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
They just voted to keep going. This bill passed.
SB 384 passed the Senate with only 4 nays at 1:15am. It happened so quick, I was shocked that it actually happened. On to the governor. I believe this bill will become law. ACSOL meeting tomorrow in San Diego should be interesting.
The SB 384 was concurred by the Senate at approximately 1:15am.
Yep. Passed. You can find the bill analysis and how they voted here:
https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml?bill_id=201720180SB384
For those that are wondering about 647.6…
I have read the entire bill. Starting January 01, 2022 YOU WILL BE PUBLICIZED ON THE PUBLIC WEBSITE, even if its just a misdemeanor. Relevant section is:
290.46(c) (1) With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2) of subdivision (d) of Section 290 and who is a tier two offender,
****and with respect to a person who has been convicted of the commission or the attempted commission of Section 647.6,***
the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides, except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the Internet Web site. Any registrant whose information is listed on the public Internet Web site on January 1, 2022, by the Department of Justice pursuant to this subdivision may continue to be included on the public Internet Web site while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290.
It passed. Some argue a fix was in the works and Sen. Wiener and LE had a plan all along. However, he is from S.F. and S.F. is the only county/city that didn’t vote in favor of Jessica’s Law and the Internet publication of the registry. So I believe he was sincere.
Remember when CASOMB said SB 421 was written in stone? They know these laws and the real facts probably better than anyone else. They will likely fight for reality based on studies and in line with the original draft rather than knee-jerk amendments. And on that note, Sen. Lorena Gonzalez-Fletcher would probably have to recuse herself if she were a judge. If she suffered abuse, she probably couldn’t even sit on the jury. So that still leaves it open a court challenge before an unbiased judge which may chip away at the armor or it could dismantle the entire registry. Maybe this is already happening.
No matter where you will land in the registry Tiers, it will not take effect for a few years, and a lot can happen before then. I hope some a-hole who would be a Tier 1 doesn’t murder a little child, because you can bet the press will be looking for any dramatic event that will sell papers and of course the public would be sympathetic, and on the other side of the coin, someone might ignite SCOTUS into a rethink. Maybe that kindling is already lit. It sure seem like the fire is burning strong.
In the mean time, I’m not going to give LE and the DA an excuse to argue “community safety would be significantly enhanced” by my continued registration. I refuse to give those hoping for failure the satisfaction.
If/when Brown signs this bill will someone from this group put together a matrix that we can understand about offenses? Example is my conviction for an attempted 288(a) which was a sting. Hard to follow the reading of the bill my us amateur legal minds
Thanks
I just hope we take this to court and they will rule that California’s sex-offender registry is unconstitutional.
Supreme Court challenge. Build a war chest; find the right case(s) and take it to the highest court of the land. There is no other option. This entire scam with the tiered registry was nothing short of slaughter. The game plan needs to be changed. Incredibly bad law was just created. The only relief for us is to strike down bad laws, rather than assist these people in creating laws that make it worse for all of us.
one count 288a lewd lascivious under 14,, 13 to be exact 1989 riv county, no other convictions since were do I fall on the tiered registry 2or 3 ???
A lot of us are going to need some direction on this when the time comes: What Tier will I be placed in, will I be posted on the web, what will be the process for petitioning, etc? Will Janice be providing these services, and could she handle the case load that will inevitably result from this? No one else will be in a better position to help each of us than her. And for those of us who have the resources, I would very much be in favor of a Tiered fee structure for this. I would gladly pay more to help subsidize those who can’t. Money should not stand in the way for someone who has a shot at getting their life back.
Question for many to consider; maybe somebody already knows the answer: If a registrant has a COR in place prior to 2021, is that COR nullified as it relates to the registry on 1-1-21? By my reading, the answer is yes…..a COR is nullified. I believe that’s probably part of the equal protection challenge Janice was talking about. Anybody have input on this?
@AJ
Can’t an injunction be placed to prevent this law from going into effect? By the time the law is slated to go into effect, there will be other legal cases decisions made that could possibly make this law unconstitutional. If so, there is plenty of time to place the ball in motion to do that. If an injunction is placed on the law, then the politicians won’t be so happy but cannot be blamed either since they tried and the blame goes onto the courts; thus keeping political careers intact.
Hello Everyone,
First I would like to thank you all for contributing and being active to this site. Because as you know this is all very overwhelming.
I have a question I hope someone can answer. 16 years ago I was charged with two charges of ATTEMPTED 288 with a minor. The charges were attempted but still a attempted 288. Will this still land on T3 for life?
@Son of Liberty Child of Freedom: I like to think what everyone else sees and to see what no one else thinks 👍🏻
Are letters to Jerry Brown appropriate? It may do nothing, but he needs to hear that this bill will save no money, probably cost more money, and leave the vast majority of registrants on the registry. He needs to hear that if he signs it, he’s an idiot and wasting taxpayer money on a reclassification scheme that will just line the pockets of LE that will get overtime to handle all the paperwork. Probably won’t phase him, he likes wasting money so they have excuses to raise taxes.
No post low level here, so I guess I’m off the registry, eventually…But I know a lot of your life’s are gonna be affected for the worse and I hope the whole registry crumbles under its own weight. The people on these boards are concerned, open, involved, and very smart. Not hiding behind bushes waiting for a kid. Hang in there everyone, the tide is changing.
Will 288a (b)(1) still be tier 1 or will this be in the limbo tier. I believe we all need to continue to fight this whole registry issue as it will all fall.
Which alyansis do we go with for the bill the assembly or the Senate confused because they are different?
Two directions available. Make alies of those that pushed Proposition 57 and make our own Proposition to the people (call it The Sex Offender Accountability Act). The other route is to challenge the effects of the bill. A third is of course have the whole registry ruled unConstitutional.
To allow level l & ll registrants to petition off the registry except those whose crime was considered against a child to be level lll, because they’re considered more dangerous and evil? Please!! They are not making any sense about what they’re doing to maintain public safety because this will endanger and destroy lives.
I wouldn’t count out CASOMB yet. They helped draft SB 421 founded on evidence-based studies and that evidence is still as strong.
Why are so many of you accepting this bill? It is TRASH and you should be outraged. This is not a solution but another law that makes people’s lives worse, just like the many laws for the registry which came before it. The Registry must be OUTLAWED, there is no more hope for any laws coming out based on science. It won’t happen, based on how ‘well’ that has worked so far. It now comes down to this: BEAT the Registry or nothing. There is no other road now. I hope you people are coming to terms with that.
Does the clock start upon being sentenced to probation or completion of probation? From my interpretation it is upon sentencing but I wanted to get others take on it.
Congratulations to all the new tier 3s, Congratulations to all the ones that will spend 10s of thousands trying to get off. You asked for it , you got it. Another job well done. The only thing that needs to be attacked is the whole registry, but then without it how is the state going to make money, how will the evaluation specialist make money and do not forget the attorneys. I know a few states where they were going to try and have a bill that would allow RCs to renew their drivers license every 4 to 6 years instead of yearly, did not pass because the states make money on the yearly renewal. (IN MILLIONS) Who would have thought? There is NOT and NEVER will be 1 lawmaker that will do what is truly RIGHT, That is a pipe dream, they have to be forced. The registry is building so fast that it will implode probably on its on one day, the younger ones might benefit but the older ones are screwed.