Although believed to be stopped, the Tiered Registry Bill has been revitalized by its author Sen. Scott Wiener. The bill has a new number — SB 384 — as well as new content. This was accomplished through the “gut and amend” process available to state legislators.
“As compared to the prior bill, SB 384 significantly reduces the number of people who would be assigned to Tiers 1 and 2 and therefore eligible to petition for removal from the registry in 10 or 20 years,” stated ACSOL Executive Director Janice Bellucci. “For example, the new bill would assign people convicted of felony possession of child pornography to Tier 3, which would continue their existing requirement to register for a lifetime.”
SB 384 is similar to the final version of the former tiered registry bill in that it will take effect on January 1, 2021. The bill could be modified before its effective date.
In order to become law, SB 384 must be considered and passed by two committees (Public Safety and Appropriations) and the full Assembly, then return to the Senate for a concurrence vote. All of these steps must be accomplished no later than September 15.
ACSOL board members will consider today the organization’s position on SB 384. Input from registrants, family members and supporters is encouraged via this website.
The ACSOL board of directors has voted to remain silent regarding SB 384, the new Tiered Registry Bill. As a result, the organization will not send a letter of support or a letter of opposition regarding the bill. In addition, ACSOL will not testify either in support or in opposition to the bill during the Public Safety Committee hearing on Monday, September 11. Instead, we will attend the hearing in order to observe what is said by the members of that committee as well whether any amendments are passed. It is expected that the hearing will be televised and others can watch it on TV.
Why is the assembly looking at something that will cost tons of money in bureaucracy to do almost nothing?
Bills, laws, legislature, and lawsuits aside; when I was smoking crack and having [consensual] sex with an adult female, I didn’t know anything about sex crimes or the sex offender registry; but I did know that smoking crack was a crime and I did know the female was not my wife, who was away with the kids, and I did know that I was disrespecting them and myself. I had placed myself in that compromising situation. No one forced me to do what I was doing. I am responsible for everything that happened to me that night. I am responsible for being on the sex offender registry. No! My punishment does not fit my crime and I spent years wallowing in self pity until I was finally able to completely accept that I had done this to myself.
Some of us haven’t learned to accept responsibility for placing ourselves in the compromising situations that placed us on the sex offender registry. I can appreciate everything being said because I understand where the anger and frustration come from; but I also hear us talking as if someone owes us something when no one owes us anything. The sooner we accept responsibility for the actions that placed us on the sex offender registry and stop talking as if someone falsely accused us and they therefore owe us something, the sooner our outlooks and attitudes will evolve and we can heal mentally. Non attorneys trying to interpret the revised bill and giving advice is dangerous, unproductive, and causes some on this site a lot of needless anxiety.
As always, this is just me speaking for me.
Hi Janice and all,
Although I would be one of the few people benefited by this bill, I do not think it should be supported by ACSOL or anyone interested in RSO rights. Many people will be in wore shape and, as mentioned throughout, it serves to further legitimize the registry. I agree with those who believe the answer lies in the courts. Many decisions have gone in our favor recently. Ultimately it will probably depend on reeducating the courts and public at large. It’s my understanding that in order for registries to be constitutional (borderline, or at least the current argument), the rights of registered citizens must be outweighed by public safety. This is clearly not the case. The prospect of drafting another bill in 2019 is of course another that should be pursued, but it is likely to have a similar fate.
That’s my 2 cents.
I want to say something, but can’t seem to find the words. The anger that is in me is being pushed down to avoid doing something that will surely put myself or someone else in harm’s way. I read some here say you must accept your actions. I do everyday. I have never turned away from accepting my actions. But to be used as a mat, a punching bag, a mutt to be kicked , well I don’t have to accept that. I might sound negative, and not be as “forgiving” as others here to the actions taken by this government. But maybe that’s because I have lost EVERYTHING I held dear. When you have nothing, you have nothing to lose. I will go into that night, but not quietly.
