SB 421 Update

The Appropriations Committee placed SB 421 in its Suspense File. The bill must be released from that file before it can be considered on the floor of the Assembly. The deadline for floor consideration is Sept. 15. If the bill does not get released from the Suspense File in time for consideration on the Assembly floor, it is dead.

— Janice Bellucci

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I think they’re doing this to stop the bill from passing and becoming law, but why are they really doing this?

It is not the best news, but it is not over.

I’m concerned that all of the amendments to SB421 make it unreadable, incomprehensible, and, ultimately, unworkable.
(I pray the Pennsylvania decision’s impact will snowball and finally crush all SO Registries.)

Sex offender registration is a life sentence in California.

I am too old to see any changes in the CA Registry. It is best to pool our monitory and talent resources and go for the neck and cut the registry at the national level. Dig out the root and no more chopping of the limbs.

Elected people and law enforcement have created the conditions we have now. Expecting these same people to A) correct their own mistakes, and B) put their careers on the line for people like us, is simply not realistic. Section 290 of the Penal Code is bad law. And it has gown to be a worse law. Fixing a bad law with another bad law is not the answer. Has anybody noticed that every single time 290 laws get amended, it gets worse for us? Every single time there is a “Name Law” it gets worse for us. Janice has done an amazing thing here by getting law makers to even listen to her. I respect and appreciate those efforts. But I think the logic is flawed. The only way we have a reasonable chance at fixing or removing bad law is through the judiciary branch; not the legislative branch. And by the way, that’s the way our government is designed to work, right? The judiciary keeps the legislative branch in check. I DO understand that taking cases to “Big-Boy-Court” can backfire; we could lose; or we could wind up with another “frightening and high” situation. It can take years; and it’s expensive. I get it. But I think it’s a much better way to go. We can present arguments. They can vote for or against us in court. But there is a lot less chaos in the judicial side.

Janice, I think a lot of are wondering what you think of these latest developments.

What’s your analysis of the latest version of SB 421?

Is the fact that the bill is in the suspense file an expected development?

Pamela said the assembly appropriations committee will consider the suspense bills on or by sept. 1, and that the bill is by no means dead. Is she right?

I’m never geting my hopes up agen

Nearly every single bill from the 08/23 Assembly Appropriations Committee hearing went to the “Suspense File”. Apparently if ANY legislation will cost the state MORE THEN $150,000 to implement (its the committee’s “barometer” amount!), it AUTOMATICALLY goes to the “Suspense” file. The “analysis” of this bill from the Assembly Appropriations Committee is about the same as the SENATE’S Appropriations Committee (it went to Suspense File there also-because of the state budget!). I think getting this bill PASSED is infinitely more important then the “Prop. 57” regulations changes, so “stalking” the Assembly Appropriations Committee is important, and then your individual Assemblymember is vital. If it does not pass both chambers BY 09/15/17, THEN it is truly dead!

Unfortunately, this was inevitable. Tiered bills come up every few years; everyone gets their hopes up; and then lawmakers get soft and quash the whole thing. This is precisely why I moved to a state with automatic termination after 10 years (I’m now free of the ridiculousness of the registry).

Until SCOTUS realizes that lawmakers took their Doe decision, and used it as a blank check to write all kinds of asinine, irrational laws, this will live on.

God speed my friends.

They tampered with too much. One of the last minute additions was that it wouldn’t do a thing until 2021, giving them 4 years to mess with it more or even to repeal it. For some of us who would be Tier 1 and have already done 10 years on the registry, that means another four years before we even have a chance of getting off of it, which would still be doubtful. It was also changed so much, it was even harder to understand…it wend from being a barely acceptable bill to a near worthless one.

Instinctuallly, as this latest chapter has played out, I’ve been looking for explanations….ie the cryptic ‘call but dont attend the hearing’ request (which my partner whose been a registrant 31 years now amd myself both did the calls), the last minute monday morning “amendments”that all but gutted the bill and destroyed again our hopes, the apparently not unusual path of suspense file/subsequant considerations and ultimate deadlines to anticipate, etc. But except for this kwik jingle from janice its been eardrum breaking….silence from above. But wait, Janice has a life too, as does Chance, they could be ill, or have a relative ill, they could be buried up to their ears in behind the scenes maneuvering…etc. Unfortunately my instinct is not informed.
But my intuition tells me we’re barking up the wrong tree here folks, and need to focus our resources on the courts…and cutting out the cancer instead of all this radiation and chemo which has some success and so keeps us alive, sans any healthy qualitatative life experiences. While lifes still worth living dressed in a robe and slippers, with hair falling out and a lot of toilet contributions from both ends daily, the prospects are ever dim. My partners female, an lgbt member, and the sweetest thing youd ever hope to meet. She doesnt mind being outed, her case is a wobbler nc plea from 1986, take her case to the courts via expostfacto, or whatever, sorna and the whole gig are punitive, illegal, and dont work anyhoo! Find the best case amongst us! something!! And lets GO!

