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CA: Ballot Initiative Would Expand Definition of Violent Felony

The November 2020 ballot in California will include an initiative that would significantly weaken three recent criminal justice reform measures — AB 109, Prop. 47 and Prop. 57. Included in the ballot initiative is a major change to the definition of the term “violent felony,” which is used for sentencing and other purposes.

Specifically, the California Criminal Sentencing, Parole and DNA Collection Initiative would expand the total number of violent felonies from 27 to 51. In addition, the ballot initiative would expand the definition of violent felony to include any felony that requires lifetime registration.

“If this ballot initiative is passed, all registrants assigned to Tier 3 of the new Tiered Registry Law could be considered violent felons,” stated ACSOL Executive Director Janice Bellucci. “That would include individuals convicted of non-contact offenses such as possession of unlawful images.”

The author of the ballot initiative is Assemblyman Jim Cooper, who is a former member of the Sacramento County Sheriffs Department for 30 years. The ballot initiative is supported by several law enforcement organizations, including the California Correctional Peace Officers Association Truth in American Government Fund, the Association for Los Angeles Deputy Sheriffs and the Los Angeles Police Protective League Issues PAC. Each of those organizations has contributed $200,000 to $2,000,000. The ballot initiative is also supported by the Orange County Board of Supervisors.

“We must oppose this ballot initiative because it could result in significant harm to current and future registrants,” stated Bellucci. “The best way to oppose this ballot initiative is to vote against it as well as to encourage members of our families and our friends to vote against it.”

According to government documents, the ACLU is formally opposed to this ballot initiative and has donated $200,000 to fight it. In addition, two individuals are formally opposed to the initiative and each of those individuals has donated $250,000.

Former Gov. Jerry Brown has publicly stated his opposition to the ballot initiative which he describes as the “latest scare tactic on criminal justice reform.” The Gov. Brown’s Ballot Measure Initiative group has donated $60,000 to oppose the ballot measure.

Ballot Initiative – Nov 2020

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“If this ballot initiative is passed, all registrants assigned to Tier 3 of the new Tiered Registry Law could be considered violent felons,” stated ACSOL Executive Director Janice Bellucci. “That would include individuals convicted of non-contact offenses such as possession of unlawful images.” And so it begins….. So now we are all going to be labeled VIOLENT FELONS. Thanks you people…… Residency restrictions, more onerous and frequent registration requirements, FUKIN harassment with home invasion checks. What else, lets see, marked drivers licenses, signs in yards, everything that ACSOL has fought to get rid of will now be placed on all… Read more »

Just like the German Nazis! Too brand the jews and kill them! The wins for the sex offenders have now got the LE to go to the public for help! I posted in here what happen in michigan how are kent country sheiff got on tv and told people too pay higher taxes or he would let out the sex offenders. But some how it never got posted. But i feel people should know the use of the words sex offender! It brings fear and panic and that can bring big money to the police. Please let people know this… Read more »

+1 To all your posts on this article. I never thought a tiered registry was the way to go especially since it revolves around convictions and not an individual assessment/eval. If all this goes through, the only silver lining I can see is challenging how non contact crimes can be considered violent. Butner study, Im looking at you.

Thanks to everyone that supported the bill there will be someone somewhere that is not going take this lying down I can tell you that. Make someone’s life not worth living and bad shit happens. Especially someone already ready to take flight. Not mentioning names, but like Will is always stating, this is quickly becoming war and in war civilian casualties are inevitable………. Not encouraging anything or predicting who may break, just stating facts again…………..

You know when Jerry boy is against it, it’s a bad bill.

I love and hate the ballot system for this reason: legislation that wouldn’t have a chance in hell is being passed on to voters.

@ Bay Area Resident: As if the legislature is any better when we have ignorant, malicious scum like Lorena Gonzalez in it??

There is a legal definition of violence that are already set presidence. It is based on the act and not on someone’s feelings.

At the Berkeley meeting previously Janice said Lorena was termed out. But she won SD. Janice can you clarify??? Is she off public safety and I misheard it?

@Jim Riggs

“Lorena Gonzalez Fletcher (Democratic Party) is a member of the California State Assembly, representing District 80. She assumed office on May 28, 2013. Her current term ends on December 6, 2020.

