California Bill Could Shorten Sex Offender Registry for Some Offenders

A proposed bill written by California Senator Scott Wiener is causing a fair amount of controversy. The bill aims to restructure the state’s sex offender registry by assigning levels of severity to sex crimes.

In its current form, the measure would categorize sex offenders into three tiers. Tier 1 would include misdemeanor and non-violent sex offenders. These offenders would only need to be on the sex offender registry for 10 years, provided they do not commit another offense. Tier 2 would include more serious offenses, and individuals in the tier 2 category would stay on the registry for 20 years. Tier 3 would be reserved for the most serious offenses, including most sex crimes that involved violence. Those who commit violent sex crimes will remain on the list for the rest of their lives. If the bill is passed and signed into law, it will apply to future sex offenders as well as the over 100,000 individuals already registered.

Is Change Necessary?

The purpose of the bill is to limit the number of registered sex offenders so that the sex offender list provides a more accurate depiction of the real danger different offenders pose. Senator Weiner also wants offenders to have an opportunity to turn their lives around. “If someone, particularly the lower level offenders, if they’ve lived a clean life for 10, 20, even 30 years, there’s no point in keeping them on the registry,” Weiner said.

As it stands now, individuals who are forced to register as the result of sex crime conviction or plea deal typically must remain on the list for life. Many advocates of the proposed measure believe that not all sex crimes should be treated equally. For example, should a 19-year-old who has sex with a 17-year-old be a registered sex offender for life? Others believe that there should not be a distinction between different types of offenders and that offenders should not have the opportunity to ever be removed from the list.

Consequences of Lifetime Registration

Those who are on the sex offender registry face serious consequences for being on the list. Individuals on the sex registry are not only limited to where they can live and work but are also heavily scrutinized in the court of public opinion. Some individuals are even threatened or assaulted by neighbors who see their name and address online. Thus, those who have been convicted of relatively minor sex crimes are often lumped in with dangerous predators with an established pattern of destructive behavior.

Proponents point out that the bill would allow law enforcement to focus on higher risk offenders. Time spent on annual re-registration paperwork for low-risk sex offenders could instead be spent on investigating new crimes.

Facing Sex Offender Registration?

If you have been charged with a sex crime and you are concerned about being required to register as a sex offender, an experienced San Jose criminal defense lawyer can help. Call 408-277-0377 for a confidential consultation with Wesley J. Schroeder, Attorney at Law. We will work with you in exploring your options and help you protect your future.

Sources:

http://www.latimes.com/politics/la-pol-ca-sex-offender-registry-20170618-story.html

http://www.kcra.com/article/proposed-ca-bill-could-take-some-convicted-sex-offenders-off-registry/9557092