California 2015-2016 Regular Session Status: Enacted 1 D cosponsors

SB 448 — Sex offenders: Internet identifiers.

Last action — Chaptered by Secretary of State. Chapter 772, Statutes of 2016.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2015. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law, the Californians Against Sexual Exploitation Act, an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election (CASE Act) , requires a person who is subject to the Sex Offender Registration Act (the Act) to list any and all Internet identifiers established or used by the person and any and all Internet service providers used by the person on his or her sex offender registration. The CASE Act requires a person subject to sex offender registration to send written notice of any addition of, or change to, an Internet identifier or Internet service provider to the law enforcement agency with which he or she is currently registered within 24 hours. Existing case law currently enjoins the application of the above provisions of the CASE Act through the imposition of a preliminary injunction on the grounds that these provisions violate the First Amendment to the United States Constitution. The CASE Act allows its provisions to be amended by a statute in furtherance of its objectives passed in each house of the Legislature by a majority vote of the membership. This bill would state the intent of the Legislature to amend the CASE Act to further its objectives. The bill would delete the requirement that a person subject to sex offender registration list on his or her sex offender registration all Internet service providers used by him or her. The bill would require a person who is convicted of a felony on or after January 1, 2017, that requires registration pursuant to the Act, and one or more specified circumstances, including that the person used the Internet to collect any private information to identify a victim of the crime to further the commission of the crime, to register his or her Internet identifiers, as defined, and to send written notice to the law enforcement agency or agencies with which he or she is currently registered within 30 days of establishing or changing an Internet identifier, as specified. The bill would require a law enforcement agency to which this information has been submitted to make the information available to the Department of Justice. The bill would require a designated law enforcement entity to only use an Internet identifier submitted pursuant to these provisions, or to release that Internet identifier to another law enforcement entity, for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking. The bill would prohibit a designated law enforcement entity from disclosing or authorizing persons or entities to disclose an Internet identifier submitted pursuant to these provisions to the public or other persons, except as required by court order. Existing law makes a person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the act guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. This bill would make a person who fails to provide his or her Internet identifiers, as required by the bill, regardless of the offense upon which the duty to register is based, guilty of a misdemeanor punishable in a county jail not exceeding 6 months. By creating a new crime, the bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 772, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 5358.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 79. Noes 0. Page 6099.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered to second reading.

  9. From committee: Do pass as amended. (Ayes 20. Noes 0.) (August 11).

  10. Joint Rule 62(a) suspended.

  11. August 10 set for first hearing. Placed on APPR. suspense file.

  12. Re-referred to Com. on APPR. pursuant to Assembly Rule 77.2.

  13. Ordered to third reading.

  14. Read third time and amended. (Ayes 74. Noes 0. Page 5642.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 21).

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  19. (Ayes 77. Noes 0. Page 3103.)

  20. Art. IV. Sec. 8(b) of the Constitution dispensed with.

  21. Joint Rule 61(a) suspended. (Ayes 75. Noes 0. Page 3102.)

  22. Referred to Com. on PUB. S.

  23. In Assembly. Read first time. Held at Desk.

  24. Read third time. Urgency clause adopted. Passed. (Ayes 39. Noes 0. Page 2363.) Ordered to the Assembly.

  25. Read second time. Ordered to third reading.

  26. From committee: Do pass. (Ayes 7. Noes 0. Page 2216.) (August 27).

  27. August 24 hearing: Placed on APPR. suspense file.

  28. Set for hearing August 24.

  29. Read second time and amended. Re-referred to Com. on APPR.

  30. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 1960.) (July 14).

  31. Set for hearing July 14.

  32. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  33. April 21 set for second hearing canceled at the request of author.

  34. Set for hearing April 21.

  35. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  36. April 14 set for first hearing canceled at the request of author.

  37. Set for hearing April 14.

  38. Referred to Coms. on PUB. S. and APPR.

  39. From printer. May be acted upon on or after March 28.

  40. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Runner · Cosponsor
  • Galgiani · Cosponsor
  • Hall · Cosponsor
  • Hueso · Primary
  • Mathis · Cosponsor
  • Lena A. Gonzalez · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on

Sponsors (1)

  • Hueso

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB448 Hueso Concurrence

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Block — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Monning — Yea
Pavley — Yea
Wolk — Yea
Fuller — Yea
Galgiani — Yea
Hall — Yea
Hernandez — Yea
Cannella — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Wieckowski — Yea
Huff — Yea
Leyva — Yea
Roth — Yea
Vidak — Yea
Glazer — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 448 Hueso Senate Third Reading By JONES-SAWYER