Fletcher (Democratic Party) was running for re-election to the California State Assembly to represent District 80. She was on the ballot in the primary election on March 3, 2020. This election remains too close to call as of March 5, 2020.”

Source:

https://ballotpedia.org/Lorena_Gonzalez_Fletcher

I wonder how Lorena Gonzalez is getting around the California term limit. According to the law it is 3 terms (6 years) in the assembly.

My point exactly. And I know Janice said she was gone and many relieved . Hopefully Janice can respond to this. But she is running for Secretary of State in 2022.

I am really really really sick and tired of these opportunistic profiteers using us Registrants as stepping stones for their personal and financial gain.

They have thrown down the gauntlet at us and we must respond in kind. We must spread awareness to everyone we know to oppose this ballot!

This MUST be defeated!

I am going to be a downer too, including to those who supported the tier bill. Hope those that get relief from the tier bill appreciate the suffering it is going to cause others.
You know you tell someone something like you are a pedophile and now a violent offender all a sudden when you know for a fact you are not, it can really Fu*&%^$^ with someone’s head.

@mike r As much as I can empathize with your feelings, I feel compelled to tell you to turn that accusatory finger of whose fault this is to the nearest voting booth in November and VOTE this measure out. That and spread the word to anyone, and I mean anyone, to do the same. The axe has not fallen on us yet! Between now and November many things can happen to turn the tide. So get up soldier! Just because something goes wrong during battle doesn’t mean it’s over. We will correct this path and make this a turning point… Read more »

More unintended consequences and blowback of having a tiered registry

Yeah sure get your families and “friends” to vote against it, and it’s great Jerry’s against it but can’t we get the thing challenged on constitutional grounds before hand? At least try to stop it from getting on the ballot at all.

This is beyond debate now. This is time for action! If you have friends and family that care about you tell them to vote against this ballot! No amount of what-if’s and could’ve been’s is gonna undo this challenge before us. It’s to be expected that in battle there will setbacks from time to time. Has there ever been a clean victory in war? Of course not… Take all that emotion you are feeling and direct that to the ballot box and VOTE. We’re over a 100,000+ Registrants that have friends and family that will side with us! The axe… Read more »

@Bill – Thank you for helping people focus on what is important, that is, to vote against the ballot initiative in November and to ask everyone they know to vote against it as well. We need to unite in opposition to this initiative that will harm not only registrants, but also people who benefit from Prop. 47 and 57 as well as AB 109.

“can’t we get the thing challenged on constitutional grounds before hand?” I was wondering similarly. When is a non-violent felony a violent felony? When you’re a registrant. There is a systemic bias against registrants. This is the latest one. Registrants are the only group that is forced to earn the 1203.4 before applying for a Certificate of Rehabilitation. Registrants are the only convict group that have additional blanket restrictions AFTER being released from custody. The state is treating registrants not on equal terms as a citizen, but rather made into second-class citizens. Thankfully, Janice and company have fought unconstitutional laws… Read more »

So overnight thousands, or tens of thousands of people will be added to the violent felon list, since every registrant is currently registered for life. That is really stupid and will backlog the already bloated system preventing LE from monitoring truly dangerous people.

Please No one ever say cops are smart. They only act it. See my badge i am important so you have to obey me and do as i say. Or you hurt my feeling. And you will pay.

Section 3040.1 is added to the Penal Code to read: (a) For purposes of early release or parole consideration under the authority of Section 32 of Article I of the Constitution, Sections 12838.4 and 12838.5 of the Government Code, Sections 3000.1, 3041.5, 3041.7, 3052, 5000, 5054, 5055, 5076.2 of this Code and the rulemaking authority granted by Section 5058 of this Code, the following shall be defned as “violent felony offenses”: of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262; (4) Sodomy as defned in subdivision (c) or (d) of Section 286; (5) Oral copulation… Read more »

Question… I planned to get my tier 3 offense reduced to tier 1, with this law would it affect my petition to reduce my front to a misdemeanor?

In my opinion, it depends on when it takes effect.
If prior to 2021/2022 then it would be violent felony since we are all required for life. If after, you are not required to register for life if on tier 1 unless your code is on the list that would call it violent felony.
Remember being a violent felon and being a tier are different things. While people may not see your name listed, it would hurt in other areas.

