SB-145 Sex Offender Addendum

Be on the look out for this one! As per the bill being introduced. In a nut shell, if an 18 year old rapes an 8 year old, under this inclusion to 290.5 the convicted WILL NOT have to register as a sex offender in the state of California. If you oppose, contact Senator Wiener and relay your concerns; his office information can be found here!


For those of us who have children, especially daughters might have a harder time accepting such an addition to the sex offender penal code. Is this the type of legislation we are used to coming out of San Fransisco District Office?


CA Legislation Home Page


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Sex Offender Penal Code 290.5


SECTION 1. Section 290.55 is added to the Penal Code, immediately following Section 290.5, to read:

290.55. (a) A person convicted of an offense specified in subdivision (b) may, by writ of mandate, seek discretionary relief from the duty, imposed as a result of that conviction, to register pursuant to the act if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth. (b) This section applies to the offenses described in subdivision (b) of Section 286, subdivision (b) of Section 287, Section 288.3, and subdivisions (h) and (i) of Section 289.


In the state of California you now must be 21 to purchase a firearm, but at the 18 years old if you commit a felony crime such as rape while considered a legal adult, registering as a sex offender is not required.


"Effective January 1, 2019, licensed firearms dealers will also generally be prohibited from selling or transferring firearms of any type to people under 21, unless the recipient is a member of the Armed Forces or law enforcement. These restrictions apply to private party firearm sales or transfers conducted through a licensed dealer, pursuant to California law. State law does, however, permit certain sales or transfers to occur without a licensed dealer, such as between immediate family members."


At this point, I am unsure of the reasoning behind the introduction of this bill; perhaps we can get more details from Senator Wiener's office as I have made an inquiry.

David Scalise MSCS, MSPA

Thousand Oaks, CA 91362

 

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