California Proposition 83 (2006)

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Proposition 83 of 2006 (also known as the Sexual Predator Punishment and Control Act: Jessica's Law or simply, Jessica's Law) was a statute enacted by 70% of California voters on November 7, 2006, authored by State Senator George Runner (R-Antelope Valley) and State Assemblywoman Sharon Runner (R-Antelope Valley). It was proposed by means of the initiative process as a version of the Jessica's Law proposals that had been considered in other states.

Statute Formal written document that creates law

A statute is a formal written enactment of a legislative authority that governs a city, state, or country. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.

California State of the United States of America

California is a state in the Pacific Region of the United States. With 39.6 million residents, California is the most populous U.S. state and the third-largest by area. The state capital is Sacramento. The Greater Los Angeles Area and the San Francisco Bay Area are the nation's second and fifth most populous urban regions, with 18.7 million and 8.8 million residents respectively. Los Angeles is California's most populous city, and the country's second most populous, after New York City. California also has the nation's most populous county, Los Angeles County, and its largest county by area, San Bernardino County. The City and County of San Francisco is both the country's second-most densely populated major city after New York City and the fifth-most densely populated county, behind only four of the five New York City boroughs.

George Runner American politician

George C. Runner, Jr. is an American politician from California who served on the California State Board of Equalization, the only publicly elected tax commission in the United States. A Republican, he represented the Board's 1st District from 2015 to 2019.

Contents

Provisions

The Act was a lengthy and complex measure that made many changes to the California Penal Code and the Welfare and Institutions Code. Its provisions increased the penalties for sex offenders, broadened the definition of certain sexual offenses, eliminated good time credits for early release of certain offenders, prohibited probation for certain crimes, extended parole for some offenses, increased court-imposed fees on sex offenders and provided for lifelong GPS monitoring of high risk sex offenders. The law also barred convicted sex offenders from living within 2,000 feet of a school or any place where children gather—effectively blocking them from living in the vast majority of the areas of large California cities, until the provision was found unconstitutional by Supreme Court of California in March 2015. [1] Under the law, a sex offender with a minimum of one victim and any previous criminal history may be civilly committed for an indefinite period. [2]

California Penal Code

The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then.

The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The official Codes are maintained by the California Office of Legislative Counsel for the Legislature. The Legislative Counsel also publishes the official text of the Codes publicly at leginfo.legislature.ca.gov.

Probation in criminal law is a period of supervision over an offender, ordered by the court instead of serving time in prison.

Initiative campaign

The law was sponsored by husband and wife legislators State Senator George Runner (R-Antelope Valley) and State Assemblywoman Sharon Runner (R-Antelope Valley). It was supported by Governor Schwarzenegger and law enforcement throughout the state. California Attorneys for Criminal Justice (a criminal defense attorneys association) opposed Proposition 83 and wrote the opposing argument for the voter pamphlet. They argued the restrictions would cause problems with finding a place of residence for freed convicts. [3]

Republican Party (United States) political party in the United States

The Republican Party, also referred to as the GOP, is one of the two major political parties in the United States; the other is its historic rival, the Democratic Party.

Antelope Valley

Antelope Valley is located in northern Los Angeles County, California, and the southeast portion of Kern County, California, and constitutes the western tip of the Mojave Desert. It is situated between the Tehachapi and the San Gabriel Mountains. The valley was named for the pronghorns that roamed there until they were all but eliminated in the 1880s, mostly by hunting, or resettled in other areas. The principal cities in the Antelope Valley are Palmdale and Lancaster.

Sharon Runner American politician

Sharon Runner was an American politician. She was a Republican California State Senator, who represented the 21st Senate District at the time of her death, and previously represented the 17th Senate District from 2011 to 2012. She was also a member of the California State Assembly from 2002 to 2008, representing the 36th district. She was the wife of California State Board of Equalization Member George Runner. From 2004 to 2008, then-Senator George Runner and then-Assemblywoman Sharon Runner were the first husband and wife in California history to serve concurrently in the California State Legislature.

Result of vote

Proposition 83 [4]
Choice Votes %
Yes check.svg Yes5,926,80070.5
No 2,483,597 29.5
Total votes8,410,397100.00

Enforcement

In November 2006, enforcement of the new law was initially blocked in four counties by U.S. District Judge Susan Illston who ruled in a lawsuit filed by an existing offender based on its retroactive nature. [5] However, three months later, U.S. District Judge Jeffrey White dismissed that lawsuit. [6] In 2010, the Supreme Court of California ruled that the residency requirements of Jessica's Law could be applied retroactively. [7] On September 12, 2012, a state appeals court blocked enforcement of the residency requirements of Jessica's Law for all paroled sex offenders in San Diego County, affirming a lower court ruling, stating that it was an unconstitutional blanket condition of parole that "limits the housing choices of all sex offenders identically, without regard to the type of victim or the risk of reoffending." [8] During 2014 RSOL's Californian chapter CA RSOL sued over 20 municipalities [9] in federal court over sex offender ordinances [10] [11] [12] causing at least 44 other municipalities to either repeal or quit enforcing their ordinances in order to avoid litigation. [13] In March 2015 Supreme Court of California deemed blanket residency restrictions unconstitutional citing their counterproductive effect and unfairness. [1]

