AB22 - Crime.

Amended IN Assembly April 01, 2025 Amended IN Assembly March 24, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 22 Introduced by Assembly Member DeMaio December 02, 2024 An act to amend Section 290 of the Penal Code, and to amend Sections 653.5, 707.2, 727, 828.1, 1753.3, 1767.1, and 6608.5 of, to add Section 6609.4 to, and to repeal and add Sections 602 and 707 of, the Welfare and Institutions Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST AB 22, as amended, DeMaio. Crime. (1) Existing law, the Sex Offender Registration Act, requires a person convicted of one of certain crimes, as specified, to register with law enforcement as a sex offender while residing in California or while attending school or working in California, as specified. A willful failure to register, as required by the act, is a misdemeanor or felony, depending on the underlying offense. Existing law exempts a person convicted of certain offenses involving a minor from mandatory registration under the act if, at the time of the offense, the person is not more than 10 years older than the minor and if that offense is the only one requiring the person to register. This bill would repeal that exemption. (2) Existing law, as amended by Proposition 57, an initiative measure approved by the voters at the November 8, 2016, statewide general election, removed the requirement that a person 14 years of age or older who commits certain severe crimes be automatically tried in adult court and requires that specified youth have a transfer hearing in juvenile court before they can be transferred to adult court. Proposition 57 also limited the criteria for which a juvenile transfer hearing may occur, including a youth committing specified crimes when they were 14 or 15 years of age or a felony when they were 16 or 17 years of age. This bill would repeal the changes enacted by Proposition 57. The bill would also make technical and conforming changes. (3) Existing law defines a sexually violent predator as a person who has been convicted of a sexually violent offense and has a diagnosed mental disorder that makes the person a danger to others in that they are likely to engage in sexually violent criminal behavior. Existing law provides for the civil commitment of a person who is determined to be a sexually violent predator. Existing law establishes a procedure by which a person committed as a sexually violent predator may petition for conditional release and requires the court, if it makes a specified determination, to place the person on conditional release. Existing law generally requires that a person released on conditional release pursuant to these provisions be placed in the person’s county of domicile prior to their incarceration unless extraordinary circumstances exist requiring placement outside the county, as specified. Existing law also prohibits the placement of a person released on conditional release within 1 / 4 mile of any public or private school, as specified. The bill would require the State Department of State Hospitals to ensure department vendors consider public safety as the overriding consideration in the placement of a conditionally released sexually violent predator and approve a potential placement before a department employee or vendor signs a lease or rental agreement for the placement of a sexually violent predator, as specified. The bill would prohibit the placement of a person released on conditional release within an area zoned for residential use in the general plan of a city or county. county and within 3 miles of tribal land, except as specified. The bill would require the department to have proof of housing before conditionally releasing a sexually violent predator. (4) This bill would require the Secretary of State to submit the provisions of the bill that amend the initiative statute to the electors for their approval at the next statewide primary election. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 290 of the Penal Code is amended to read: 290. (a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act. (b) Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing the person’s residence within, any city, county, or city and county, or campus in which the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law. (c) The following persons shall register: (1) A person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape, or any act punishable under Section 286, 287, 288, or 289 or former Section 288a, Section 207 or 209 committed with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of former Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former Section 288a, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision. (2) (A) A person who is 18 years of age or older, is convicted on or after January 1, 2025, of a violation of paragraph (2) of subdivision (l) of Section 647, and has a prior conviction for a violation of subparagraph (A) of paragraph (2) of subdivision (l) of Section 647 shall register if, at the time of the offense, the person was more than 10 years older than the solicited minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. (B) This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006. (d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows: (1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3). (2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately. (B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3). (3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies: (A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5. (B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (C) The person was convicted of violating any of the following: (i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a. (ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a. (iii) Section 220. (iv) Subdivision (b) of Section 266h. (v) Subdivision (b) of Section 266i. (vi) Section 266j. (vii) Section 267. (viii) Section 269. (ix) Subdivision (b) or (c) of Section 288. (x) Section 288.2. (xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289. (xii) Section 288.4. (xiii) Section 288.5. (xiv) Section 288.7. (xv) Subdivision (c) of Section 653f. (xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61. (D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument. (E) The person is a habitual sex offender pursuant to Section 667.71. (F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately. (G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61. (H) The person is required to register pursuant to Section 290.004. (I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1. (J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4. (K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264. (L) The person was convicted of violating paragraph (1) of subdivision (a) of former Section 262. (M) The person was convicted of violating Section 264.1. (N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272. (O) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 286. (P) The person was convicted of violating paragraph (2) of subdivision (c) or subdivision (d), (f), or (i) of Section 287 or former Section 288a. (Q) The person was convicted of violating paragraph (1) of subdivision (a) or subdivision (d), (e), or (j) of Section 289. (R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10. (4) (A) A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c). (B) If the person’s duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies: (i) The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument. (ii) The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7. (iii) The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (5) (A) The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if the appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit toward the mandated minimum registration period for any period for which the individual registers. (B) The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within 24 months of the individual’s placement in the tier-to-be-determined category. (e) The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitmen [Text truncated for display. Full text available on Congress.gov.]