Sex offenses: registration.

Existing law, as amended by Proposition 35 as approved by the voters at the November 6, 2012, statewide general election, requires persons convicted of specified sex offenses, 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. The Legislature may amend Proposition 35 by a statute passed in each house by a majority vote. This bill would add to the list of offenses requiring registration, the offense of rape in cases where the victim submits to an act of sexual intercourse under the belief that the person committing the act is someone known to the victim other than the accused and the offense of rape in cases where the act is accomplished against the victim's will by threatening the use of the authority of a public official to incarcerate, arrest, or deport the victim or another. By imposing additional duties on local authorities, and by requiring additional persons to be registered as sex offenders, who, if they fail to do so commit a crime, this bill would create a state-mandated local program. This bill would incorporate additional changes to Section 290 of the Penal Code proposed by SB 384 to be operative only if this bill and SB 384 are enacted and this bill is enacted last. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.