The California legislature has passed a bill, Senate Bill 118, that modifies some provisions of the Tiered Registry Law set to take effect next year. The Governor signed the bill into law on August 6, 2020.
“The provision within Senate Bill 118 that will affect the greatest number of people can be found in Section 11 which requires that registrants must wait to file their petition after their next birthday following July 1, 2021,” stated ACSOL Executive Director Janice Bellucci. “As a result, anyone whose birthday is January 1 through June 30 will not be able to file their petition until the month of their birthday in 2022.”
This provision of Senate Bill 118 was originally a provision in Assembly Bill 88 which is no longer viable.
In addition to the birthday provision, Senate Bill 118 adds a requirement that registering law enforcement agencies must notify the California Department of Justice (CA DOJ) when they receive a petition. Further, the bill requires courts to notify CA DOJ when they grant or deny a petition.
Finally, Senate Bill 118 clarifies when an individual assigned to Tier 2 may file a petition after only 10 years as well as when an individual assigned to Tier 3 may file a petition after 20 years.
Clarification is always good!
I would really wish to see a path for people who have had cases dismissed via 1203.4 get off the registry. As well as an “off ramp” every one.
Rome wasn’t built in a day, as they say. Let’s keep fighting!
So, if I understand this CP now has an off ramp sort of? How does this square with the new crap the feds are trying?
Whoa… There’s a lot to take in from the pdf.
I saw this in the bill:
*** Start of excerpt ***
SEC. 16. Section 1203.425 of the Penal Code is amended to read:
1203.425. (a) (1)
(A) Commencing July 1, 2022, and subject to an appropriation in the annual Budget Act, on a monthly basis, the Department of Justice shall review the records in the statewide criminal justice databases, and based on information in the state summary criminal history repository and the Supervised Release File, shall identify persons with convictions that meet the criteria set forth in subparagraph (B) and are eligible for automatic conviction record relief.
(B) A person is eligible for automatic conviction relief pursuant to this section if they meet all of the following conditions:
… (i) The person is not required to register pursuant to the Sex Offender Registration Act.
… (ii) The person does not have an active record for local, state, or federal supervision in the Supervised Release File.
… (iii) Based upon the information available in the department’s record, including disposition dates and sentencing terms, it does not appear that the person is currently serving a sentence for an offense and there is no indication of pending criminal charges.
… (iv) Except as otherwise provided in subclause (III) of clause (v), there is no indication that the conviction resulted in a sentence of incarceration in the state prison.
… (v) The conviction occurred on or after January 1, 2021, and meets either of the following criteria:
…….. (I) The defendant was sentenced to probation and, based upon the disposition date and the term of probation specified in the department’s records, appears to have completed their term of probation without
revocation.
…….. (II) The defendant was convicted of an infraction or misdemeanor, was not granted probation, and, based upon the disposition date and the term specified in the department’s records, the defendant appears to have completed their sentence, and at least one calendar year has elapsed since the date of judgment.
*** End of excerpt ***
Whoaaaaaaaaaaaaaaaa!!!
This is for a monthly review to grant automatic conviction relief? Does this remove the ability to petition for 1203.4 automatic case dismissal?
I found my answer reading further down. (This is really confusing.)
*** Start of Excerpt ***
1203.425. (b) (7)
A person denied relief pursuant to this section may continue to be eligible for relief pursuant to Section 1203.4 or 1203.4a. If the court subsequently grants relief pursuant to one of those sections, the court shall
furnish a disposition report to the Department of Justice pursuant to Section 13151, stating that relief was granted pursuant to the applicable section, and the department shall grant relief pursuant to that section.
*** End of Excerpt ***
This means registrants have to file a petition for 1203.4 if you were given probation. I don’t comprehend the segregation of this bill to omit registrants from the automatic process? It forces registrants to enter the court house as well as possibly hiring lawyers. It sure feels like legal segregation. The registry was supposed to only make one available for a lineup, but now it’s used to treat us as separate entities that require different rules.
The silver lining here is that the DA or probation cannot deny you your 1203.4 petition as this bill only looks at the automatic process where the DA or probation can deny it due to public safety. Once you fulfill all 1203.4 requirements successfully, then you automatically earn the ‘expungement’. At least, that’s how I read the bill.
Question: I was under the impression that some on Tier 2 will have to register for 20yrs but can request to be taken off of the public registry after 10 years, is this correct? Also, will this bill limit his ability to make this request an we’ll have to wait until after July 1,2022? My husband’s birthday is before 7/1/2021 and was caught up in a sting, already had record expunged. We were hoping we could petition tobe taken off of the public registry as soon as the law passed while we wait for him to be able to be taken off completely.
So will teir 1 appear on the megan’s site on 1/1/2022. I fall under the January 1st-June birthday so won’t be able to petition until 2022.
So for clarification: if your birthday is in November, you can still do your petition for removal after July 1 2021?
Today I had my annual, and I spoke to the officer about getting my tier come January. He informed me that come Jan, I’ll need to go to my local court to Subpoena the court and the city where I register to get the process started. Once the court contacts the city, they will then send out the information needed for the court to make designation of my tier. He said that process can take up to 60 days depending on how many people issue subpoenas. My case will be out of Pomona but my city is La Verne, has anyone else heard of this procedure?
My husband was convicted of 288a. He is coming up on 20 years out of prison, the following excerpt says “(B) has registered for 20 years pursuant to subdivision (e) of Section 290; except that a person required to register for a conviction pursuant to Section 288”. If I understand this he is not eligible to ever petition to be removed from the registry. Correct?
Dph, Carrie, and many of you all wondering about this tier issue which in many ways or is a bunch of man made hocky puck in many uncallous area’s. As mentioned in one article I am clasiffied as level III so something isn’t right in this sex registry issue of man-made status.
Petitioning is everybodies’ right or does the bible give one the wisdom and advice to say dropping the Atom Bomb was right.
If thats the case what came out of the Women’s sufferage movement of 1912 and did it bring better understanding to all or should one remember Mollie Prichard or Rosie the riveter or is the sex offender and the ordeal of just a class by itself in this human sufferage many go thru or does government have its own penilty box to overthrow or the human wisdom of like what Brandon said “human cow dong”