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California

Senate Committee to Hear SB 1143 on April 24

The Senate Public Safety Committee is scheduled to consider Senate Bill (SB) 1143 on April 24. If passed, SB 1143 would require registrants convicted of an offense involving a minor to disclose their requirement to register to both potential landlords as well as those who have a house to sell. If a registrant failed to make this disclosure, the landlord or seller could lawfully cancel an existing lease or contract.

“This bill must be stopped,” state ACSOL Executive Director Janice Bellucci. “If the bill becomes law, there will be a significant increase in the number of homeless registrants and that, in turn, will reduce public safety.”

The committee hearing will begin at 9:30 a.m. and be held in Room 3191 of the State Capitol.

Registrants, family members, and supporters are encouraged to write letters opposing SB 1143 to Senator Nancy Skinner, Chair of the Senate Public Safety Committee.

SB 1143 – Oppose – 5 April 201804052018 Sample Letter

SB 1143

CA: Vidak authors measure to prevent sex offenders from secretly moving in next door to schools, parks and child care centers

 

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Election years produce the worst kind of laws. Really, the only law that I want to see passed is one that would require the legislature to actually produce data as to why a law is required instead of the current “sounds right, so it must be right”. I have a feeling we’d have far less new and old laws if the burden of data was actually on the people who create all this BS.

Ya we should start an initiative here in CA for such a law, and also one that would not give immunity to any public official for passing unconstitutional laws…

I am really glad to see this issue getting the attention it should. This is the biggest issue since the last residency bill….

Wow, this is incredibly stupid law.

Too bad there isn’t a similar bill for domestic assault felons, or those convicted of pushing opioids. (Or for politicians convicted of corruption. Oh I forgot, their convictions are usually overturned, or quietly expunged)

Wouldn’t this be found unconstitutional because you are compelling speech from one private person to another private person, thus violating the First Amendment? The Legislature and voters have moved away from this forced disclosure of criminal records, notably by “banning the box” (questions about criminal records) on job applications, which became effective this year (see AB 1008). In addition to being unconstitutional, this bill conflicts with existing law, specifically Section 290.46(j)(2), which “expressly prohibits the use of information disclosed on the [Megan’s Law] website for purposes relating to health insurance, insurance, loans, credit, employment, education, housing, or benefits, privileges, or… Read more »

Unconstitutional??? It doesn’t matter if it is. The law can still be legally implemented and have a devistating affect on many people. It will only be removed (maybe) after several years of litigation. By then the damage will have been done and the politicians will have been elected. – we are just fodder to be manipulated as the kings see fit.

This is why the judicial branch is NOT an equal branch of the government.
We need a judicial system that allows legal review of laws before the are implemented to prevent exactly this type of situation.

Since the registry itself is unconstitutional (regardless of what SCOTUS officially says, we know it is cruel and unusual punishment), I seriously doubt they care.

Tell a person that is selling a house that you want to buy, WHAT?

Now that would be discrimination at its worst. Really the same goes for landlords too being there are no longer restrictions on where you can live in CA now. This seems to be an attempt to put that law back in play just using a different approach, no?

This was my thought too, remove one housing restriction law and implement another. This one is actually worse. Landlords will not choose RSOs unless they have no other applicants. Can you imagine, in California, that there would be no other applicants and if so, what poor quality a property must be in for this to be the case. From another angle, what kind of liability would be on the landlord who knowingly allows an RSO into the neighborhood and something happens to the kid next door. Even if not legally he/she or the property could face vigilante justice. Currently, they… Read more »

And there’s the property insurance industry which will penalize landlords for renting to sex offenders and the lawsuits that will be filed against landlords who knowingly rent to sex offenders if they look cross-eyed at someone. So from this one public policy – putting us on publicly available websites, there flow many consequences.

These fires will continue to pop up until the registry ends. I just hope our DEFENDERS can get rich off the numerous lawsuits until that day comes. Thank you Janice, Gail and All who are invoved with me in this nightmare.

