Today the Assembly passed the Tiered Registry Bill (SB 384) by a vote of 42 to 22. A minimum of 41 votes was required for the bill to pass. Due to the Assembly’s passage, the final legislative step for the bill is concurrence by the Senate which is expected later today.
During the Assembly’s consideration of the bill, only three members spoke: two in favor and one in opposition. Speaking in favor of the bill were members Evan Low, who presented the bill, and Lorena Gonzalez-Fletcher who stated that “this bill will help protect children” and “allow law enforcement to focus on those who are really dangerous”. She repeated a prior statement that any convicted of an offense involving a child would be assigned to Tier 3, which requires lifetime registration.
Member Melissa Melendez was the sole person to speak in opposition to the bill. She said that while she agrees with the contents of Tier 1 and Tier 3, she disagrees with the contents of Tier 2. She also stated that she agrees that there are too many low level registrants on the tiered registry bill today.
———– UPDATE 9/16, 6 a.m. —————–
The Senate concurred with the bill today about 1 am. Although the bill has passed it will not take effect until January 2021. Until then current law prevails. – Janice Bellucci
Related
http://kron4.com/2017/09/15/video-california-state-assembly-passes-bill-for-removing-low-level-sex-offenders-from-lifetime-registry/comment-page-1/#comment-119141
Can anyone venture a guess as to how the passage of this bill might complicate any Registry-related lawsuits during the three years before the tiers go into effect?
Here’s how to fight this:
1. Make any assembly person and senator who voted to pass it look horrible. Use any and all arguments possible to make them regret voting yes.
2. Even before the governor signs this make sure to put public pressure on him to not make it law. Force him to realize how
politically unpopular he will be if he signs this.
3. Flood the Senate and legislature in California with proposals that amend current law in contradictory ways to this legislation. For example take any offense mentioned in the recently passed bill and change the penal code for that offense. Completely invalidate a penal code by introducing a new and clearer one as a replacement or better yet multiple new codes. Suddenly offenses in the recently passed bill are no longer codified the same way and the bill becomes more and more useless.
4. Introduce other legislation that directly amends the bill before it takes effect.
5. Challenge the current lifetime requirement in California in court on all possible grounds.
6. Amend and erode federal laws and make California law so inconsistent with them that federal law has to apply
7. Litigate through federal court to make registration be deemed unconstitutional. If necessary litigate all the way to the United States Supreme Court and deal death blows to every aspect of all federal registration schemes currently on the books. Say for example the Megan’s Law website is no longer a thing.
8. After it becomes active present in court every conceivable challenge imaginable. Luckily the remainder of 2017, all of 2018, 2019, and 2020 are between now and then. So that leaves enough time to build the most damaging cases possible and bring them to court in one epic wave after another.
All of these should occur simultaneously.
I wonder how the 2021 implementation of this bill will deal with “664” (ATTEMPTED) 288(a)’s. If there WAS NO VICTIM, where exactly IS the threat? Does the SARATSO address this?
Great! But what is going to be done about the Static 99R (SARATSO score) trash that remains in this bill? The Minority Report style scam is locked in at time of release. Being put into tier 3 only because of the Static 99 does not seem constitutional, does it?? All because of 10 questions??
Let me warn everyone: When this bill takes effect, as it is written currently and if it is signed into law, our lives will become a living hell. The release of so much information of this kind would probably be unprecedented in the history of California. When it takes effect, it will receive MASSIVE media coverage, and people will flock to the Megan’s Law website to look for names in their communities. People in your social circle, real estate agents, schools, employers, your children’s friends, you name it, they will learn quickly about your status as it goes viral in the social media. You will be labelled a monster even if your crime was 25 years ago and you’ve led a perfect life, because the listing will provide zero context. Our children and spouses will be severly tarnished by association, as freaked out parents tell their children to stop playing with your kids. Third parties will scrape the data (even if doing so is illegal) and sell it to hundreds of other websites who will push it out to millions more. Newspapers and other publishers will inevitably receive this information, and because it is public they will publish lists to sell more papers and drive more traffic to their websites. Worse, search engines will see the enormous spike in traffic and give this their highest priority. They already do. It’s the first listing you’ll see above everything else you might have accomplished in your life. And once it’s out there, it’s out there. The toothpaste is permanently out of the tube. It will be a field day for vigilantes and oversees blackmailers.