Exactly it’s ok to be angry about something like this. You can only push people so far after all. I thought I was at my limit years ago. But I guess that wasn’t the case.
Anyone know the steps of getting a 17(b) for 311 in 2012?
Just a thought, but an organization like this (ACSOL) isn’t going to hold much weight in regards to its support or opposition. In fact, legislatures will probably be inclined to do the opposite of what ACSOL promotes or supports.
Better solution would be to get a Proposition op for vote by the people coming election day. A catchy name like, “Child safety against sex offenders Act” might sell but have it more reasonable that these watered down bills.
If anyone cares about an outsider registered citizen from Texas’ point of view, here it is.
I’ve spent the last 7 years reading everything I can on the registry and constitutional law. While at first it was in my spare time, the last 3 years I’ve been un-employed and my research has exceeded the time I would spend on any real job.
You just have to trust me that the tide is most definitely turning no matter what happens with this bill. I’ve researched other historical situations where the constitution was ignored for undesirable classes of people. The commonality among all of them is that what’s happened the last two years with judges finally outright siding with us is what happened in all the other situations. This IS the turning point. Be patient, don’t give up, and keep up…no, increase, the things you are doing to spread the word and help the cause. It’s time to double down.
The TRUTH will come out. The federal courts are finally showing they won’t just accept the word of our opposition without question. The state courts won’t follow suit (Other than a few). They NEVER did in previous similar battles in our nations history. Elected state judges can’t do it any more than elected state politicians. The federal cases, or state cases that reach SCOTUS are where the victories will be and they are adding up.
I agree with your take completely, Chris. The tide IS now turning and it’s not going to stop. There is now the momentum to ensure that. Also, you are right that the states will have to be dragged kicking and screaming into reform by the federal courts and SCOTUS. Think of Jim Crow. What we are up against is populist majoritarian authoritarianism. Elected judges and prosecutors are a very bad thing because most people don’t possess the wisdom, the intelligence or the sense of justice to make it work.
AlexO (or anyone who knows): Would the 17(B)/1203.4 procedure work if you were convicted in another state for felony CP possession (in my state there is no misdemeanor for this crime)? I guess you would first register in CA when you moved there. Would I be designated felony or misdemeanor 311? What’s the difference in CA for CP felony versus misdemeanor conviction? My conviction was in 2006, probation only, lifetime registration (automatic with CP in my state), no subsequent problems. And then after registering start the expungement procedure. I probably would need a lawyer to help with this (Chase?).
Lake County, Good post! I agree with what you are saying. If it comes down to getting the money, to fight for real change, I’m sure we can all, and I mean everyone, donate to help Janice, challenge, these unconstitutional laws in court, and not leave it up to our fearless leaders in Sacramento, to do the right thing! Just look what the Bernie Sanders campaign did in 2016. They raised 8 million dollars, buy just donating, an average of $27.00 each!!
Question if this bill passes why wait an extra 5 years to get off the registry in California why not move to Oregon or Washington State where they have a tiered registry set up already?
Take responsibility???Was that whole post like satire comedy or something? lmfao is what that was…
Quoting from the SFGate report:
“Critics of the bill said too many crimes were included in categories that allowed sex offenders to eventually come off the registry, including rape by force, rape of an unconscious person and lewd acts with a child. After amendments to the bill, people convicted of those crimes will still register as a sex offender for life, Wiener’s office said.”
288(a) would fall under lewd acts with a child, but as I read this new bill (and I’m no attorney), it appears 288(a) would fall under Tier 2. True? Also, if this becomes law, would notification on the Megan’s law siite begin immediately, or when the rest of this takes effect in several years?
Thank you!
This is truly great news! There are many people who have paid their debt to society, had their charges reduced to a misdemeanor pursuant to 17 B, expunged etc. The registry is far from perfect, but change must occur. There is a small percentage that won’t prevail, but we need to look at the big picuture.
@hoping for hope, no 288a is tier three. 288 is tier three if you had it occur on two occasions brought and tried separately.