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Maienschein — Yea
Mathis — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Waldron — Yea
Chang — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Salas — Yea
Harper — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Low — Yea
Mayes — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
McCarty — Yea
O'Donnell — Yea
Olsen — Yea
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Hadley — Yea
Atkins — Yea
Campos — Yea
Bonilla — Yea
Lopez — Yea
Gray — Not Voting
Holden — Yea
Chávez — Yea
Dababneh — Yea
Bigelow — Yea
Dodd — Yea
Jones-Sawyer — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Santiago — Yea
Wagner — Yea
Wood — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Santiago — Yea
Weber — Yea
Eggman — Yea
Bonilla — Yea
Obernolte — Yea
Wagner — Yea
Chang — Yea
Holden — Yea
McCarty — Yea
Bigelow — Yea
Daly — Yea
Quirk — Yea
Wood — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

SB 448 Hueso Senate Third Reading Amend By JONES-SAWYER Set #1

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 64006
Democratic 5000
Republican 5000
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Harper — Not Voting
Jones-Sawyer — Yea
Mullin — Yea
Obernolte — Yea
Thurmond — Yea
Eggman — Not Voting
Frazier — Yea
Gatto — Yea
Chávez — Yea
Low — Yea
Achadjian — Yea
Alejo — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Olsen — Yea
Wagner — Yea
Salas — Yea
Bonilla — Yea
Holden — Yea
Maienschein — Yea
Gray — Yea
McCarty — Yea
Nazarian — Yea
Lopez — Yea
O'Donnell — Yea
Rendon — Yea
Ridley-Thomas — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Burke — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Daly — Yea
Dodd — Yea
Atkins — Yea
Campos — Not Voting
Chang — Yea
Chau — Yea
Chu — Yea
Dababneh — Not Voting
Hadley — Yea
Baker — Yea
Kim — Yea
Levine — Yea
Linder — Not Voting
Mathis — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Williams — Yea
Wood — Yea
Gomez — Yea
Gordon — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Jones-Sawyer — Yea
Low — Yea
Santiago — Yea
Lopez — Yea
Melendez — Yea
Quirk — Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading (Urgency Clause)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hancock — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Pavley — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Hall — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hernandez — Yea
Hertzberg — Yea
Beall — Yea
Hueso — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Huff — Yea
Moorlach — Not Voting
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Beall — Yea
Hill — Yea
Lara — Yea
Bates — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea
Beall — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 448 do?
Existing law, the Californians Against Sexual Exploitation Act, an initiative measure enacted by the approval of Proposition 35 at the November 6, 2012, statewide general election (CASE Act) , requires a person who is subject to the Sex Offender Registration Act (the Act) to list any and all Internet identifiers established or used by the person and any and all Internet service providers used by the person on his or her sex offender registration. The CASE Act requires a person subject to sex offender registration to send written notice of any addition of, or change to, an Internet identifier or Internet service provider to the law enforcement agency with which he or she is currently registered within 24 hours. Existing case law currently enjoins the application of the above provisions of the CASE Act through the imposition of a preliminary injunction on the grounds that these provisions violate the First Amendment to the United States Constitution. The CASE Act allows its provisions to be amended by a statute in furtherance of its objectives passed in each house of the Legislature by a majority vote of the membership. This bill would state the intent of the Legislature to amend the CASE Act to further its objectives. The bill would delete the requirement that a person subject to sex offender registration list on his or her sex offender registration all Internet service providers used by him or her. The bill would require a person who is convicted of a felony on or after January 1, 2017, that requires registration pursuant to the Act, and one or more specified circumstances, including that the person used the Internet to collect any private information to identify a victim of the crime to further the commission of the crime, to register his or her Internet identifiers, as defined, and to send written notice to the law enforcement agency or agencies with which he or she is currently registered within 30 days of establishing or changing an Internet identifier, as specified. The bill would require a law enforcement agency to which this information has been submitted to make the information available to the Department of Justice. The bill would require a designated law enforcement entity to only use an Internet identifier submitted pursuant to these provisions, or to release that Internet identifier to another law enforcement entity, for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking. The bill would prohibit a designated law enforcement entity from disclosing or authorizing persons or entities to disclose an Internet identifier submitted pursuant to these provisions to the public or other persons, except as required by court order. Existing law makes a person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the act guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. This bill would make a person who fails to provide his or her Internet identifiers, as required by the bill, regardless of the offense upon which the duty to register is based, guilty of a misdemeanor punishable in a county jail not exceeding 6 months. By creating a new crime, the bill would impose a state-mandated local program. The bill would make other technical, nonsubstantive changes. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.
Who sponsors SB 448?
SB 448 is sponsored by Runner, Galgiani, Hall, Hueso, Mathis, and Gonzalez, Lena A. (Democratic).
What is the current status of SB 448?
This bill has been enacted into law. Introduced February 25, 2015. Enacted.
Where can I track SB 448?
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