We have three years to block this portion of the bill, otherwise, thousands of us will face ruinous, life-changing consequences.
so trying to wrap my head around this, like everyone else. 1995, 288(a) and (c) one conviction. Tier? And are you SURE?
There should be no doubt that as the current laws stand today all options to fight the registry have been exhausted– it should be celebrated that the passage of a new set of laws opens up the ball game to lawsuit after lawsuit for decades to come. You should be happy!!
L.A. Times headline reads: “Gov. Brown supports bill sent to him that would end lifetime listing of many sex offenders on public registry”.
I believe “many” really means “hardly any”.
everything is calculated and for a reason. Do you think going from 2019 to 2021 was an arbitrary number?? Think again who will no longer be in office or on their way out by this year. Jerry Brown must sign this bill–where does he stand? he is termed out, cant run for re-election, isn’t planning on a Presidential run! And what about the sponsors et. al. 2021 is a safe year for most! This is political. All these statements and amendments being made in congress are being made with the courts in mind as to intent–you dont think they dont anticipate a flood of lawsuits??
This is not rocket science you witness it and bitch and complain about it every day. The registry is on its way out–no doubt about it. unfortunately we are the ones who suffer through it, but it’s positive we have this. All case law now is up for reset and we have different data and different mind sets to fight with–so feel emboldened
I think for the people supporting this bill, law enforcement, the main goal is to reduce the number of people on the registry. And for the people opposing the bill the main goal was to punish all sex offenders forever, especially those who have victims who have already been told their abusers would be punished forever. So the way this shook out in the end was just slight of hand and politics. Lots of offenses got moved to tier 3 to mollify the opposition. However, for the supporters, since they were mainly concerned about number of individuals they strategically kept 288(a), probably the single most numerous offense on the registry, in tier 2 without explicitly stating it in the bill.
The biggest problem with the public registry is not the disseminated public information though that is big. Most all of us are forever on the internet news. My picture was shown & my address was reported in the article. The big issue is the post sentence punishment of You Can’t Go Here, You Can’t Go There!! You Can’t Do This & You Can’t Do That!! & The Hits Keep On Community my.
OK so for my situation, this new law requires that a judge consider “sucessful completion” of a CASOMB certified program. The treatment program I did was not CASOMB certified, but it was done in a university setting with a well qualified professor/psychologist. Before some of you thank and praise CASOMB: Think about how they’ve hurt many. CASOMB pushes junk science like the Static 99 and polygraph. And I don’t think it needs mention; but CASOMB’s second in command happens to own the largest CASOMB approved treatment program: Sharper Future. I “successfully completed” said treatment. Almost four years after discharging from supervision (and living free of any more legal problem), I see no need to try the infamous Sharper Future that I hear so many talk about. But if I’m made to do it, how much will it cost? All because of Ms. Tom Tobin?
Hello everyone,
My girlfriend and I have been actually trying to figure this all out. When you’re off of it, where does that place you when it comes to finding a place to live and traveling domestically?
which 288a or 288[A] is considered a worse crime because some of my papers from court in 1989 say 288a some say288[a] I have a lewd n lascivious under 14 victim was 13 I was 18 no force violence or sex invoved ???
As someone now Tier 3, this is ridiculous. No words except that I’m very disappointed with ACSOL for supporting this ridiculous bill.
Let me try this again:
Can anyone venture a guess as to how the passage of this bill might complicate any Registry-related lawsuits during the years before the tiers go into effect?
ACSOL didn’t support this version.
Hi,
I am confused about this bill. My husband pleaded guilty to a 243.4 (a) felony. He will have the chance to reduce it to a misdemeanor but not until late 2020. Since this bill does not go into effect until 2021, will he still be a Tier 3 or a Tier 1?
Can somebody help me please, do the way I understand it anything that falls under 220 is a tier 3? Just last year I had it reduced to a misdemeanor then expunged and finally received a COR. Conviction was in 1996, served county never prison. Have been out of trouble since then, how can I get this lowered to a misdemeanor, expunged and receive a COR and still be consider tier 3. My particular 220 conviction still required for me to register even after the COR, so how is this suppose to help me? In fact the way I see it it’s actually worse because my expungement, and COR will be nulified? Janice if you can comment please!