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California

Public Safety Committees Stop AB 884, Pass SB 145

The Assembly’s Public Safety Committee today, by a vote of 3 to 4, stopped Assembly Bill 884. Due to the committee’s vote, AB 884 will not receive further consideration.

“This is a great victory for more than 40,000 people who would have been moved from Tier 2, which requires 20 years of registration, to Tier 3, which requires lifetime registration, when the Tiered Registry Law takes effect,” stated ACSOL Executive Director Janice Bellucci. “This positive result came about because more than 75 people testified today in opposition to the bill.”

The Committee’s final vote on AB 884 took place today at about 7 p.m. Two of the three votes cast this evening, by Committee members Quirk and Wicks, followed the lead of Chairman Reginald Jones-Sawyer and voted against the bill.

“In addition to testifying today, many members of the registrant community contributed to the defeat of AB 884 by sending letters and making phone calls to members of the Public Safety Committee,” stated ACSOL President Chance Oberstein.

During today’s hearing, a representative of the California Sex Offender Management Board testified against AB 884 and explained that the Tiered Registry Law passed by the legislature in 2017 is based upon sound public policy and therefore should not be modified at this time. She added that a registrant who has lived in the community for 20 years or longer and has not re-offended has a very low risk of re-offending in the future.

Also during the hearing, the bill’s author, Assemblywoman Melissa Melendez, made several statements that lack a factual foundation. For example, she said that the “average child molester” harms at least 200 children before he is caught. The author’s sole witness also made false or misleading statements such as there is no treatment available for anyone diagnosed as a pedophile.

In addition to contributing to the stoppage of AB 884, the registrant community today contributed to the successful passage of SB 145 which would provide equal treatment to those participating in voluntary acts so long as the difference in age between the partners was 10 years or less. Because SB 145 was passed today by the Senate Public Safety Committee, it will next be considered by the Senate Appropriations Committee on a date to be determined.

Update 4/12:

We have uploaded the hearing video to our YouTube channel.
https://www.youtube.com/channel/UCxJiEHpwuHGRaJsRVBPU0qg

In order to protect the privacy of those brave citizens who spoke in opposition to this bill, we are not publishing the public comments portion. Therefore it is in two parts – up to and from the public comments.

Join the discussion

  1. Moderator

    We have uploaded the hearing video to our YouTube channel.
    https://www.youtube.com/channel/UCxJiEHpwuHGRaJsRVBPU0qg

    In order to protect the privacy of those brave citizens who spoke in opposition to this bill, we are not publishing the public comments portion. Therefore it is in two parts – up to and from the public comments. ***Moderator***

    • Warren

      According the Assemblywoman Melissa Melendez testimony, with just using the 40,000 288(a) child molesters (her words) out there. 9 out of 10 cases do not get reported and those that get caught victimizes 200 children each, which equals 72 million victims total, just for California! Does anybody really beleave this?

  2. mike r

    Since you are answering question Janice I would like to ask one, and congratulations on the victory, like I stated I was surprised that your lobbying made such an impact out of the courtroom. My question is,
    is there going to be a lobbying effort or any type of challenge going forward to get changes to the bill for CP and more importantly to me to 288.2s ? It would be nice to see the bill amended to include all non-contact, non-violent offenses put into either tier I or II. Like I have stated as well, and not just because my charge was not CP, but that pushing the idea stated as non-contact, non-violent is more palpable to the ordinary individual than what CP conjures up. Bit if non-contact, non-violent offenses were moved that would also include the CPs as well. I am still going to continue my fight as I have a meeting set up with the pro se help center today, but I would love to hear your take and position on my topic.
    Thanks.

    • Interested Party

      @ mike r,
      Not speaking for Janice, but just repeating what has been stated and written many times … ACSOL is actively pursuing some member of the CA legislative body to sponsor the type of legislation you are looking for which would address the non-contact, non-violent being placed in tier 3.

      Until some member of the legislative body steps up ACSOL continues to lobby as possible.

      Not sure what else you are looking for or expect to be accomplished.

      • Janice Bellucci

        Thank you, Interested Party, for echoing ACSOL’s message. The defeat of AB 884 was one battle in an ongoing war of legislation. We lobbied for 6 1/2 years for a Tiered Registry and although it does not include everything we asked for, it is a big step in the right direction as it will provide at least 70 percent of those on the registry an opportunity to petition off. As for the remaining 30 percent we will continue to lobby for you. We made our first attempt to do so during Lobby Day earlier this year and we will continue our efforts until we are successful. Please understand the legislative process can move slowly. It could be 6 1/2 years or longer before we fix the Tiered Registry. In fact, the Chairman of the Assembly Public Safety Committee stated during the hearing on AB 884 that he believes the Tiered Registry should not change until after that law goes into effect in 2021. We don’t agree with the Chairman but we now understand that we have a tall mountain to climb while he remains the head of that committee which will decide whether any attempts we make will be successful. Please also understand that ACSOL is a nonprofit organization and can only do what is possible with available resources. More resources means more actions. Therefore if you want ACSOL’s efforts to succeed then donate to the cause. If everyone on the registry or someone on his/her behalf contributed $10 to the organization it would make a HUGE difference. Some people are already doing this and we thank those people. It’s easy to donate using the Donate button on the website. A one time donation is good, a monthly donation is even better! Donations can also be mailed to 1215 K Street, 17th Floor, Sacramento 95814. Thank you!

