California 2017-2018 Regular Session Status: Passed Senate 1 D cosponsors

SB 421 — Sex offenders: registration: criminal offender record information systems.

Last action — September 1 hearing: Held in committee and under submission.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion. This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also revise the criteria for exclusion from the Internet Web site. Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense. This bill would require that information to include sentence enhancement data elements. Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders. This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.

Bill Text

Action History

  1. September 1 hearing: Held in committee and under submission.

  2. August 23 set for first hearing. Placed on APPR. suspense file.

  3. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

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

  5. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (July 11).

  6. Referred to Com. on PUB. S.

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

  8. Read third time. Passed. (Ayes 27. Noes 11. Page 1325.) Ordered to the Assembly.

  9. Published May 26 at 10 a.m.

  10. Read second time and amended. Ordered to third reading.

  11. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1184.) (May 25).

  12. Set for hearing May 25.

  13. May 15 hearing: Placed on APPR. suspense file.

  14. Set for hearing May 15.

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 855.) (April 25). Re-referred to Com. on APPR.

  16. Re-referred to Com. on PUB. S.

  17. Set for hearing April 25 in PUB. S. pending receipt.

  18. Re-referred to Com. on RLS.

  19. Withdrawn from committee.

  20. April 19 set for first hearing canceled at the request of author.

  21. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  22. Set for hearing April 19.

  23. Re-referred to Coms. on GOV. & F. and T. & H.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  25. Referred to Com. on RLS.

  26. From printer. May be acted upon on or after March 18.

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

Sponsors

  • Mitchell · Cosponsor
  • Anderson · Cosponsor
  • Skinner · Cosponsor
  • Scott D. Wiener · Primary

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on · 5 voted No

Sponsors (1)

Co-sponsors (3)

  • Mitchell
  • Anderson
  • Skinner

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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

3rd Reading SB421 Wiener et al.

Passed 27 Yea · 11 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231002
Democratic 4100
Total 271102
% of votes cast 68%28%0%5%
How each member voted (40)
Member Party Vote
Hernandez — Yea
Hill — Yea
Mendoza — Yea
Morrell — Nay
Nielsen — Nay
Dodd — Yea
Hertzberg — Yea
Lara — Not Voting
Skinner — Yea
Portantino — Not Voting
Atkins — Yea
Mitchell — Yea
Allen — Yea
De León — Yea
Cannella — Nay
Glazer — Nay
Hueso — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Newman — Nay
Pan — Yea
Anderson — Yea
Bates — Nay
Beall — Yea
Bradford — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Nay
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 421 do?
Existing law requires persons convicted of specified sex offenses and certain acts of human trafficking for purposes of committing various sex offenses or extortion, as specified, or attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. Existing law requires the Department of Justice to make available to the public information concerning registered sex offenders on an Internet Web site, as specified. Existing law requires that information to include, among other things, whether the offender was subsequently incarcerated for another felony. Existing law also authorizes a person to file an application for exclusion from the Internet Web site and establishes the requirements for exclusion. This bill would, commencing January 1, 2021, instead establish 3 tiers of registration based on specified criteria, for periods of at least 10 years, at least 20 years, and life, respectively, for a conviction of specified sex offenses, and 5 years and 10 years for tiers one and two, respectively, for an adjudication as a ward of the juvenile court for specified sex offenses, as specified. The bill would allow the Department of Justice to place a person in a tier-to-be-determined category for a maximum period of 24 months if his or her appropriate tier designation cannot be immediately ascertained. The bill would establish procedures for termination from the sex offender registry for a registered sex offender who is a tier one or tier two offender and who completes his or her mandated minimum registration period under specified conditions. The bill would require the offender to file a petition at the expiration of his or her minimum registration period and would authorize the district attorney to request a hearing on the petition if the petitioner has not fulfilled the requirement of successful tier completion, as specified. The bill would establish procedures for a person required to register as a tier three offender based solely on his or her risk level to petition the court for termination from the registry after 20 years from release of custody, if certain criteria are met. The bill would also revise the criteria for exclusion from the Internet Web site. Existing law requires all basic information stored in state or local criminal offender record information systems to be recorded in the form of specified data elements, including the disposition of the offense. This bill would require that information to include sentence enhancement data elements. Existing law establishes the Sex Offender Management Board within the jurisdiction of the Department of Corrections and Rehabilitation. Existing law requires the board to address issues, concerns, and problems related to the community management of adult sex offenders. This bill would instead require the board to address any issues, concerns, and problems related to the community management of all sex offenders.
Who sponsors SB 421?
SB 421 is sponsored by Mitchell, Anderson, Skinner, and Wiener, Scott D. (Democratic).
What is the current status of SB 421?
This bill died with 2017-2018 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 421?
Track SB 421 free on One Click Politics — get push/email alerts when it moves.

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