I don’t know for sure, but I don’t think it would effect you being able to reduce it. Typically, these types of changes are not broadly retroactive for court purposes. People convicted prior to the change are grandfathered in. For example, in 2014 311.11 (CP possession) was added to the No Expungment list (1203.4). And in 2015 311.11 became a straight felony rather than a wobbler. But people with convictions prior to these dates are still able to receive both and expungement and a reduction. So I imagine this would continue working the same way. What I think this would… Read more »

This just keeps getting better and better. I went from low risk, to tier 3 soon and now going to be a violent predator. My attorney told me no big deal, no one would see me on the list unless they went down to the police station to look at the binder with registrants. I so wish I had insisted on a jury trial like I wanted.

Just a matter of time before they elevate sexual offenses to “crimes against humanity” equal to genocide and war crimes. (We already have IML travel restrictions and Interpol notifications.) 😠

So, it would appear that the newly-minted tiered registry is a hook upon which this ballot measure will hang. Without that third-tier to assure the ignorant masses that dangerousness has been appropriately evaluated and affixed, there would not be a reasonable-sounding proposal to further limit our freedom and our lives. I have to say, this is just the sort of unintended consequence that many of us worried about before tiers became reality. Let me put a fine point on this: this is a very bad development. Do any of you imagine that this ballot measure, dangling in front of the… Read more »

@MR. Kennerly
Ahhh those ” processes associated with the criminal justice protections” not present in the application of Wetterling act database, accordingly used to uphold ” civil” designation of the words:
“A person who was in prison, parole, probation, extended supervision………for a crime.”

Lies and damn lies, but the collateral implications for gov use thereof, politically PRICELESS!

@ Bay Area Resident: As if the legislature is any better when we have ignorant, malicious scum like Lorena Gonzalez in it?? So what will follow as, overnight, we all become “violent sexual offenders”….. will we each be pseudo-science “evaluated” and carted off to Coalinga.
Double the number of what’s considered “violent”?? Does ex post facto apply to that? At what point do adjectives constitute punitive?

“will we each be pseudo-science “evaluated” and carted off to Coalinga.” ? No, I’d like to put your mind at rest about that (although I lack all authority, it must be said and you may well have been saying that for effect). There are several reasons why that can’t happen, not the least of which is that their Soviet-style psychiatric gulag / Mao’s Cultural Revolution reeducation system is under tremendous strain, right now (YAY!). And then there’s the whole wannabe Soviet show trial system that is being fought (with a great, big bang soon to come [in California]!) by defense… Read more »

Eh……this doesn’t seem constitutional at all.

Truly Amazing! These scum succeed in using fear to turn us against our neighbors.
And the sheep murmur amongst themselves “Oh yes, so true, very dangerous. We must be fearful. Who will protect us? Wolves are everywhere.” Meanwhile, the 1% get richer and richer and the little sheep grow increasingly fearful and cling for dear life to their pittance and bread crumbs.
Terribly sad. Not my America.

That’s right everybody…read it…soak it in…vent a little…

Then by November go straight to the ballot box along with family and friends you have persuaded to VOTE AGAINST this measure!

We’re over 100,000 in numbers! We can swing a vote if we ALL come together and fight! No amount of hoping and standing in the background watching passively will change anything…only by willful action can we make a difference!

I feel sad.

Would that be for any crime committed AFTER A CERTAIN DATE? How could they change the laws on current offenders? That is not what we signed up for when we plead guilty. That would seem unlawful to do. It would be acting retroactive. Am I wrong?

Thanks

@ The Static-99R Is A Scam: Me too. 25 years of being punched, kicked and spit on wears a person down. 😒

Yeah, hate to say I told any so. Quicker than I was thinking. Someone once asked me if I was prescient??? Not really just dumb enough to be caught up in this but just smart enough to see what is coming soon as this tier was even a thought. FUC&P(UIY&UUIU:P(Io
Like your optimism Bill, but 33 million or more people in CA.

Alot of things can happen between now and November people. We can still rally our own voting base of over 100,000+ Registrants not to mention family and friends that support us. We are the swing vote that can turn this around! Democracy is fought for! Expect opposition! Never buckle when setbacks occur! And whatever we do, we must ALL stand together and not turn on each other! (Mike & co.) We’re in a war that we never asked for but we’re in it anyway…so stand and fight! The horizon at the distance can still change and is always mutable. Nothing… Read more »

@mike r

For the record you are still not prescient. 😉 The future is not here yet.