Our defenders, if you are referring to ACSOL et. al. do NOT get rich of us. Lawyers that send deceitful, alarming half-truth filled mailers to scare us into coughing up lots of $$ for pipe dream promises do, but they are not our defenders, they are predatory vultures.

You misunderstood my post. I hope our Defenders (ACSOL and the like) can make some money on these disastrous and plain out stupid ordinaces and laws that they continue to challenge for myself and others.

Im confused. It it saying that the rso would need to tell a seller that they are rso? Any seller?
Or if the rso is selling a home he needs to tell buyers?

besides isnt that info public already?

It’s worded strangely but I believe the buyer of a house would have to tell the sellers…just another way to keep the less desirables out of the neighborhood.

It’s if you’re the renter/buyer. When Janice posted this earlier, the headline that senator gave was something like “Sex offenders secretly moving in next door”. At that time, the bill would require this notification for any property that falls under 1200 feet of certain locations (schools and such). I’m not sure if any of this has since changed. The “good” news is that there is no legal penalty for not complying, unlike just about every other “non-punitive” RSO law. The bad new is that this creates a loophole for the landlord to break any contract they may have without penalty… Read more »

Thanks for that clarification Alex. That is how I read it too. No where is there a penalty listed. It just allows renters to evict you or sellers to pull out before closing. And it’s only if your crime was involving a minor, and only if the residence is a 1/4 mile (1329ft, not 1200ft) from a school, park etc. If you aren’t on the Meghan’s Law website, don’t volunteer that information!

No. I am lucky to still have my job and make a pretty good living. The criminal court and DCFS process cost me my life savings and our house. 4 years on and I’m almost back to the point where I can afford to buy another house for my kids. No way in hell I’m going to tell anyone anything. I was able to rent where I’m living now but if I had to tell the landlord I might not have been able to. I’m getting sick and tired of all this crap. I want to be able to do… Read more »

I can’t imagine this bill ever getting anywhere, but we have seen more stupid laws being passed just to get overturned. What a waste of money yet again. This is discrimination at its best and would definitely spike a lot of lawsuits ( I would hope ). Family members and the children of registrants would be discriminated against and treated unjustly. It will be either all “criminals” or no “criminals” will have to be objected to such an idiotic and unconstitutional law. Ban the Box was the beginning. They can’t just pick another law at random, just because.

Well, I think this is a wonderful idea. Ca is presently broke and we have an incredible homeless problem at the moment. So, this could or would certainly help! I think it could create a homeless epidemic, destroy families, ruin a child’s life and the list goes on and on! Great idea. This is probably one of the most disturbing and thought provoking ideas I’ve ever read. It’s very hateful. I guess murderers, wife beaters, drug dealers and prostitutes can now buy a house anywhere they desire!

Wasn’t it already ruled unconstitutional to deny a person housing based on a prior offense?

The registry in general is unconstitutional on paper until you get to the part where it’s been ruled to be “non-punitive”, thus avoiding the constitution. If something isn’t meant as punishment, then the constitution doesn’t really apply. This is especially true in this case since the bill isn’t trying to apply a legal (incarceration) penalty for non-compliance. It simply allows the landlord to breach the contract without suffering a penalty. In other words, it’s not the government that’s denying your housing (where as housing distance regulation is the government denying housing, which is why that was ruled unconstitutional, making California… Read more »

Notification, notification, notification. It’s all about revealing our personal information. The government is requiring notification with this bill. Just like IML. And washing its hands of any consequences.

Yes, but this is on US soil. As Agamenon pointed out, “Wasn’t it already ruled unconstitutional to deny a person housing based on a prior offense?” The only way to you’re on the registry was due to a prior offense. You could lose your house if you don’t disclose you’re a registrant or you could lose a sale if you don’t disclose you’re a registrant. Losing your house or a sale due to not disclosing your registration status is being domineered into doing this service under penalty of law – the penalty is losing your housing or your sale with… Read more »

My letter to the senator was mailed this morning…

Janice, is this something you want us to show up for?

@Totally – Yes, we need people to speak against this bill during the Senate Public Safety Committee hearing. Please join us at 8:45 a.m. at Starbucks on L Street, across the street from the Capitol, and we will walk together to the hearing.

