there was a drunk naked adult woman on the floor playing with herself while about 10 people (men and women) watched. She was an adult. I didn’t have sex or participate, but I was on video in the room laughing because it was a spectacle. Anyway, I didn’t have money for an attorney and just took a plea deal because they said I would just have to register once and be done with it. I am now 55, so 37 years later. I am not really sure where I fall into this classification. Where I live now they call me a “Level 0” because my convicted crime doesn’t fall into a sex crime in the state I live in.

Anyway, I don’t know what a 207 or 187 section is or what that means in the above. I just know I didn’t have sex with anyone and if my friend didn’t tell me there was something upstairs I had to see I would never have become a SO.

SB 421 still has a chance.

We have seen bills released from suspense very recently.

Lets not give up hope.

Maybe Janice can chime in on this?

Here, kids. Let’s edge-a-kate ourselves….
http://sapro.senate.ca.gov/sites/sapro.senate.ca.gov/files/committeerules2013-14.doc

opening paragraph:
The committee, by a majority of the members present and voting, shall refer to the Suspense File all bills that would have a fiscal impact in any single fiscal year from the General Fund (including general obligation bond funds) or from private funds of $50,000 or more.

Note the word, “shall.”

Let’s not lose our collective minds just yet…we can always do that tomorrow.

Well, I don’t think anyone should be surprised that this version of the bill is all but dead right now. These last set of amendments completely sent it off the rails from its intent.

I obviously do not have any actual facts to back up my following statement, but simple logic would state the following would actually increase the work load and cost for the system.

– Removing the provision to automatically drop tens of thousands with convictions prior to 1987 is a huge cost increase. Without the auto drop, that means that potentially that many people would clog up the courts with petitions harder than Cousin It’s bathtub drain. Add several thousands more that would also qualify under tier 1 and tier 2, and it’s just unworkable (the courts as they are can’t handle the load).

– Moving so many more people into tier 2 and tier 3 who were previously tier 1 and tier 2 means long term costs and work would not be reduced by nearly the amount previously envisioned.

– And with combination of not dropping people automatically with old convictions, nor allowing auto drops with people who’ve reach their term threshold, and (I’m assuming) with no official notification to all of RC’s that these new options are available, the registry would remain largely unchanged in size and continue to grow.

Whether on purpose or through hubris, the legislation has greatly failed everyone. And no, victim rights advocates, this was in no way a win for you. This just means that hundreds of thousands of people, including children, will continue to be very negatively impacted by the registry when their families continue having issues finding stable housing and employment.

Hopefully this ship can be corrected. Or maybe let it sink to the bottom and start building a new one.

From: http://assembly.ca.gov/legislativedeadlines

September Deadlines
Sept. 1 Last day for fiscal committees to meet and report bills to the Floor (J.R. 61(a)(12)).
Sept. 4 Labor Day.
Sept. 5-15 Floor session only. No committee may meet for any purpose (J.R. 61(a)(13)).
Sept. 8 Last day to amend on the Floor (J.R. 61(a)(14)).
Sept. 15 Last day for any bill to be passed (J.R. 61(a)(15)). Interim Recess begins on adjournment (J.R. 51(a)(4))

The appropriations committee still has a Aug. 30 meeting.

They could take 421 out of suspense then, right?

All their petty amendments made the Bill unworkable and, apparently, incalculable.

After today’s news, is it ironic that the emotional support meeting is scheduled for 8/26?

If I am seeing this right, the committee only gets together once a week, every Wednesday, at least according to their calendar on the website. That means in order for assembly to hear it, it would have to be released and approved asap. How soon does the assembly hear a bill once the committee has passed it?

Hi all –
No our bill is not dead. Really.
This is what happened today – As others have already noted, in the assembly appropriations committee every bill with a fiscal impact to California’s budget over a certain amount of money was AUTOMATICALLY moved to the suspense file. Today’s committee meeting WAS NOT a pass or do not pass vote on any fiscal impact bills. ALL the fiscal impact bills in the suspense file will be voted pass/do not pass FOR THE FIRST TIME by the assembly appropriations committee on September 1st.
This process is unique to the assembly; it is distinctly different than in the senate appropriations committee.
Even though our bill was not voted on today, showing our support with phone calls and letters was still vital. We must take EVERY SINGLE opportunity to let our representatives and the committee members know that we are watching and that we (the public) support this bill.

It’s not over till the large rotund lady sings, right?