The “01/01/2021 “Sunset” date of SB 421 is stated for this bill’s provisions to EXPIRE, not BECOME EFFECTIVE. WHERE in the bill would the date of 01/01/2021 be found as an “effective” date, if the bill gets passed, signed, and goes INTO EFFECT on 01/01/2018? It’s all bullshit in any case! What is the point of having a bill to allow for registrants to GET OFF an over-burdened registry if it will take THREE DAMNED YEARS to get off of it? Where is the sanity?

Well it’s no good to me, since everybody’s still on the website, and it gets repealed in 2021? I’m sorry but honestly this bill sounds like a joke. Hope they kill it.

@ Aesthetically yours, and then in 2021 it’s just going to to back to exactly the way it is now. There’s not really much point to passing this in its current form even though it would theoretically allow some people to try to get off of it. But not much on the whole. I mean it certainly isn’t going to drastically reduce the number of people on the registry, so it still won’t really work. People just wont use it. Oh well.

Janice, honestly what is going on in this bill? I read section (d) This section shall remain in effect only until January 1, 2021, and as of that date is repealed.

Then I read at the end of it (g) This section shall become operative on January 1, 2021. So what is this? Is it repealed in 2021 or not?

Very intriguing. The ruling in Pennsylvania certainly sheds light on all of us! When I plead 20-21 years ago, you went down to the police station and registered. No websites etc existed. Yet, the laws continued to change and I might have changed my plea, had I known the laws existed as they do today.
This would be interesting. I plead to a now expunged battery 20 years ago/informal probation. It’s time to move on! It’s ancient history

What state are you in that caps at 10 years?

I actually thought this bill had a chance of passing but as it currently is written it needs to be put in the trash along with the so called brave, heroic, representatives that allowed all the changes! For it not to be enacted until 2021 is ridiculous! What a bunch of cowards they all turned out to be.

Hello, what was wondering is while we’re fighting for and waiting for the tiered registry law goes through why don’t we all unite and find all gov. Studies that prove recidivism is the lowest plus prove that this registry law is cruel and unusual punishment then they have to take it down, if we all do this we can get this done, this info is out there and let’s unite and fix this.

Well my plan B seems to be more necessary now. Though I kinda prefer it to this amended Bill. My idea is that with all the courts recognizing the SOR as punitive, isn’t 290’s application of lifetime punishment a violation of constitutional rights, especially as to misdemeanants? I can’t imagine any court now sayuing that its ok to have a lifetime punitive measure for a misdemeanor. I think this is the end for 290 in its current form, one way or another.

22 years of this 290

I’ve done my time for a non-violent, non-contact crime. I’ve lost my job a long time ago as a result and have become unhireable.

I’ve done my time and have gone through the stupid ankle monitors, lie detector tests, ridiculous fines, and probation that seems worse than jail.

After all that shit, they still own me for the rest of my life. I live in fear everyday.

There will always be these self-righteous, corrupt assholes in Sacramento who will never give us a chance and would rather throw us all in a hole to die.

And they say California is a liberal and progressive state?

So as of this morning (8-25-17) the California Assembly Appropriations Committee website is showing SB421 to be having a hearing on 9-1-17 so maybe it hasn’t completely been shelved, even if it passes though the way it is currently written it will take 3 years to become law – hopefully the plan is to change this once it is passed, maybe next year they can rewrite the 2021 part.

Just read through the new amendments a few times to see what effects me. (Federal conviction for possession of CP in 2003, crime discovered in 2001). Some might be in the same boat. I am not currently nor have I ever been on the Megan’s Law website.

As it pertains to 290, the state of California treats federal convictions like out of state convictions by comparing the elements of the crime to California statutes and applying PC290 as if the person had been convicted of the California statute. The new amendments make 311.11 (California’s CP possession law) a tier 2 instead of a tier 1, but only if it was a felony. PC311.11 was a misdemeanor in 2001, (but still required registration since the late 90’s) so from what I read it looks like a misdemeanor conviction for 311.11 will still be tier one (may apply for removal from the registry after 10 years) and also will not go on the internet. The one wildcard is whether my federal sentence required “Registration for life.” or if it said something like “Register persistent to the laws of the jurisdiction you reside.” I can’t recall. I am trying to locate my original judgement now. It never occurred to me at the time (that applies to a great many things) since I assumed I would never have an opportunity to be released from my registration requirements.