All that energy that you’re spilling over here can be better used by convincing the people in your life that cares about you to vote against this measure.

I know I will and so will my family and friends. We are in this war that we never asked for. I am inclined to fight this. What about you?

This is really bad Janice and team, you all helped get us here. What is the plan now?????????? I believe the legislature gets to define crimes, going to be a pretty big battle convincing the courts any different now that they have differentiated the offenders in tiers. BIG ass battle for sure. At least I heard a peep out of ACLU on this one.
WOW!!!!!!!!!!! I am still just dumbfounded by this one, I didn’t even see this extreme action coming right off the bat. Residency and presence restrictions are for sure coming…………. >[
Really starting to sink in now!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

That tier system is a joke. I’m from Michigan and have been on the registry going on twenty years. My tier has changed three times w/o any new crime. The Tier system is a weaponized tool legislatures use to terrorize registrants and family members by escalating ur tier and declaring you more dangerous as time goes on. You guys in California will be complaining about tiers and be fighting in court for decades to get rid of tiers you are trying to get. Legislators have fun with tiers by adding things to each one to ultimately trap you on the… Read more »

@Dave is absolutely spot on in his assessment about tiered registries. When Michigan implemented the tiered system 3 quarters + of the current registrants at the time were placed on tier 3. Once that was done the legislature simply moved the goal posts as California is now attempting to do….the last time I looked at Michigan’s registry there are roughly 8,100 non compliant or absconded registrants and I’m going to say conservatively that 95% of those are tier 3s. On a unrelated note, anybody see what is going on with the husband of entertainer Nicki Minaj? He was arrested for… Read more »

What’s even funnier is someone that hasn’t spent one day on a tiered registry is going to tell guys who have been on it twenty years how great a tiered registry is. I guarantee you the Michigan people are thinking….. Isn’t the tired registry kinda what this fight in Michigan is all about? I spent over a decade running the largest Native American new site for the American Indian Movement and I definitely can spot a fools war. To say I am a little experienced at getting pissed on would be a understatement. In time remember who liked the tier… Read more »

I hate to say this, but there seems to be a concerted effort from the very beginning to sink any the benefits of the Tiered Registration Bill. Since I generally operate on good faith, it is difficult for me, I think, to not project this sense of openness and fair play onto others…but I think I have been wrong and naive. First there were the flurry of amendments by Lorena Gonzalez, most of which were turned back, but not the extension time, Static 99 and the confusion of hearings or not. Then, just last year, Senator Wiener attempted to introduce… Read more »

Janice, This is a major problem, a big huge ugly problem and your tiered registry is a f’ing disaster!!! People like myself, who possessed a few dozen photos, will now be considered a violent felon AND a sex offender. You put that together and the media and soccer moms everywhere will just have a field day with recrimination and further false narratives. I am moving to New York state where people with simple CP convictions are considered Low Risk and therefore NOT on the public registry. I will visit California often and not register because I will be a resident… Read more »

I see others are finally starting to see the point………. Little to late, but whatever…. Man have no choice but to move to Oregon I guess. My family is here and shit though…. Damn it to hell people!!!!!!!!!!! Dave hit it right on the money, and it is from experience as well “You guys in California will be complaining about tiers and be fighting in court for decades to get rid of tiers you are trying to get. Legislators have fun with tiers by adding things to each one to ultimately trap you on the registry forever with legal justifications… Read more »

The powers of bad intention have triggered everyone on this board and have you all lashing out and accusing one another and blaming. Think of the civil rights movement how ugly it got the closer they got towards equal rights. They faced dogs, fire hoses, jail, and assault. Look at our current presidential race how ugly people are getting, the lies and false accusations from both sides. Anytime an agenda driven force begins to lose some control or wants to gain control they get very nasty and stoop to ever lower tactics. This attempt at punitive, overreaching legislation is an… Read more »

The tiered registry is not a major victory. Although clearly, reasonable people can disagree. Reasonable people does not include politicians and the criminal regimes, they ALWAYS have an idiotic, adjunct agenda. I know ACSOL had a difficult decision with it and chose what they thought was best. I’m not going to hold that against them. I’m just thankful they are doing anything at all because they surely don’t have to. They could just disappear like anyone else. I wouldn’t mind seeing a comprehensive analysis of the pros and cons of a tiered Registry. If I had been making the decision,… Read more »

Ex-post facto with no due process. No individualized assessment. THIS IS EXACTLY what Michigan fought. Talk about a stigma. For many people they have spent decades on the list and have gone on with their lives the best they could. NOW old crimes become violent felonies, and all the BS that will come with that including many more homeless and many more unemployed. Guess there’s no criminal reform in California.

