AB 759

Current law requires the Department of Corrections (DOC) to maintain active

lifetime global positioning system (GPS) tracking of sex offenders who have been

committed as sexually violent persons and certain sex offenders who have committed

specified sex offenses against a child. DOC must also, if necessary to protect public

safety, create for these sex offenders areas that they are prohibited from entering or

areas that they are prohibited from leaving. A person who violates such a prohibition

is subject to a $200 forfeiture.

Under this bill, if the crime that led to the GPS tracking requirement is a level

1 child sex offense or if the person is found to be a sexually violent person, DOC must

generally prohibit the person, while he or she is on parole, probation, extended

supervision, conditional release, or supervised release, from entering certain areas

including any area where persons under 16 years of age congregate, including

schools, day care centers, playgrounds, parks, and published school bus stops. If a

person violates the prohibition, his or her release is revoked and he or she is guilty

of a Class I felony. In addition, under this bill, if the crime that led to the GPS

tracking requirement is a level 1 child sex offense and if the tracked person enters

or leaves an area that DOC prohibited him or her from entering or from leaving to

protect public safety, the person's release is also revoked.

This bill also prohibits a political subdivision (a city, village, town, or county)

from enacting or enforcing an ordinance or resolution that specifically affects the

placement or residency of, or areas that may not be entered or exited by, a registered

sex offender.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report concerning the proposed penalty and the costs or savings that are likely to

result if the bill is enacted.