Susan Illston American judge

Susan Yvonne Illston is a San Francisco, California-based Senior United States District Judge of the United States District Court for the Northern District of California, which lies within the jurisdiction of the United States Court of Appeals for the Ninth Circuit.

Jeffrey White American judge

Jeffrey Steven White is a United States District Judge of the United States District Court for the Northern District of California.

Supreme Court of California the highest court in the U.S. state of California

The Supreme Court of California is the highest and final court in the courts of the State of California. It resides in the State Building in San Francisco in Civic Center overlooking Civic Center Square along with City Hall. It also holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.

The California Department of Corrections and Rehabilitation (CDCR) has stated that every registered sex offender paroled after the law's passage in 2006 is wearing a GPS device. [14] However, CDCR is responsible for only 11% of California's sex offenders statewide, [14] and "only a fraction of the state's registered sex offenders wear a GPS unit". [15]

California Department of Corrections and Rehabilitation agency in California

The California Department of Corrections and Rehabilitation (CDCR) is responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacramento.

Related Research Articles

In the United States, habitual offender laws were first implemented on March 7, 1994 and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person guilty of committing both a severe violent felony and two other previous convictions to serve a mandatory life sentence in prison. The purpose of the laws is to drastically increase the punishment of those convicted of more than two serious crimes.

Same-sex marriage is legal in the U.S. state of California, and first became so on June 16, 2008, when the state began issuing marriage licenses to same-sex couples as the result of the Supreme Court of California ruling in In re Marriage Cases, which found that barring same-sex couples from marriage violated the state's Constitution. The issuance of those licenses was halted during the period of November 5, 2008 through June 27, 2013 due to the passage of Proposition 8—a state constitutional amendment barring same-sex marriages. The granting of same-sex marriages recommenced following the United States Supreme Court decision in Hollingsworth v. Perry, which restored the effect of a federal district court ruling that overturned Proposition 8 as unconstitutional.

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2000 California Proposition 21

California Proposition 21, known also as Prop 21, was a proposition proposed and passed in 2000 that increased a variety of criminal penalties for crimes committed by youth and incorporated many youth offenders into the adult criminal justice system. Major provisions of the proposition, as summarized by Attorney General of California are:

Jessicas Law

Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to protect potential victims and reduce a sexual offender's ability to re-offend. A version of Jessica's Law, known as the Jessica Lunsford Act, was introduced at the federal level in 2005 but was never enacted into law by Congress.

2006 California elections

The California state elections, 2006 took place on November 7, 2006. Necessary primary elections were held on June 6. Among the elections that took place were all the seats of the California's State Assembly, 20 seats of the State Senate, seven constitutional officers, and all the seats of the Board of Equalization. Votes on retention of two Supreme Court justices and various Courts of Appeal judges were also held. Five propositions were also up for approval.

2008 California Proposition 5

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A sex offender registry is a system in various countries designed to allow government authorities to keep track of the activities of sex offenders, including those who have completed their criminal sentences. In some jurisdictions, where sex offender registration can, registration is accompanied by residential address notification requirements. In many jurisdictions, registered sex offenders are subject to additional restrictions, including on housing. Those on parole or probation may be subject to restrictions that do not apply to other parolees or probationers. Sometimes, these include restrictions on being in the presence of underage persons, living in proximity to a school or day care center, owning toys or items targeted towards children, or using the Internet. Sex offender registries exist in many English-speaking countries, including Australia, Canada, New Zealand, the United States, Trinidad and Tobago, Jamaica, South Africa, the United Kingdom, Israel and the Republic of Ireland. The United States is the only country with a registry that is publicly accessible; all other countries in the English-speaking world have sex offender registries only accessible by law enforcement.

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November 2012 California elections

The California state elections was held on Election Day, November 6, 2012. On the ballot were eleven propositions, various parties' nominees for the United States presidency, the Class I Senator to the United States Senate, all of California's seats to the House of Representatives, all of the seats of the State Assembly, and all odd-numbered seats of the State Senate.