Bravo Eric! Great comment. It’s nice to see people point out all of the positive things that have transpired! We could still have expunged misdemeanor or any related offender banned from parks and beaches! Complaining, being negative and creating havoc on this site will get you no where. People need to be positive and I concur with your comment regarding the tier registry. There are thousands of law abiding citizens who can and will finally get the opportunity to better their lives. Let me also remind everyone that we have the most Liberal and open minded Governor who might have… Read more »

In favor of…
California Correctional Peace Officers Association Truth in American
Government Fund – $2,000,000
Job security for DOC workers.

I could be wrong, but looking online it looks like Jim Cooper is up for re-election in Nov also. If you research him on the internet, it looks like he’s pissed off A LOT of people. There are even print out-able PDFs on some civil liberties websites opposing him. I think we have to get moving to turn the tide against him for good. Los Angeles voted overwhelmingly for Measure R, I believe partially because of the support of celebs who believe in Criminal Justice Reform. I think we can get the word out there that this guy is trying… Read more »

My group lobbied Jim Cooper’s office last year in 2019. He is a puppet for law enforcement and at that time proudly had many photos displayed in his office with him posing, smiling and shaking hands with different law enforcement agencies. Whatever his motives may be those vast collection of photos only goes to show that he is selling out to the highest bidder and proud of it. Hopefully the ACLU or black lives matter will have wind of this and take a stand similar but better than with DA…Jackie Lacey in LA. One can hope and vote wisely.

@Laura

Why hope BLM or ACLU gets wind? Send it to them either with your name or not, but send it to them. Only 8 months until election day.

@Laura @TS
I agree. We need to get the word out ourselves. We need to contact our nearest ACLU offices and start a movement. I read in one article where Cooper’s opposition was stating that most people will just vote for him without thinking about what he’s done to others. Incumbents usually have that advantage.
Also, maybe the ACLU can get the attention of celebrities interested in Criminal Justice Reform like Mrs Kardashian West and Kanye West. They have a broad reach of fans who listen to them.

Or even Nicki Minaj, whose husband was just arrested for failure to register in California. He was put on the registry as a juvenile and hasn’t reoffended in 25 years.

This is just the beginning. This “tiered registry” will allow the legislature to impose all kinds of “civil penalties” on each of the three tiers (mostly at Tier 3) without the Ex Post Facto constitutional protection. We’re already seeing people at risk at being placed onto the Megan’s Law website because of this dumb law. Wait until they increase reporting requirements like most other states to twice a year or four times a year. Then watch how our Courts will interpret the “petitioning” process for the Tier 1’s and Tier 2’s that qualify to hopefully get off. Then watch how… Read more »

Only the legislature? Yes, the tiered registry certainly opens the possibility for the legislature to perpetually screw with the tiered law. But also think of the equally, if not more, dangerous scenario: The tiered registry delegates unchecked powers to CASOMB, the CA DOJ, and even the author of the ‘Coding Rules’ (ahm, Karl Hanson). At least in theory, the legislature has checks and balances, as well as committees. As for CASOMB, the CA DOJ, and most certainly Karl Hanson and his Coding Rules? Hardly so. CASOMB, CA DOJ, and the Static-99R ‘developers’ operate in the gray areas, with minimal transparency,… Read more »

Folks, please stop taking your frustrations toward the tiered registry out on Janice and ACSOL. Many of the comments seem to imply that Janice and ACSOL are happy with this current iteration of the tiered registry. However, nothing could be further from the truth! Janice and ACSOL are continuing to fight for an “offramp” from the registry for ALL registrants. In their current form, the tier assignments are so screwed up that there is actually a “wobbler” offense against a 14 or 15 y/o designated as a Tier 3 when a similar offense that is a straight felony against persons… Read more »

I think most people are upset because agreeing to a tiered registry gives the impression to the public and the powers that be that we (in general) think some form of the registry is ok and actually serves a purpose (public safety). Some of us saw these changes coming from a mile away we are just shocked it is happening so soon.