Stephen- I have lived in another state for more than 26 years, and unfortunately, it’s the long arm of the law that gets you. Even though you have lived half your life somewhere else, your current state will conform to California law if that’s where you were registered. You do not get to pass GO just because you move. Doesn’t work that way.
My husband just showed me a copy of this bill and I must say that we are both quite disappointed. We hope this bill does. It is a risky piece of legislation!
I just read an interesting comment from a member. Is it true that once your conviction has been expunged, you are no longer required to register once the tiered bill comes to law? I was convicted of voyeurism, upskirting adult females. Apparently, I had captured a minor, 17, and was charged with 647.6. It has been 3 years going 4 since that day I was arrested. I was granted early termination last month after serving 1year and 3 months out of my 3years probation. I filed for my expungement as soon as I was granted. The judge was an excellent judge. He used common sense and law to make his decision. He went against the DA, who did not agree with my request, stating “I was a danger to society.” Most judge would agree with the DA but this judge use reason and sound mind. The judge basically ask if I have been convicted since then and the DA said no. The judge ask how is he a danger to society then? In an instant, he granted my request. I choked up and did not think my request would be granted. My wife was crying with tears of joy. Sorry for getting off course but if it is true then I would no longer register as a sex offender? Is that true? Can someone verify. Thank you.
I am glad our board has decided to remain silent with regard to this bill.
It helps a few, but does more harm to some.
The bottom line is that every individual case should be evaluated on it’s own merits. This is in our mission statement.
The cops, the DA’s and therapists know. If a person is in society for 20 years without incident, putting their info on the internet and processing them at the station is a colossal waste. And there is no proof that the website and/or registration proctects the public.
The public feels that the website makes them safe, but we all know that it is a rare instance when the victim is a stranger to the perpetrator.
The entire approach is wrong!!
I wish our organization spoke more about legitimate methods of prevention.
We would increase our credibility if we spoke more about our commitment to change (Never harming a person.) and prevention. The public gets nauseous when we speak only about our rights.
I feel the answer lies in educating the public regarding legitimate prevention methods and our recidivism rates, And the colossal waste of a registration for life and the Website.
And lastly all the collateral damage the website creates. Women Against the Registry does an excellent job I must say.
Lastly my personal opinion is that this bill has a good chance of passing, but it is not reform. It is more of the same old ideas. It’s not supported by fact. It is for show. It does nothing.
If your only registration requirement is for 290.006, you can petition to have the felony reduced to a misdemeanor. “But people who need to register as a sex offender because of a judge’s order ARE eligible for sentencing under Proposition 47. You are only ineligible for Prop 47 sentencing if you were convicted of one of the offenses specifically listed in the Sex Offender Registration Act.45”
https://www.shouselaw.com/prop-47.html#2.1
Penal Code 290.006 – Court order of registration for offenses committed out of sexual compulsion or for sexual gratification [does not affect eligibility for Prop 47 sentencing]. (“Any person ordered by any court to register pursuant to the Act for any offense not included specifically in subdivision (c) of Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration.”)
I’m glad you, and the members of the board, have recognized the fallacy in this bill, and the harm it will do. It is really encouraging to hear from someone on the board state their opinion and actually converse with the people on this forum. I know people are busy but it doesn’t take long to reach out on here, and give some insight into what these organizations are doing or their positions and opinions.
What I meant above is we (my husband and I) hope this bill dies.
By far, it is obviously worse than the last amendments. Unless this civil rights organization has some type of foolproof, clever, trick up its sleeve to have the new law struck down in our court system, it is a risky bill. I say this because each RSO should be scrutinized carefully. And each person should be given an individualized assessment. Arbitrarily lumping crimes into tier 1, tier 2, or tier 3 makes no sense when there is no individualized assessment determining whether someone should be required to even register in the first place! The tiers are too arbitrary. Then on top of this mess, this bill is giving the Static 99 way too much power.
My husband and I have talking about this bill for the past 12 hours or so now. So it’s time to sleep lol. Take care all.