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Biggest Changes Under SB 384
California’s Senate Bill 384 has made various changes to current laws regarding sex offenses. The focus of these changes is to create better mandates for sex offenders through a new and improved system. Knowing how SB 384 changes the sex offender laws is vital when being falsely charged with committing such offenses. That’s why you should read through the following article before contacting San Diego, CA’s top criminal defense lawyer to help you.
What changes does California’s SB 384 introduce?
Senate Bill 384 will replace California’s existing laws regarding sex offenses and offenders. The single biggest change is the introduction of a new three-tier system in place of current lifetime registration of all sex offenders, regardless of the severity of the crime they were convicted of. The goal of these changes is to make the system more efficient for the law enforcement and to remove the unfairness of the system toward low-level offenders.
- Potential for removal from the registry: This bill entails is the potential for certain convicted criminals that fall into the first or second category to be deleted from the database for sex offenders. However, this is only possible upon successful completion of the ten or twenty years of their registration term.
Although all sex offenders have to register with the CSAR database, low-level offenders will receive the opportunity to apply and potentially remove their name from the law enforcement registry.
- Requirements for removal: However, it is important to emphasize that sex offenders will not receive automatic removal from the registry upon completion of their tier under the new system.
What’s more, having their names removed is not a guarantee, since they have to successfully complete their petition and process for removal. The offenders first have to petition the juvenile of superior court to terminate their registry requirements once their mandated registration period expires.
Once the court receives the petition, it will review the request within 60 days. If the offender had no additional convictions for other crimes during the mandatory period, and if they complied with all other requirements regarding sex offenders, the court can approve the removal of their name from the list of offenders.
What is the three-tier system?
This system takes specific criteria into consideration, including the entire criminal background of the offender, the seriousness of their committed sexual offense, and their recidivism potential. Based on this information, the law recognizes three categories, or tiers, of sex offenders:
- Tier one: This is the category reserved for low-risk offenders and is the least severe. It can include crimes of misdemeanor sexual battery. This tier requires the offender to remain in the registry for a minimum of 10 years for adults and 5 years for juveniles.
- Tier two: This tier is for mid-level offenders who committed crimes of lascivious and lewd behavior. The minimal period of registration for these individuals is 20 years for adults and 10 years for juveniles.
- Tier three: This is the category for high-level offenders that committed more serious crimes, for example human trafficking. Individuals who fall into this category have to face lifelong registration, meaning the system doesn’t change for them.
Who is San Diego, CA’s foremost criminal defense lawyer?
The SB 384 has introduced many changes into existing laws and legislations governing sexual offenses and it’s vital to become familiar with the details of California’s SB 384 and what it’s designed to do. Thee biggest goal behind this Senate Bill is to significantly reduce incidents of sexual abuse across the entire state of Calfornia and help officials apprehend perpetrators as much as this law allows it. But what if you’ve been wrongly accused?
That’s when you need to hire the best possible legal representation for your case, and that’s when you need Vik Monder and his Monder Criminal Lawyer Group. Vik Monder is a qualified and experienced criminal defense lawyer who will help you establish your defense and innocence. We offer free-of-charge first consultation. You can find our office in the vicinity of the Lyceum Theatre and Gallery. Give us a call today!