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
This is unbelievable. My only guess that it’s getting so much support now is because of Gonzalez-Fletcher who says any offense involving a child is Tier 3. If it gets past the final hurdle, then my only hope is that it’ll get rewritten several times from now to 2021.
Fletcher being in favor of this is like a drunk father who beats you up to “help make you tough”. She’s no ally of ours.
Hi Janice,
Someone had already brought this up, but I was hoping you can enlighten me about the provision in the bill that makes all violators of section 288.2 tier 3 according to the bill section 290 (C)(x)…If one is convicted of 288.2(b), which does NOT involve child pornography as defined by the explicit definition of the assembly bill analysis, where it specifically says:
“….x) sending harmful matter to a child that depicts a minor(s) engaged in sexual conduct;…”
can my conviction of this 288.2(b)-which involved only sending harmful matter- be thus listed as a tier 3, even though it involved NO sending of such an act as defined above?
Or will I need to take it to the courts to rectify this overextension of the bill?
Thanks in advance for your feedback…
I’m super glad they have finally corralled all the monsters (like me) who were despicable enough to look at pictures! My felony 311.11a is obviously as horrible as violent rape. Thanks
I don’t like this bill at all, but at least it would help provide relief to some.
“She repeated a prior statement that any(one) convicted of an offense involving a child would be assigned to Tier 3, which requires lifetime registration.”
A close reading of the bill seems to rebut that claim, but that statement sounds pretty clear to me.
If it’s true that the majority of registrants have child-related offenses, then according to this statement only a small percentage would actually have any hope of ever being able to petition for removal, and if that’s true, then the registry will remain as bloated as ever, which totally defeats the whole purpose of the bill.
Something doesn’t add up.
Well, I think even the legislative intent here is worth looking at. Gonzalez is very adamant about saying that any offender convicted of a sex crime against a child will have to register for life, while also saying they are dangerous. She is well aware of the recidivism rates, empirical evidence, and specifically did not back the bill in its prior iterations because it gave child offenders the chance to get off if they met the requirement.
So, again, the bill is not about public safety – it’s about punishment in far as it is targeting the past behavior of offenders who had a child victim and not their current dangerousness. In this politician’s mind those people are not deserving of redemption and deserve to be punished indefinitely.
So angry. 😡 This just pushes more of us into Tier 3, so if they ever decide to create a true Tiered Registry, most of us will be screwed because we will be designated Tier 3 thanks to this POS Bill!
I certainly feel the fool for having believed lawmakers might ever do something reasonable, rational or just! 😡
A “Win Win” in contrast to A “Loose Loose”
Is simply “Self Interest” gone into a extreme.
It is part of the “Human Condition” it’s also, truth be told, part of the “Angelic Condition”
it is a “Ugly Truth”, wings have fallen, & Angeles can also as Humans, The Children of Dust, all day long fall short.
Here is The Kicker & Fasten your Seat belts: There aren’t any Angeles running for Office on the Whole Face of the Earth.
Oh’ my Father in Heaven help us pleeeasse.. oh woe is me… oh no…
The only Good News is that “Self Interest” when focused with the practice of “The Consent Ethic” can produce great wealth for Society or a Community as seen in history with the founding of The United States. Other examples of countries who followed our path is South Korea in contrast to North Korea, Germany, Japan, & India have all recently Created great wealth.
It is important to remember to contrast:
“The Consent Ethic” with “The Conquest Ethic”
The U.S. Government because it has been Empowered by The U.S. Citizens with limited monopolies has now gone off the prescribed Path using The Conquest Ethic to Usurp what it Covets for it’s own Self-Interest.
“The Conquest Ethic” when practiced always Destroys Wealth or Consumes Wealth both of the Conquered’s Wealth (Victim) & The Conquer’s Wealth (Aggressor’s). Resources must be Sacrificed which in turn produces Negative Wealth on the Balance Sheets of both involved. Effectively a “Lose Lose Deal”
Furthermore: there is a addition Ethic “Born” or “Created” from practicing The Conquest Ethic,
Oh no,… Oh woe is me… No one can Deny that it is a Ugly Child…No one can Deny it!!… Oh noo,,, Oh Most High Eternal Father in Heaven should I conceal Truth?
I will reveal then This Child Created & Born from the practice of The Conquest Ethic it is:
“The Avenger Ethic”
It’s Full Capacity to consume ROI (Return On Investment) is stunning to say the least. It focuses the resources of both parties on Revenge and takes Wealth Destruction into higher Tiers with smaller Allotment’s per Tier. It is Evil (Want) manifested in the P&L Report (Profit & Loss). Guaranteeing the Banks Underwriter will Deny the Loan with no appeal possible.
“The Consent Ethic” is a Antidote and when applied to Government and The Consent Ethic sets free The Individual to pursue and produce Wealth for all parties in a community or society.
Effectively a “Win Win Deal”
It is a beautiful child to behold as once were all things when they were first created “Whole & Full” Symmetrical both sides Being Equal.
I speak Truth
As Yehovah Lives, so should we
Misdemeanor 647.6 is now publicized on the website. Definitely not coming back to California until my 10 years is up.
Does anything change between now and the date that this bill would go into effect? Do all of the current website exclusions still stand until 2021? Can one still apply for a COR and be relieved of their duty to register if done before this bill goes into effect?
