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ACSOLCalifornia

CA: ACSOL Supports Senate Bill to Terminate Registration Requirements

The Alliance for Constitutional Sex Offense Laws (ACSOL) has agreed to support Senate Bill 145 that would provide judges with the authority to terminate the requirement to register for individuals convicted of some sex offenses.  The authority would be limited to circumstances in which the age difference between the offender and the victim is 10 years or less provided that the victim is at least 14 years old.

“Senator Scott Wiener, author of the Tiered Registry Law, is also author of Senate Bill 145,” stated ACSOL Executive Director Janice Bellucci.  “ACSOL supports Senate Bill 145 because it will allow judges discretion, when warranted, to end registration requirements for individuals whose age was within 10 years of their victims.”

Attached is a copy of the ACSOL letter.  Members and supporters of ACSOL are encouraged to send their own personally worded letters of support to the Senate Public Safety Committee via FAX to 916-445-4688 or via U.S. mail to State Capitol, Room 2031, Sacramento, CA 95814.

SB 145 – Bill Language

SB 145 – Letter to Sen Pub Safe – Feb 2019_000146

Join the discussion

  1. AO

    Interesting. So a 24-year-old who has sex with a 14-year-old may benefit from this, but not anyone guilty of CP, or in my case, an upskirt picture.

    I do hope this passes though as it will help some people as well as put a dent in the registry armor. Any movement away form the registry is a good movement no matter how little it is.

  2. Andy

    Awesome!

    Now can someone support legislation for dismissed records to petition off?

    Baby steps, I know

  3. American Detained in America

    As expected, Wiener did to us what he did in the tiered registry…if you’re convicted for 288.3 as a result of an internet sting, this bill will probably not help you. In fact, if you look at the wording, almost everyone who this bill can help is already going to be Tier 1 or 2 anyway. My only current hope is that I can get a COR granted before the tiered registry goes into effect.

    I keep saying it, and it holds true…it’s time to support abolishing the registry, not bills that may or may not help a few and leave that to the discretion of an elected official.

    • RegistrantNotAnOffender

      If Michigan is any indication a tiered registry comes before taking the registry down altogether. If you simply say we want the registry gone tomorrow, the public will have no mercy. If you argue for common sense reform you get them to stop covering their ears.

      • Dustin

        The recent amicus briefs from the Michigan SAG is encouraging in a lot of ways. I’m guessing she’s got a very detailed cost/benefit analysis of the registry there and probably wants it off of her budget. In a state as broke as Michigan, that could be very key to their registry’s abolishment.

  4. G4Change

    While this bill will not affect me personally, I am generally in support of any measure that will provide relief from registration for anyone. I hope and pray this will pass!

  5. someone who cares

    How would this bill effect someone with an Indecent Exposure Charge where no minors were involved, and there really wasn’t a true victim, plus he/she is not on the public site AND has that offense expunged?

    • BA

      Someone who cares,
      I have the same we need to petition off or get COR and the petition will be easier in 2021 for sure. Depends if you want to spend the money and roll the dice on COR now if your 10 years past?. Don’t petition anything in orange county youl lose……….

      • someone who cares

        BA ~ We just might wait for the Tiered since a COR in Orange County will be tough and expensive. Also, maybe by that time, there will be more changes to abolish the registry all together. Can’t hurt to hope, right? Back to my initial question. I understand the contents of SB145, but why stop there? There are so many offenses that don’t even involve minors at all, so shouldn’t they automatically be included in this bill? I am hopeful that eventually, the removal from the registry will be based on time offense free rather than the type of offense. Nobody is the same person anymore after this much time has passed. And like with any other offense, IF a person WERE to re-offend, just re-arrest them and put them back on the List, if they still think these Lists help (which most of don’t). Logic goes a long way.

        • American Detained in America

          “IF a person WERE to re-offend, just re-arrest them and put them back on the List”

          That would be a logical approach, but the problem is they claim the registry prevents crime (we know it doesn’t and they know it doesn’t, but they don’t want to admit it doesn’t).