        • steve

          I wonder if a better way to go is not specifically ask for a group with a certain conviction but maybe ask for all of tiered 3 to be able to petition a court to move down to 2. That will encompass many more people.

      • mike r

        Maybe I missed it but what I thought was stated the they were attempting to find someone to sponsor an attempt to reduce “CP”, I never heard all non-contact, non-violent offenses.
        And Steve’s idea may be even better. I like that a lot more as that would give everyone a chance at redemption and relief.

        • Janice Bellucci

          Steve and Mike R – During Lobby Day in February we asked for several “corrections” to the Tiered Registry Law. Two of them were to move CP offenders down from Tier 3 to Tiers 1 and 2. Another of them was to provide a way for anyone on Tier 3 to petition for removal from the registry after 30 years if they did not commit another sex offense. We don’t have to limit our “request” to one set of circumstances. That does not mean, however, that our “requests” will be successful the first year that we make them. ACSOL has done and will continue to do its very best to “fix” the Tiered Registry as soon as possible. Please be patient. And remember, without the Tiered Registry Law almost everyone is on Tier 3 and required to register for life.

  3. norman

    @ Janice..Lets see after 30 years I will be 88 years old for a non contact, non violent, no victim crime..my biggest fear is getting dementia and forgetting to register, if I make it around that age or before. So its off to jail/prison I go in my old age if I contract old age disease…man I wish I had the balls to do a Robin Williams..

    • e

      In regards to tge tail end of your comment, I do find it interesting that more of us haven’t taken the exit door, and I wonder why. Is it that we are stronger emotionally than we realize, or that we want to see ourselves through this in spite of all that is against us. Or maybe we feel that no one would care either way, and so why bother. Something to ponder.

      • AERO1

        @ norman there’s laws set in Place to protect you if it came to that that’s why the district attorney has to use the term “wilfully” failure to register so if anybody is sick or in the hospital or injured and unable to register they cannot be convicted the sad part is law enforcement can charge you with anything they want and you might have to bail out or you might have to sit it out In jail until you can prove your innocence it sucks either way….. i started off this post on a positive light but but I guess when you really look at the situation there’s nothing good or positive about it

        • Eddiev

          There is always a little light in every dark situation as yoi guys know I filed aTRO/OTC why section 8 housing canot make me move from my residence why Megan law n STATIC 99 testing need to be stayed and review ed for violation of The 5, 14 N 8 th Amendment. Under the Ripeness cluse and the DAUBERT STANDARD.AND SEPERATION OF POWER DOCTERANE. I WAS GRANTED MY STAY AND WILL SEE WHAT HAPPENS NEXT AT THE FEDERAL LEVAL.

      • Notorious D.I.K. / Kennerly

        I think that a lot of us are concerned about the possibility of developing dementia and forgetting to register. As for taking my life, I think that I’m just too pissed-off to do that. People who have internalized all the shame and guilt are more likely to do that, in my opinion. I don’t regret my life; I regret others’.

        • Will Allen

          If you commit suicide, the scum bags win. I won’t be doing that. But I promise that a lot of people need to be praying that I don’t get a terminal disease. Because that problem will be huge for them.

          I’m not exceptionally old but I have a lot of assets that I need to transfer over to other family members. People won’t be able to sue me for anything. I’m doing estate planning and adjustments right now.

        • E @ Will

          Hey Will, can I get in that estate plan? 🙂

  4. Notorious D.I.K. / Kennerly

    The public comments were the best part!

    • Concerned Mom

      Janice, I can’t believe that 288.2 is in the same category as rape and in tier 3. This has to be s typo! Lifetime registration is no change from current law but the worst part is that it will be put on Megan’s website. This won’t be good for my family. Please try to include this when lobbying for amendments. It’s completely absurd that it is in the same category as violent sex crimes.

      • someone who cares

        The Tiered Registry does nothing except give attorneys and courts money when it’s time someone can petition to get off the registry. Why isn’t it automatic? As we all know, CORs in Orange County are almost impossible, so it’s pretty clear that a Tier I trying to get off after 10 years and happens to be in Orange County, he or she will most likely be denied. The Tiered Registry is still a Registry after all is said and done, and a Registry in unconstitutional, regardless if it’s tiered or not. If the removal would be automatic, sure, it would give some a lot of relief, but the way I see it is that not much will change unless a person is removed automatically after their time is up. Those in other counties might be luckier, even if the offense was the same. So, basically, the judge will be the only person deciding one’s destiny, and again, a judge in Orange County will most likely be less sympathetic than maybe in San Francisco? That is just such BS, and they surely have to see that it will be the luck of the draw. Also, the judges will look to see what people have become “angels” and “priests”, and if you are just a normal person, with a normal life who does not go above and beyond to be someone they are required to be, forget about it. BS!! BS!!

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