Proposition 83			00.00 10/05
	Summary
	Submitted as: "The Sexual Predator Punishment and Control Act:  Jessica's Law"
	Type:  Amendment to the Penal Code and Welfare and Institutions Code
	Subject:  Change to Monitoring Methods and Extent of Punishment for illegal sexual acts.
	Submitters:  Richard Gann, George Runner, Sharon Runner
	Supporting Organization:
		Name:	Campaign for Child Safety, Jessica's Law 2006 921 11th Street, Suite 400 Sacramento, CA 95814
		Email: info at 83yes.com
		Web Site: www.83yes.com
		Phone:916.443.2024
	Opposing Organization:
		Name:	California Attorneys for Criminal Justice 1225 Eighth Street #150 Sacramento, CA 95814
		Email: gailjonescacj at sbcglobal.net
		Web Site: www.cacj.org
		Phone: 916.448.8868
	Measure 83 broadens the definition of various sorts of sex crimes, increases their level of punishment and makes it harder to be paroled.
	Definitions are broadened in these ways:
		Rape, spousal rape, and lewd acts with a child under 14 are specifically added to the list of sex crimes in places where they had previously just been implied.
		Use of a threat to retaliate in future is added as a contributing factor to commission of a sex crime, in places where it was not specifically mentioned before.
		The presence of certain sexual crime components boosts certain crimes from felonies to violent felonies (see 667.5).
		The age difference for aggravated sexual assault on a child is reduced, from 10 to 7 years.
		Sexual predator is redefined as a person who has been convicted of a sexually violent offense against one or more persons; previously it was two.  Convictions resulting in commitment to the Youth Authority are expressly added.
		Sexual violence is modified to include certain sex crimes committed with a person under the age of 14.  This used to require "substantial sexual conduct", which was tightly defined.
		First time possession of media involving sexual conduct by a child is made a felony when before it was a public offense.
		Contact or communication with a child, very broadly defined, is added as a contributing factor to a long list of crimes mostly, but not entirely, sexual in nature (see 288.3).
	Punishments are broadened in these ways:
		The broadened definition of "sex crime" is applied to kidnapping associated with a sex crime, which gets life imprisonment with possibility of parole.
		Burglary in the first degree associated with a sex crime now gets life imprisonment with possibility of parole, if associated with a sex crime.
		Punishments for certain crimes committed in association with communication with a child (288.3) now require imprisonment, and persons previously convicted of such crimes get an additional 5 years added to the current sentence.  Addition of this added sentence used to be forbidden if the person had served time, and been clear of jail time or convictions for the last 10 years.  This exception is removed.  Spousal rape and aggravated sexual assault on a child are added to the list of crimes which must get this additional sentence.
		Punishments for a long list of sex crimes (see 667.6 (e)) are to be of required minimum length, depending upon several factors.  A current conviction for one of these crimes, along with a single prior conviction for any crime on the list, must receive an extra five years in the sentence.  If there have been two or more prior convictions, an additional ten years for each such conviction must be added to the sentence.  It such increase is imposed, the court may also levy a fine of $20,000, to be paid to the Victim-Witness Assistance Fund.
		667.61, which includes a list of substantial sex crimes (c) and 2 lists of special circumstances ((d) and (e)), is changed to establish minimum sentences.  Commission of any of the listed offenses, given even one of the circumstances in (d), or two or more of the circumstances in (e), gets 25 years minimum.  Commission of any of the listed offenses, given even one of the circumstances in (e), gets 15 years minimum.  Judges may not dismiss such cases once they are brought to trial, or strike any circumstances.  Probation is specifically denied.
		Persons who administer a controlled substance to the victim in the commission of certain sex crimes are liable to an additional term of five years.
		Persons convicted for a third time of lewd and lascivious behavior with a child, or sexual abuse of a child, must be imprisoned for 15 years to life.
		Persons using a firearm, or inflicting great bodily harm, in the commission of certain sex crimes may not be granted probation..
		Persons sentenced to life for a sex crime and later paroled, must serve a parole term of ten years, rather than the current five.
		Registered sex offenders (and murderers) released on parole must be monitored by a global positioning system for the term of their parole.
		An individual who has been convicted of committing or attempting to commit a registerable sex offense and released on parole per 3000 or 3000.1 shall be monitored by a global positioning system for life.
		Habitual sexual offenders (those convicted two or more times of certain sex crimes) must receive a sentence of 25 years to life.
		First time possession of media involving sexual conduct by a child, now a felony, is now punishable by incarceration in state prison, as well as county jail.  If there was a prior conviction for committing, or attempting to commit various sex crimes, incarceration must be in state prison.
		Fines imposed on sex criminals are increased, from $200 to $300 for a first conviction, and from $300 to $500 for a second conviction.
		Registered sex offenders may not live within 2000 feet of any public or private school, or "park where children regularly gather."
		Consecutive sentences must be imposed if the crime involves a sex offense and involves separate victims or multiple offenses against the same victim, for:
			Aggravated Sexual Assault
	Persons found to be sexually violent predators may be committed to the custody of  the State Department of Mental Health for an indeterminate term (used to be a maximum of two years).  A report of the person's status must be prepared every year, considering the desirability of release.  A copy of the report must go to the prosecutor and to the person.  If the report determines that the person no longer meets the definition of a sexual predator, the person is authorized to petition for release, with copies of the petition going to the original court and prosecutor.  This is followed by a show cause hearing and if that is successful a hearing on the issue of release itself.  The burden of proof is on the state to prove that the person continues to be a danger.  If the court rules in favor, the person must be unconditionally released.  If not, the person is recommitted, for another indeterminate term.
	[Back to All Initiatives]