A lawsuit was filed in Los Angeles Superior Court on June 16 challenging a provision of the California Tiered Registry Law. Specifically, a registrant is challenging his assignment to Tier 3 based upon his conviction for violating Penal Code Section 288(c)(1). According to the lawsuit, the registrant’s tier assignment violates the equal protection clause of the state constitution. The lawsuit requests that the court prohibit the California Department of Justice from assigning individuals convicted of Section 288(c)(1) to Tier 3.
After his original conviction of a felony violation of Section 288(c)(1), the plaintiff obtained a reduction of that offense to a misdemeanor. In addition, the plaintiff later obtained a certificate of rehabilitation.
The lawsuit notes that individuals convicted of more severe offenses than Section 288(c)(1) have been assigned to a lower tier, that is, to either Tier 1 or Tier 2. For example, individuals convicted of violating Section 288(a) are assigned to Tier 2 after being found guilty of committing the same acts but with a victim of a different age. Specifically, the victim of those convicted of Section 288(a) is under 14 while the victim of those convicted of Section 288(c) is older — 14 or 15.
A similar lawsuit was filed in February 2021 in Sacramento Superior Court. The judge in that case granted the government’s demurrer and therefore the merits of the case were not decided. A notice of appeal has been filed in the Sacramento case and the opening brief of the appeal is due next month.
I am confused. If he received a COR, why is he registering at all? A COR was the only way (besides a Pardon) to get relief. When did he receive the COR? Before SB384?
Is there a record of the demure motion filed from 2021 available? It’d be nice to see it in context. Best of luck with the new filing.
I will be happy to see these lawsuits move forward so the statute’s stupidity can be corrected.👍🏻
Congratulations Janice and ACSOL. Everyone of these people that get off the registry is because of your work. I know the tiered registry is a work in progress, and I am hoping that those of us with a simple CP offense will be able to get some relief in the future, and not to be condemned for life on it.
im in the same boat with this guy except for the COR. Can I join this lawsuit or wait it out
In a previous equal protection case, about 12 years ago, the remedy was NOT to grant relief to the person complaining of unfair treatment (and the others who fit the “unfair” situation) but to impose similar conditions on all the others with the “other” offense. An unintended consequence, but a troubling precedent. What happens to those who are tier 2 now 288(a), but under the potential change could become be reclassified as tier 3?
I wouldn’t hold my breath. It’s all about control, and they’re not going to give it up.
They don’t care about the Constitution, in fact they hate it and us. Control will have to be wrested from their claws.
This is absurd! He should be off the registry now!
Why isn’t there any movement going on in Texas with this registration shit? Ms Janice Bellucci can you inquire anything from any lawyers or ACLU in Texas. I’ve emailed probably 15 to 20 or the last 8 months and not one has replied.