Indeed…Janice, Chance, ACSOL ect. are not the issue. It is the powers in place law enforcement, CDCR, politicians, DAs and uniformed citizens including those registrants as well as family/friends of the over 100K+ people listed on the CA registry who are not standing up where or when they can due to the fear, anxiety and stress those DAs, judges and politicians have brought about. However, the only way to win is to keep supporting Janice, Chance, ACSOL and others. Just imagine where registrants would be if Janice did not appear and fight years ago. Registrants would have to post halloween… Read more »

After reading thru all these posts a few times it occurs to me that this could be the thing that makes the whole thing collapse on itself. I agree, try to stay positive the governor would still have to sign it and I have confidence Brown is in Newsom’s ear about this. I tend to believe there are many on the assembly that think this is bs but can’t openly say it but will fight it quietly. We’ve all seen many bad laws go down don’t let this affect you mentally keep the faith. I really could give a shit… Read more »

Dear All: I am unhappy to say this, but I do not believe the Governor needs to sign a passed Proposition for it to become law. Newsom may well be on our side, more or less, but I think this is irrelevant to whether or not this becomes binding law. In other words, to be clear, this needs to be defeated at the ballot box or with a successful court challenge, always problematic at best….so it is necessary, I believe, to honestly know where we need to do on this. I hope and pray I am wrong regarding the Governor’s… Read more »

James I could have sworn there was some other proposition related to SOR‘s and it never got enforced.
I could be wrong.

Jessica’s Law pretty sure that was an initiative.

Prop 83 Jessica’s Law was signed into the law by Schwarzenegger FYI

Prop 83 was a ballot initiative and as such no governor’s signature.

Chelsea’s law was passed through the legislature and signed by our former governor

Yep. I certainly do not give a squirt of piss what other people think of me. I am grateful that the Registries gave that attitude to me. I don’t have to be concerned about Registry Supporters/Terrorists, their families, or anything about them. That is very freeing and makes life easier.

However, I’m not going to let them infringe on my life without paying for it. Everything they do to me and my family, I’m going to return in magnitudes.

Newsom is under pressure from the assembly. Back in October last year he signed ab 433 which was assemblyman James C Ramos’ bill. Ramos pushed his whole “native American” perpetual victim agenda and weakened Newsom’s position. AB 433 specifies a list of “probation notices” that victims get with regards to an offender getting their terms modified or changed. However it adds that the victim may opt out and that the notice will go to the prosecuting attorney instead. In practice that means that prosecutors can keep dragging people into court while playing keep away with their “victim”. Worse, it means… Read more »

The most important take away from all this is to VOTE against this ballot measure! Mount your own campaign, no matter how big or small, to do the same. I maybe on lifetime supervised release with a Federal CP conviction but I’m registered to vote. I voted against Jackie Lacey many days ago. That is my own little “GTFO public office” to her! Although she looks like she’s still clinging on to her office I will be there next election to vote against her again! As for this ballot measure I will be there in November with my friends and… Read more »

What is fraud mean?

fraud(Noun) Any act of deception carried out for the purpose of unfair, undeserved and/or unlawful gain. fraud(Noun) The assumption of a false identity to such deceptive end. fraud(Noun) A person who performs any such trick. fraud(Verb) To defraud.

The government are engaging in fraud, which, should be targeted in court.

First CP was begrudgingly moved from T1 to T3 as a bargaining chip for this new law.

Now they want to make those that possess CP a so-called “violent felon.”

Next they’ll want to make it criminal sexual conduct (CSC).

“Worse than rape” is their desired end game it seems.

what i am reading is that its for the purpose of early release and parole.

@ Facts Should Matter,
The issue of CP offenses being moved from Tier 1 to Tier 3 has nothing to do with bargaining. Lorena Gonzales-Fletcher wanted to squash the enter registry bill until Gov. Brown ordered her not too. She and only she, twisted her sick minded agenda and added CP to 3.
She is the evil person here and we have two more damn years with her hateful ass.

How did this initiative already end up on the November ballot in March? Isn’t there a substantial process required for stuff like this to make it onto the ballot? Can it be stopped from ever making it to the ballot in the first place?