        • BA

          SWC,
          if you wait for tiered and apply for petition move to los angeles this where the tiered legislation really started with Jackie lacy, although people are getting COR’s in los Angeles now which is a good sign. For me I tried once in OC and cost me $4,000 for nothing! I like my odds in los Angeles for any registrant.

    • AO

      The bill is really short. You can click on the link to read it. Here are the codes it’ll effect under the outlined conditions. If your code isn’t one of these, then it doesn’t apply to you.

      (b) This section applies to the offenses described in subdivision
      line 4 (b) of Section 286, subdivision (b) of Section 287, Section 288.3,
      line 5 and subdivisions (h) and (i) of Section 289.

      • Cool RC

        if it is really short Let’s add more so everyone have a chance to get off!!!

  6. Jack Thompson

    Anything to give the power back to the judges where it belongs.

  7. GRR

    I think it would be much more beneficial to promote a bill for anyone with an expungement to be released from the registry.

    Also, it would be easier for the politicians to vote for something like this because a judge would have to already determined an individuals character and a much easier pitch to and acceptance from the public ie voters.

    It seems that anyone which would benefit from the current proposed bill has already obtained an expungement therefore an expungement bill would open the door a little wider.

    I believe that there’s already a law in effect here in California that precludes the state from denying anyone with an expungement from obtaining a state license. More so an expungement bill makes sense

    Mr. Wiener please consider an expungement bill.

    • dph

      Thank YOU Senator Wiener again for fighting for our rights and The LGBT Community so they may have a life again., more will be done later, this one will be difficult to pass as it is to those who don’t understand nor agree.
      EVERYONE SHOW UP TO SAC so WE ALL CAN BE HEARD to help !

  8. Dustin

    While this bill may seem positive on its face, it will not change that the registry is a total and complete waste of time, effort, and money. No adjustment or amendment to it is going to make it useful for the public or law enforcement.

    Besides, what do you want to bet that some judges will somehow find/create a way force registration on applicable individuals despite this bill? And in future prosecutions, DAs will simply charge a different offense that will require registration to get around this bill’s provisions.

    • Will Allen

      Absolutely. I am happy if some people can mitigate the crimes of big government against them by getting off of their hit lists. But I really do feel that we are just sacrificing a smaller group of people so we can all have some underclass and group of outcasts that we can call “THOSE people”. Everything will be fine if we are only violating the peace of a small enough group of people that we can all hate.

      The Registries really are nothing but a huge pile of sh*t. All of these “adjustments” and changing of “loopholes” is nothing more than messing around with that pile. Push a little bit more over here, smear a little there, and NOW, NOW, FINALLY, after decades, it’s perfect! It will never be anything other than a pile (it needs a logo with that as its main theme).

      I can see working to try to pretty up the pile but every single time that anyone does or says anything about the Registries, they should also state that the Registries are worse than worthless. No big deal, just add that in. Every time.

      Because of the Registries, I will celebrate “President’s Day” by ensuring all of this weekend that the Registries do nothing useful and I will go out of my way to ensure that the opposite of their intent is done. I have good, special plans this weekend. Just because the Registries exists, I will ensure they are worse than just worthless.

      President’s Day started as an honor to George Washington. What a slap in the face the Registries are to it. Contrary to what a lot of people think, Amerika has always been a P.O.S. country. It’s devolving rapidly and the Registries are going to keep helping.

    • RegistrantNotAnOffender

      The point is to give judges a choice and if prosecutors don’t offer a fair deal. Defendants have the right to go to trial.

      It’s a good thing even thing people who aren’t affected by it will whine “what about me?”

      One step at a time.

      • Dustin

        Respectfully disagree. Giving judges discretion to decide whether or not someone needs to register under particular circumstances very seldom has any effect. The occasions when judicial discretion favors registrants are very few and far between. State criminal court judges are politicians, every bit as much as the legislators that write these inane laws, in that they are elected. Few will risk their bench to be fair to registrants, particularly after the Aaron Persky affair.