Count us in Janice!! Enough of this witch hunting!!

Great. I will be there

It never ends

Hi. What happens when your not the one on the lease? Another family member is? How will this hold up? Anyone know?

And here I was having a pretty good day…looking to move into my dream house very soon. I guess that is on hold.

This is about the stupidest law ever…what a F’ing waste of taxpayer $ for a lame bill….. like a HOUSE seller would even care ? he wants to SELL.

If I was selling a house and the guy said he was a convicted murderer… would I sell it to him ? yepppp
same as if i was on a jury trial, regardless of the crime…. id find the perp.. NOT GUILTY !

Anyone know the details on WHO started this bill ?
name and email ?

Introduced by Senator Vidak.
Capitol Office
State Capitol, Room 3082
Sacramento, CA 95814-4900
Phone: (916) 651-4014
Fax: (916) 651-4914

Fresno Office
2550 Mariposa Mall, Suite 2016
Fresno, CA 93721
Phone: (559) 264-3070

Bakersfield Office
1201 E. California Avenue, Suite A
Bakersfield, CA 93307
Phone: (661) 395-2620

Hanford Office
113 Court Street, Suite 205
Hanford, CA 93230
Phone: (559) 585-7161

Thank you for providing phone and FAX numbers for Senator Vidak’s Offices. I hope that everyone who reads your comment will start calling those offices and sending letters via FAX.

I seem to recall hearing at one of the Saturday meetings that use of the information from the registry was not lawful for purposes of employment, housing etc and subject to penalties (I forget if it was criminal or simply civil)?

Obviously, I’m not a lawyer, but wouldn’t just about any court find that language sufficient to find this bill (if passed into law) as unlawful?

Well stated. Many people are online for all to see? Yet, they want to continue to tack on more and more? If this continues, let’s all file for disability? I can’t find a job or housing because? It’s very thoughtless and we have bigger issues here in bankrupt California. Why doesn’t someone submit a bill that would help rehabilitate? Create job skills? Help with employment? Very narrow minded. These things never work.

Hello USA,

I have been saying the same thing thing for years, if you are going to beat a person down for year after year, new law after new law, then disability should be offered! I wonder has anyone gone this route and actually won?

So true! In summary, none of this really makes sense. I suggest one of these lawmakers spend a day in a court room and hear some if the case loads (3rd offense//2nd probation violation/new charge while out on bail). I suggest we continue to move forward and prepare for 2021. I imagine we will hear more about that new law as well. I suggest getting your charge reduced (everyone) to a misdemeanor and expunged if possible. What Tier are you in with a expunged offense? Summary probation? I personally think the courts are going to have difficulty denying this motion… Read more »

Once again, the words from Smith ring in my ears: “…offenders subject to the Act are free to move
where they wish and to live and work as other citizens….”

Watching the Zuckerberg senate hearings is a goldmine of learning how the law makers actually feel about protecting privacy. particularly informative is Kathy Caster, R. Florida and Senator Durban who adamantly stress the absolute rights to privacy and that “The American people do not want to be monitored and should not be monitored,” and “There is a need for legislation to protect the American people’s privacy and from being monitored.” Those are quotes from the law makers. Now I accept that when I was on probation I was monitored. But that is over. My incident happened 12 years ago. I… Read more »

All good questions, Eric. Why don’t you write to those senators you mentioned, quote them in your letter, and then ask your questions.

There’s a good chance you’ll get a response if you type or hand write a letter and post it via the regular mail. And if you do, please let us know what they say.

Correct! I saw and heard the hypocrisy also. Privacy is a protected public interest and Megan’s law circumvents an individual’s actual privacy, safety and security just so some random stranger can stalk us and garner a false sense of reassurance and false psychological relief. We (and our family members) are sitting ducks and soft targets because it increases the likelihood and probability for physical violence, murder and arson. Not to mention it has a negative impact on the mental health of not only the registrant, but immediate family members as well because of open-ended systematic and orchestrated abuse and neglect… Read more »

This is the state’s version of IML. They aren’t saying don’t rent or sell to us, but by disclosing our past, they are allowing the landlord/ seller to make that decision. A chickenshit way to discriminate.

