Bill Text: CA AB2208 | 2009-2010 | Regular Session | Amended

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Bill Title: Sex offenders: social networking prohibition.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-05-28 - In committee: Set, second hearing. Held under submission. [AB2208 Detail]

Download: California-2009-AB2208-Amended.html

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BILL NUMBER: AB 2208	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 27, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Torres
   (Coauthors: Assembly Members  Portantino  
Galgiani,  Portantino,  and Solorio)
   (Coauthors: Senators Correa and Florez)

                        FEBRUARY 18, 2010

   An act to amend Section 290.015 of, and to add Section 290.96 to,
the Penal Code, relating to sex offenders.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2208, as amended, Torres. Sex offenders: social networking
prohibition.
   Existing law requires persons who have been convicted of specified
crimes, and other persons as required by a court, to register as a
sex offender. Existing law sets forth the procedure for doing so and
provides that a violation of the sex offender registration law is a
crime, punishable as specified.
   This bill would, in addition, make it a misdemeanor for any person
who is on probation or parole for the conviction of a crime that
requires him or her to register as a sex offender to use any Internet
social networking Web site, as defined, during that period of
probation or parole if the victim of the offense was under 18 years
of age at the time of the offense or the Internet was used in the
commission of the crime. The bill would authorize the person to seek
an exception to the prohibition for legitimate professional purposes
by applying through the appropriate parole or probation supervising
agency. Approval would be valid for one year, unless revoked. The
bill would authorize an annual application for renewal. By creating a
new crime, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 290.015 of the Penal Code is amended to read:
   290.015.  (a) A person who is subject to the Act shall register,
or reregister if the person has previously registered, upon release
from incarceration, placement, commitment, or release on probation
pursuant to subdivision (b) of Section 290. This section shall not
apply to a person who is incarcerated for less than 30 days if he or
she has registered as required by the Act, he or she returns after
incarceration to the last registered address, and the annual update
of registration that is required to occur within five working days of
his or her birthday, pursuant to subdivision (a) of Section 290.012,
did not fall within that incarceration period. The registration
shall consist of all of the following:
   (1) (A) A statement in writing signed by the person, giving
information as shall be required by the Department of Justice and
giving the name and address of the person's employer, and the address
of the person's place of employment if that is different from the
employer's main address.
   (B) The statement shall include a notice, if applicable, that the
person is prohibited from using any Internet social networking Web
site pursuant to Section 290.96.
   (2) The fingerprints and a current photograph of the person taken
by the registering official.
   (3) The license plate number of any vehicle owned by, regularly
driven by, or registered in the name of the person.
   (4) Notice to the person that, in addition to the requirements of
the Act, he or she may have a duty to register in any other state
where he or she may relocate.
   (5) Copies of adequate proof of residence, which shall be limited
to a California driver's license, California identification card,
recent rent or utility receipt, printed personalized checks or other
recent banking documents showing that person's name and address, or
any other information that the registering official believes is
reliable. If the person has no residence and no reasonable
expectation of obtaining a residence in the foreseeable future, the
person shall so advise the registering official and shall sign a
statement provided by the registering official stating that fact.
Upon presentation of proof of residence to the registering official
or a signed statement that the person has no residence, the person
shall be allowed to register. If the person claims that he or she has
a residence but does not have any proof of residence, he or she
shall be allowed to register but shall furnish proof of residence
within 30 days of the date he or she is allowed to register. 

   (6) All e-mail addresses and Internet identifiers that the person
currently uses or will use, within five days of establishing a new
account. 
   (b)  (1)    Within three days
thereafter, the registering law enforcement agency or agencies shall
forward the statement, fingerprints, photograph  , e-mail
addresses, Internet identifiers,  and vehicle license plate
number, if any, to the Department of Justice. 
   (2) The Department of Justice may release e-mail addresses of
Section 290 registrants to Internet social networking Web sites to
allow those Internet Web sites to conduct searches and purges of
those e-mail addresses and users from their Internet Web sites,
provided that the Internet social networking Web sites share all
lists of purged e-mail addresses with the Department of Justice who
can then report noncompliant registrants to the appropriate
authorities. 
  SEC. 2.  Section 290.96 is added to the Penal Code, to read:
   290.96.  (a)  Commencing January 1, 2011, except 
 Except  as provided in subdivision (c), in any case in
which a defendant is granted probation or  placed on  parole
for the conviction of an offense that requires him or her to
register as a sex offender pursuant to Section 290, and either (1)
the victim of the offense was under 18 years of age at the time of
the offense, or (2) the Internet was used in the commission of the
crime, that defendant shall be prohibited from accessing an Internet
social networking Web site during the period of time he or she is on
probation or parole.
   (b) Any person who violates this section is guilty of a
misdemeanor punishable by imprisonment in a county jail for not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that imprisonment and fine.
   (c) Any person who is prohibited from accessing an Internet social
networking Web site pursuant to subdivision (a) and who seeks an
exception to the prohibition to use an Internet social networking Web
site for legitimate professional purposes may apply for an exception
to the prohibition through the appropriate parole or probation
supervising agency when that person is on parole or probation.
Approval shall be valid for one year unless revoked by the
supervising agency with notice to the person required to register.
The person may apply to renew the exception annually.
   (d) For the purposes of this section, "Internet social networking
Web site" is defined as an Internet Web site that does all of the
following:
   (1) Allows users, through the creation of Internet Web pages or
profiles or by other means, to provide information about themselves
that is available to the public or to other users.
   (2) Offers a mechanism for communication with other users where
those users are likely to include a substantial number of minors.
   (3) Has as its primary purpose the facilitation of online social
interactions.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.