        Notice that all of the registrant-favorable court decisions of late have come from federal courts. There’s a reason for that – they’re appointed for life. As originally intended by the founders, their seats are not in jeopardy if they rule against the politics of the moment. The same is true of most state supreme courts (though it’s normally a lot easier to get them off the bench than their federal counterparts in most states), but the hard part there is getting them to hear the cases whose precedents would benefit registrants the most.

        Several times over the past year or so, I metaphorically compared having the registry to promote community safety and prevent recidivism (it’s two stated purposes) to using a hammer to change a flat tire. Changing the head on the hammer, changing the handle, changing the angle of approach, adding more people to swing it or more people to watch it being done is not going to change the fact that A HAMMER CANNOT FIX A FLAT TIRE.

        This bill is no different. It’s nothing more than an attempt to placate the growing number of those against the registry while maintaining the status quo. Even if it passes, it’s not going to reduce the number of registrants in California, at least not as much as projected. “One step at a time” may be a viable strategy, but it must be a step forward. Stepping to the side is not progress.

  9. Chris f

    I guess an elected official showing times have changed enough that watering down the current scheme a little is a good sign. The problem is if it gets watered down enough that it hurts chances to challenge the entire scheme in court.

    I cant say why in a public forum, but this one needs to pass. Those who know me have to trust me on this or discuss privately. If it gets shot down I can probably talk about it after that unless it is likely to be re submitted.

  10. NY won’t let go

    I see this as a move in the right direction, although it doesn’t affect me. It would happen with a lot of the Romeo and Juliet type cases.

    If they had something in place when I was a young kid I wouldn’t be dealing with the registry now.

    Reminds me the determining factors on the NY assessment. Where if you had committed your crime while under the age of 25 or less than 10 years older than the victim (I can’t remember offhand what it was)it increases the points you get and puts you at a higher risk level somehow.

  11. Matthew

    How about introducing a bill that states no employer is allowed to conduct a background check for a potential employee that includes a registry check? Loo k at all the background check companies that include that in their report. 290 already says it can’t be used but yet no one is denying them access to that information when it comes to checking employees. Lets grow a pair and focus on that especially if there is no longer a “record.” If people complain it is public record, it still can’t be used for employment purposes. Here, I will write it since everyone seems to be scared.

  12. AERO1

    I hope this Bill passes it just makes it easier to terminate your duty to register in the state of California

  13. Confused

    Anyone who can make sense of this, what are the actual crimes that are included in this relief bill? 288pc is what it looks like to me. Not sure I’m understanding it correctly.

  14. BSL

    I’m happy about this too as some others are. It’s at least chipping away at the registry. Ultimately we all want to see it gone today. But why can’t we sometimes add a few more details to these new bills to make the wheel of progress speed up a bit? I applaud the efforts of the Senator Scott Wiener and especially you Janice! We can’t stop or slow down. As things are changing, and our empirical evidence of recidivism and other information seems to be getting out and helping, there does seem to be more and more acceptance to the ideas that all sexual offenses are not to be lumped together, or this bill and other advances would not be moving forward as they have been. If we are going to knock these out based on more understanding and acceptance, should we not add some other details to these bills so it can help more people and knock the numbers down? I know we can’t do it all in one bill. But let’s say that besides the 10 year difference in age, we also include those folks that have been registered for life due to a single urinating in public charge. Or other crazy reasons people end up on the registry.

  15. Fed up

    Crap.

    Why’d I move to Nevada?

    I just got my notification saying I’m tier 2.

    Which is crap, because one of my victims ages wouldn’t even be a crime here in Nevada. So logically they should only be looking at the other victim who’s age of consent is lower than Nevada’s

    • NY won’t let go

      It could be that they are putting you as a tier 2 because there was more than one victim?

      NY put me at a tier 2 and tried to bump it up to a tier 3 but I had only one crime in my record and it was 10 years before 🤦🏻‍♂️So yeah states will do whatever they want and say what they want so they get more money.

    • RegistrantNotAnOffender

      Should have gone to Washington or Oregon

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