ACSOL: CA: Currently individuals convicted of PC 261.5, unlawful sexual intercourse with a minor are not required to register regardless of the age gap. SB1128 would make them register.

Jul 4
Up to 32,000 people could be added to the California registry if Senate Bill 1128 is enacted into law, according to the California Department of Justice. That is because the bill would require individuals convicted of Penal Code Section 261.5, unlawful sexual intercourse with a minor, to register if the age gap was 10 years or more.

Currently individuals convicted of PC 261.5, unlawful sexual intercourse with a minor are not required to register regardless of the age gap. If enacted into law, the bill would be applied retroactively.

“If this bill is enacted into law, individuals convicted decades ago could be required to register for the first time,” stated ACSOL Executive Director Janice Bellucci. “Therefore, we must stop Senate Bill 1128 as soon as possible.”

According to the California Sex Offender Management Board (CASOMB), there would be a “significant cost” to state and local governments if SB 1128 became law. The bill would also unwind the stated purpose of the Tiered Registry Law, according to one CASOMB member. That purpose was to reduce what was previously considered a bloated state registry. Another CASOMB member added that passage of SB 1128 would set 32,000 people “up to fail” and make their lives as unstable as possible due to housing and employment challenges.
The co-authors of Senate Bill 1128 are Senator Anthony Portantino of the San Fernando Valley and Assemblymember Blanca Rubio of West Covina. Both legislators are Democrats. SB 1128 was introduced on February 13 and the Senate passed the bill on May 23. Senator Scott Wiener, author of the Tiered Registry Bill, voted against SB 1128 both during a Senate Public Safety committee hearing and on the floor of the Senate.

SB 1128 has been referred to the Assembly Public Safety Committee which will next consider the bill. That Committee, however, has not yet set a hearing date.

“We must oppose Senate Bill 1128 in order to prevent the addition of more than 30,000 people to the registry,” stated Bellucci. “ACSOL leaders will soon prepare a strategy to stop this bill and that information will be shared on this website as well as sent by email and text.”
Members of the California Sex Offender Management Board discussed SB 1128 during its meeting today. The Board plans to issue a point paper regarding possible impacts of the bill upon individuals convicted of PC 261.5 as well as state and local governments.

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