A lawsuit was filed this week in Sacramento Superior Court challenging the application of a tiered registry law provision that has resulted in individuals being assigned to Tier 3, the highest tier, even though their felony conviction was reduced to a misdemeanor. Specifically, the lawsuit is seeking relief for an individual convicted of a felony violation of Penal Code Section 288.2 that was later reduced to a misdemeanor.
According to the lawsuit, the individual should not have been assigned to Tier 3 or to any tier, but instead should have his requirement to register automatically terminated. The lawsuit seeks relief not only for one individual, but for every individual in similar circumstances.
“The Tiered Registry Law amended all registration requirements when it became effective in January 2021,” stated ACSOL Executive Director Janice Bellucci. “The change that is significant in this case is that the amended law clearly states that only those convicted of a felony violation of PC 288.2 are required to register.”
The lawsuit also asserts that the reduction of a felony offense to a misdemeanor is for all purposes, including the Tiered Registry Law. The defendant in the lawsuit is Attorney General Rob Bonta, who is being sued in his official capacity.
“This lawsuit is the second lawsuit filed in which a provision of the Tiered Registry Law is being challenged,” stated Bellucci. “Because the legislature refuses to modify the Tiered Registry Law, it is necessary to challenge in court provisions of that law as well as their application.”
The first lawsuit challenging a provision of the Tiered Registry Law that assigns individuals convicted of Penal Code Section 288(c) was filed in Sacramento Superior Court on February 17, 2021. The Court granted the government’s demurrer motion on October 13, 2021, which in essence dismissed the case. An appeal of the Court’s decision is currently pending.
I wish much success to this lawsuit – just one of many legal challenges to chip away at the Tiered Registry.
Sounds like a solid argument. So, how about those with a 1203.4? Technically, there is no conviction any longer, and Sb384 points out the offenses that one is convicted of. So, if there is no conviction, should they also be relieved from the duty to register?
I’m on this boat. I was never listed on the site and all of a sudden after 7 years I’m Tier 3 and have all my info publicly listed. Even though I got 17b and 1203.4 3 years ago.
I’m devastated. I’m in a very precarious position, in a new job of 5 months, if someone gets curious about me I’m basically toast.
I’ve been feeling like I did back when this first happened. I get nervous when I see a police car, feeling down and generally hopeless. At this point I should be looking forward to 3 more years before getting off but instead I’m in a worse position than ever.
Excellent. Janice bellucci is the only attorney out there worth a damn.
Oh, wow! That’s a checkmate lawsuit! Showed instances why a felony reduction didn’t qualify for relief from the registry due to date of conviction, but in this case the felony reduction occurred prior to the new implementation of the 290 law. The new tiered registry is new law, not an extension of previous law.
I pray this and the 288c1 lawsuits are won.
Well, more so all this bullshit ends, that I’ll me able to clear my name, get a 1203.4, and so on, but small steps will help.
I know of this particular topic, but does any one know if there is a status check on a termination petition? I submitted my paperwork with a public defender Aug 15 2021. 6 months & not anything from doj or legal documentation, my b-day is 7 31 of this year & I don’t want to register again *25 years* now, is it possible public defender never filed or should I file that petition with another court & hlger some kind of ( receipt ) or file status with a case #? get anxious because b-day is approaching really fast, any advice? *thank you*
GOOD LUCK TO ALL
This is a huge step in correcting one of the many injustices of the registry. Thank you Janice!
Can I get some advice ? I have been designated “Tier to be Determined” what can I do next ?
Is it possible that a writ of amigus Curus be writing and ride the coat tail of this case.. That a petitioner who had no risk status should not be place in a risk status unless though the courts with the jurisdiction of conviction. and automatically be removed from any other requirement or continuance to register.
Case was filed on Feb 14, 2022. Is there a court date to look forward to about this lawsuit?