@ab

Only takes enough petition signatures to make a ballot initiative for voting on.

The gist will always be that the supporters of the registry will enjoy priority in all of their efforts while those fighting it are given the cold shoulder and told to wait in line. Much respect to each of you on here and for all of your opinions, but in the end all the complaints won’t move the cause an inch. Keep the posts short, venting frustrations is just repeating what’s already on everyone else’s mind. You gotta get smart and tackle the issues in the right way. If it has to be a long fight, fine. You have to… Read more »

Ok, we have been down this road before my friends! Lets play the game the way they do!
so first things first: WHERE IN THIS PROPOSITION IS IT UNCONSTITUTIONAL!
LETS WORKED TOGETHER AND DO OUR RESEARCH AND FIND THE FLAW, THEN EXPOSE IT ON CA RSOL,
HOPEFULLY WE CAN GET THIS STUPID PROP. STOPPED BEFORE IT BECOMES ACTIVE!
because we all know this proposition will pass!!!! we have defeated them before lets do it again.:)

While I do not support this, the language (once you get into the meat and potatoes) states: For purposes of early release or parole consideration under the authority of Section 32 of Article I of the Constitution, Sections 12838.4 and 12838.5 of the Government Code, Sections 3000.1, 3041.5, 3041.7, 3052, 5000, 5054, 5055, 5076.2 of this Code and the rulemaking authority granted by Section 5058 of this Code, the following shall be defned as “violent felony offenses”: Sounds like just for the purpose of those seeking early release or parole. Obviously, it will be used for more. When they sell… Read more »

Thank you, Matthew. That makes it a little easier to understand.

Under Initiative design be sure to check out the crimes defined as violent tab and read the table carefully.

This really cements the deal for me to not move back to my home state of California. I guess I’d be considered a violent felon for looking at dirty pictures on my computer. Ha!Ha! Well at least I wouldn’t have had to serve prison time if my offense occured in Cali instead of this cesspool of Wisconsin but still, violent felon for pictures? Geesh.

@Jackson: Come out west to Oregon. They are much more reasonable here. No public listing unless you’re considered a predator, and the bar is pretty high for that designation. Majority (level 1 and 2) aren’t publicly listed.

I’m from CA originally too, and no way am I returning unless possession is dropped to tier 1.

@tired of this, were you convicted in CA? I may need to research a move to Oregon. Husband pled to Felony CP under the impression he could get it reduced… afterward found out that ended in 2014. Like many, he has no prior record at all, only a fix it ticket, he is educated and smart, just made a stupid choice. I want him off the public list, and if moving north up the coast to Oregon would make that happen, we can do it. Especially if that means our girls get a somewhat normal life.

Was his conviction prior to 2014? If so, hes grandfathered in and can get both a reduction and expungement. Also, I believe the reduction change didnt happen until 2015. 2014 was when it was added to no expungement list.

Unfortunately he pled in 2017. I don’t know if the attorney just didn’t bother to look up the new statutes or what, but he was very clear about at least getting it reduced and getting a COR for removal from the registry after 7 years.. Nothing we can do now about the attorney’s error, but to add to it now that he can be labeled as a violent felon, and now a tier 3 because the laws change. It’s ridiculous.

Just venting I guess.

I was in same boat. Judge didn’t allow 17b but did allow 1203.4 which took me off the public listing.
If it was before 2014 area and he paid probation with no issues and paid his fees, he will be be granted a 1203.4 in which he can say he was never convicted of a felony.

Any particular reason you were denied the reduction? Was it because your conviction was post it becoming a straight felony?

@AnonMom

Any chance you, your husband, and anybody else could vote against the ballot measure in November before you take the Oregan Trail?

@Matthew “Judge didn’t allow 17b but did allow 1203.4 which took me off the public listing. If it was before 2014 area and he paid probation with no issues and paid his fees, he will be be granted a 1203.4 in which he can say he was never convicted of a felony.” I’m not 100% sure, but if you only get the 1203.4 but not the 17b, then you may still be considered to have been convicted of a felony. I think you always want the 17b and then the 1203.4 if you’re qualified for both. If you were denied… Read more »

@anonmom: yes, I was convicted in CA (federal court), in 2004. I’m not aware of there being any concern with date of conviction in your originating state as far as relocating to OR. With his cp conviction he won’t be public here. I’ve lived in two other states besides CA before moving here and this is by far the closest to a normal life I’ve had as a registrant.