Unbelievable that we hope and hope for a tiered system to have a chance off this hit list and then they change the rules in the middle…sounds familiar right. Take a plea bargain and then they change the rules you agreed on again and again.
How could this possibly happen. It is going to make many peoples lives much more miserable than they had been. We just can’t win with this bullshit!
Looks like SB 384 was not on the senate agenda today. Is it still active or was today the last day?
No surprise. It will become law. And 30 years from now there the numbers will grow and grow. There will be a bunch of geezers that have never reoffended shuffling in to register. Do I sound cynical?
Re: Son of Liberty Child of Freedom: That’s far out man
Hey guys is a single count of 288(a) a tier 2 offense in this bill still? thanks
Well I feel there’s a hidden agenda they’re not going to let anybody go.. This whole thing is designed for Tier 1 registrants obviously anybody that’s tier 2 or 3 that tries to petition are just going to get shot down look on the bright side you’re actually going to get a chance to plead your case and who knows maybe you could be taking off it’s all bullshit but they’re just being careful cuz maybe people who have the same charge but have different circumstances maybe a true danger to society but the good news is you’ll get a shot better than never having a shot at all who knows you might hit it right on the bullseye or maybe you won’t let’s just be happy something’s changing and be happy that the acsol has pushed these people into a corner because they do play a big entity in this whole situation they never mention them or act like they don’t exist but the acsol is their biggest fear I think everybody who are in this situation should all watch their back because they’re just trying to build more accurate way to attack without any criticism but to all this bill benefits congratulations and to all this bill doesn’t benefit keep your head up man get your money cuz if you have money none of this even matters anyway the more money you have less problems when pertaining to this bill
So punishment for life, no forgiveness ever, no chance of redemption ever, no possible chance of making amends for a mistake in life, no chance to ever live a normal life again. The entire concept of getting a second chance or having paid one’s dues is just lip service. I wonder how many of these politicians go to a house of worship, and act like they are praying, and put money in the basket, and ask some power to forgive them there derelictions. I wonder how many of them exceed the speed limit on the freeway and endanger the lives of countless others, including children. I wonder how many are on their phones while driving and jeopardize lives in disregard for the law. And I guess the assembly and senate are full of puritans who have never had an impure thought, never did anything of a sexual nature that they ever regretted, and have always had total control of their sex drive as well as thoughts. A lot of very pure and righteous people sitting on these boards. This is really difficult to comprehend.
With the new bill analysis being listed, it shows that misdemeanor 647.6’s are now going to be published on the website. The actual bill does not show that, so what does that mean? Will the bill be changed again to show the language that’s listed in the analysis?
Also, doesn’t this constitute ex post facto violations when (misdemeanor) 647.6 was never listed before and now will in essence, add punishment to me and others? This would also apply to others who have never been listed and will be, under this new bill. How can this be justified with people who have never been listed before and as an example, in my case, gone 20 years since my conviction without any additional offense but will now be told I’m so dangerous I now have to be listed? Wouldn’t my track record show otherwise? That seems like clear punishment to me. I can’t understand how politicians are allowed to impose punishments such as these, after the fact.
Will those of us who do have an exemption still be exempted until the bill goes into effect in 2021? What about if you land in tier 1, yet you’re listed on that bill analysis as being someone who will not qualify for an exception? Do you still show up on the website despite being on tier 1, once the bill goes into effect?
I can’t even understand how a bill can gain votes and pass through one (or more) committees, only to later be changed up like this. That basically means that those who voted on it originally, were tricked and didn’t actually get a fair vote as it was bait and switch. How is that even allowed?
I am sorry for asking butt I am so confused with the language. If anyone could help or provide guidance, I wound greatly appreciate it. My husband received an expungement but is still required to register because of an attempted 288(a), typical sting, no actual victim. Served probation without a problem and nothing before this or since. Is he now considered a tier 3? Is he eligible for a COR?
They are running out of time, but the senate is still in session. You can see it live here.
http://calchannel.granicus.com/MediaPlayer.php?view_id=18&event_id=3786
I ask again. I am petitioning for reduction to misdomeanor (311.1a wobbler) 1 count possession only. A fellow rso recieved his on the same charge. That being said, will this new “law” affect this petition. I would think not, since we are all lifetime now anyway, but the way this has gone, who knows.
@counting the days, well it could affect the judge’s ruling given it’s increased significance. I mean since you are petitioning for a reduction and it could actually help you quite a lot. Hope it works out for you though! And at least trying is going to mean something now with this bill.
Here is what it says in today’s and final analysis of the bill. :
-[Tier Three is comprised of registrants ever found to be a sexually violent predator, habitual sexual offender, repeat violent offender, or if convicted of murder or kidnap with intent to commit a sexual offense, designated forcible sexual offenses, any sex offense requiring a life term, or two child molest convictions brought and tried separately, or if the person’s score on the static risk assessment instrument for sex offenders is high risk.]
-[ Provides that it will automatically clear the registry of offenders who would have been placed in tier one or two, but whose convictions are 30 years or older, who have never reoffended and who has registered for at least 10 years. ]
Why is the actual text of the bill so far off from the most updated analysis?
Is this a joke?
I do not think the Senante passed the bill in time. Its midnight and they have no talked about the bill or had agreements. I could of missed it but nothing was heard from when I was watching.