LGBT rights in Arkansas

Lesbian, gay, bisexual, and transgender (LGBT) persons in the U.S. state of Arkansas may face some legal challenges not experienced by non-LGBT residents. Same-sex sexual activity is legal in Arkansas. Same-sex marriage in Arkansas became briefly legal through a court ruling on May 9, 2014, subject to court stays and appeals. In June 2015, the U.S. Supreme Court ruled in Obergefell v. Hodges that laws banning same-sex marriage are unconstitutional, legalizing same-sex marriage in the United States nationwide including in Arkansas. Discrimination on the basis of sexual orientation and gender identity is not banned statewide in Arkansas.

2014 California Proposition 47

Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.

National Association for Rational Sexual Offense Laws organization

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Sex offender registries in the United States

Sex offender registries in the United States exist at both the federal and state levels. Registries contain information about persons convicted of sexual offenses for law enforcement and public notification purposes. All 50 states and the District of Columbia maintain sex offender registries that are open to the public via websites, although information on some offenders is visible to law enforcement only. According to NCMEC, as of 2016 there were 859,500 registered sex offenders in United States.

Constitutionality of sex offender registries in the United States Legal status in the United States

Constitutionality of sex offender registries in the United States have been challenged on a number of constitutional and other bases, generating substantial amount of case law. The Supreme Court of the United States has upheld sex offender registration laws each of the two times such laws have been examined by them. Those challenging the sex offender registration and related restriction statutes have claimed violations of ex post facto, due process, cruel and unusual punishment, equal protection and search and seizure. A study published in fall 2015 found that statistics cited in two U.S. Supreme Court decisions that are often cited in decisions upholding the constitutionality of sex offender policies are unfounded. Several challenges to some parts of state level sex offender laws have been honored after hearing at the state level.

Movement to reform sex offender laws in the United States

The movement to reform sex offender laws in the United States describes the efforts of individuals and organizations to change state laws requiring Sex offender registries in the United States. Efforts fall into two main categories, advocacy for reform of statutory rape laws that may require a teenager to register as a sex offender for consensual sexual acts involving a younger teen, and broader efforts to modify sex offender registration laws based upon their sometimes dramatic impact on a convicted sex offender and belief that they provide little benefit for public safety.

Alliance for Constitutional Sex Offense Laws

Alliance for Constitutional Sex Offense Laws (ACSOL) is a civil rights, legal reform, and support organization, with offices in Los Angeles and Sacramento, that is dedicated to protecting the Constitution by restoring the civil rights of registrants and their families. ACSOL was formerly known as California Reform Sex Offender Laws.

2016 California Proposition 57

Proposition 57 was a initiated California ballot proposition, approved on the November 8, 2016 ballot. The Proposition allows parole consideration for nonviolent felons, changes policies on juvenile prosecution, and authorizes sentence credits for rehabilitation, good behavior, and education.

References

  1. 1 2 "Housing Restrictions For Sex Offenders Unconstitutional, California Court Rules". The Huffington Post.
  2. ↑ "IN THE NEWS: California court upholds indeterminate commitment of Sexually Violent Predators". forensicpsychologist.blogspot.com. 16 November 2007. Retrieved 9 April 2018.
  3. ↑ "Arguments supporting and opposing Proposition 83". ca.gov. Retrieved 9 April 2018.
  4. ↑ "Proposition 83: Sex Offender Reform". California Secretary of State. 2006-12-14. Archived from the original (PDF) on 2011-07-21.
  5. ↑ Prop. 83 buffer zone for sex criminals blocked November 9, 2006
  6. ↑ Jennifer Warren (February 24, 2007). "Prop. 83 rulings leave a gray area". Los Angeles Times . p. 2.
  7. ↑ Maura Dolan (February 1, 2010). "'Jessica's Law' can be applied retroactively, state Supreme Court decides". Los Angeles Times .
  8. ↑ "In re Taylor". justia.com. Retrieved 9 April 2018.
  9. ↑ Johnson, Shea (Oct 21, 2014). "County sued over sex offender ordinance". Daily Press. Retrieved 14 November 2014.
  10. ↑ Belluci, Janice (21 July 2013). "CA RSOL Challenges El Dorado County Sex Offender Ordinance". In Eldorado County News. Retrieved 14 November 2014.
  11. ↑ Howes, Rebecca (April 24, 2014). "Attorney files sex offender lawsuit against Lompoc". Lompoc Record. Retrieved 14 November 2014.
  12. ↑ Case, Stephanie (September 19, 2013). "City of Orange Sued Over Sex Offender Halloween Restrictions". KTLA 5. Retrieved 14 November 2014.
  13. ↑ Nelson, Joe (10 November 2014). "SPECIAL REPORT: Pair seeks repeal of sex-offender laws in California". Daily Breeze. Retrieved 14 November 2014.
  14. 1 2 "Sex Offender Information". California Department of Corrections and Rehabilitation.
  15. ↑ "GPS monitoring of sex offenders is useful, but limited, experts say". nctimes.com. Retrieved 9 April 2018.
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