@Bill yes, he is on probation until dec, so no getting out before then anyway. He is also eligible to vote, and he does not miss the opportunity to do so now that he knows how it feels to have his rights taken away. I’ve already started to inform my family of this bill and to vote against it. When I put it in the context of my husband, those close to us seem to understand the absurdity of it. I am, and will continue to speak against this. @Tired- thank you for that information. Someone had told us he… Read more »

@ Matthew, A 1203.4 means your case has been dismissed and you can say you were never convicted. This will also remove you from being posted online, provided you’re eligible. Yet, your charge remains a felony and this is important for other legal reasons. A 17B is a felony reduction to a misdemeanor. This can restore your gun rights. With the new tiered scheme in California, a reduction should place you into a tier 1, which carries a 10-year duty to register. An underlying positive piece of information in the granting of a 17B is that the state of California… Read more »

@AnonMom I was convicted of CP 311.11(a) as a felony in August 2017, LA County. In August 2019 judge approved 17b reducing felony to misdemeanor, but denied terminating probation, except that probation was changed to Informal for the balance of 3 years. The key is being granted probation and not prison for the 17b to work. 311 is not a straight felony, because probation was granted in lieu of over 12 months prison time. 311.11 is not eligible for a dismissal after 2014, though. Advantage of getting the charge reduced is that I am now off the Megan’s Law site… Read more »

That’s an interesting little factoid about being able to get the 17b for 311.11. It became a straight felony in 2015, but I guess if you’re still given probation it gets around the change and gives the judge discretion of actually reducing it? Right now, that seems way bigger deal than being able to get 1203.4. One does almost nothing for us, while the other can absolutely be a path to freedom.

@Anonmom, was the COR promise in writing or was it just verbal? Anything in writing in a plea agreement (and in some cases otherwise) is going to fall under Santobello v. New York. “when a plea rests in any significant degree on a promise or agreement of a prosecutor so that it can be said to be a part of inducement or consideration such promise must be fulfilled.”

@JS can you share your attorneys name? I can provide an email if you don’t want to post here. I would love to speak with them. My husband still has 8 months of probation if we could switch to informal that would be great. Unfortunately we are in riverside county and I don’t know if that would make a big difference. He served 1 month (really 2 weeks) in County, and worked the rest of the 200 days off in work release. He has had no issues with probation, all fees paid. He has always had good relationships with his… Read more »

@MC no the attorney knew better than to do it in writing. I have a firm understanding of legal procedure and the courts, but we were given.l no time to research. DA gave offer and my husband only had the conference time with his attorney to make a decision. But he told us this at the time of decision to take the plea, then a month later when my husband surrendered.

I think part of the sentencing was a suspended sentence to be honest. I was such a nervous wreck, i honestly dont remember.

Absolutely! Oregon is my 2nd choice but I plan to go to Massachusetts because I have relatives there, they don’t publically list and their cost of housing (believe it or not) is far lower in the western (Birkshire Mountains) part of the state than most places in Oregon and California. It’s just the Boston area and eastern Mass that have insane housing prices. But Oregon is a beautiful place with nice people. When I was a skinny black kid in my 20s, I left Inglewood and moved up to Salem for the summer of 1990. The people were wonderful, the… Read more »

@Jackson

Will you at least vote against the measure by November before heading out of CA? In fact, do you have any family or friends who think the Registry is BS that will vote against it as well?

I have been researching this, and I really believe this if passed will eventually find it’s way to the California Supreme Court, where it is likely to be found unconstitutional. This law if passed will effectively without due process, employ a sentencing enhancement that did not exist when we were sentenced.

@ Steve…Thank you, yes, ex-post facto without due process, and no individual assessment. It would be hard to believe that this is constitutional.

Yes, and I was specifically declared non-violent by the judge during re-sentencing hearing in order to get my half time. What are they going to revoke my status, call me a violent offender and send me back to the pen to do the other 35%, the rest of the 85% for violent offenses? Or are they just going to try and use this prospectively in order to try and bypass the constitutionality of it like they have with everything else. As long as it is not retroactive its all cool, no one will stand up if its not retro you… Read more »

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