I am going to leave the biggest pile of💩on the carpet when I pass threw my final airline check out of this dump of a country!

I looked at his in district stats. He is in a weakly held Republican seat.
I believe this to be political grand standing at it’s best. He is a Republican
senator in an over 60% Democrat district up for re-election. check the link below:

http://www.aroundthecapitol.com/districts/SD14/

That makes sense. For a politician, when you have no ideas, no leadership, weak following, poor history, but want some attention write a bill attacking sex offenders. You are sure to get some following.

In an adjacent issue, SB 1204 ( iI think that’s right) is a pimp and pandering bill that wants to expand the laws to make anyone that “supports” sex workers guilty of a felony and subject to registration. That would make a drug store cashier that sold condoms to a prostitute a sex offender. OMG! The legislators have become the defacto Sex Police! I listened to a very good interview on 94.1 Berkeley and it made my want to blow up the state legislature! Half those guys get handjobs after work! But they are dictating our lives? This state and… Read more »

Someone needs to read PC 290.46. We can’t be denied housing it’s already a law.

What they are saying is that if we don’t expose our status, then we are responsible for not abiding by the law, and that gives the landlord/ real estate agent the right to deny housing. Same way insurance can cancel or deny if you don’t tell of ore existing conditions. Same thought.
So they are bootstrapping to get the old ordinances back in.

Isn’t this what the registry is for? Also, credit check, internet search, if a manager or owner wants the information it is there.

This will make more transient sex offenders. So the law makers would rather have us register 12 times a year instead of once. Just think of the burden on the local police forces. If we were all transient then what would be the point of the registry? Plus it would be 1.2 million registrations a year in California instead of 100,000. Politicians have their heads so far up their arses they can’t figure out which way to go.

I thought transient sex offenders had to register weekly. I think that is true in Texas, anyway. Not sure about CA.

Unfortunately Jason, the word “may” is a major problem. The other major problem is it is a private party making the call not any state official, furthermore, the penalty is civil and not penal in any sense, at least according to any state statute. I am really glad to see this major issue getting the recognition that it deserves and that people are coming around to know exactly what the consequences that this bill would have…..If passed I am not even sure who you would sue unless you actually get denied housing or sale of property but even then the… Read more »

You know what I think needs to happen is someone who is a credible attorney needs to send this politician a cease and desist letter and inform her that if she introduces this bill and it gets passed and if there is any damage or harm caused by it and if the law is declared unconstitutional then that politician “no longer has immunity” and that she will be sued and held personally liable for any damages that arise from the unconstitutional law. This is exactly what needs to happen and I do not know why no attorney does this. Just… Read more »

If anything it will be in the back of her mind because you know she doesn’t know what the laws are and if she really can be sued. Make her take pause at the very least and show her we are not going to just take this crap laying down…….Look this law has already been debated and reject by the safety committee as well as been struck down by the CA supreme court (although only for parolees) so this lady knows very well that she will be violating our liberties but is going ahead anyways because she faces absolutely NO… Read more »

At least a very similar bill only it was in the state statutes which is why it was rejected I think. I find it really hard to swallow that the safety committee found a heart or cared what the effects were. They didn’t enact it because it would be shot down in court and they knew it and they did not want to look like fools with the other committees and courts or wherever. This law does not face that same challenge…..

Check out this list of state laws that have been ruled unconstitutional. It isn’t really relative but it is interesting and when you do a search of sex offender only one case comes up, Packingham….

https://law.justia.com/constitution/us/state-laws-held-unconstitutional.html

Just a quick look online..IDK man….Take a lot more research… The immunity only applies to lawsuits that try to force the government to act or that demand money damages. You may sue the government for a declaratory judgment, to protest a wrongful injunction, and for equitable relief. Generally, you may sue to restrain the government in some way, but not force it to act. You may sue if a government employee, official, or agency abuses its authority or acts beyond its authority. Employees are protected for acts and omissions in the scope of their employment, but not beyond it. If… Read more »

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