2006 California Proposition 83

none September 2026 September 2026 Proposition 83 of 2006 (also known as the Sexual Predator Punishment and Control Act: Jessica's Law or simply, Jessica's Law) was a statute enacted by 70% of California voters on November 7, 2006, authored by State Senator George Runner (R-Antelope Valley) and State Assemblywoman Sharon Runner (R-Antelope Valley). It was proposed by means of the initiative process as a version of the Jessica's Law proposals that had been considered in other states. Provisions The Act was a lengthy and complex measure that made many changes to the California Penal Code and the Welfare and Institutions Code. Its provisions increased the penalties for sex offenders, broadened the definition of certain sexual offenses, eliminated good time credits for early release of certain offenders, prohibited probation for certain crimes, extended parole for some offenses, increased court-imposed fees on sex offenders and provided for lifelong GPS monitoring of high risk sex offenders. The law also barred convicted sex offenders from living within 2,000 feet of a school or any place where children gather—effectively blocking them from living in the vast majority of the areas of large California cities, until the provision was found unconstitutional by Supreme Court of California in March 2015.Housing Restrictions For Sex Offenders Unconstitutional, California Court Rules http://www.huffingtonpost.com/2015/03/02/sex-offenders-unconstitutional-california_n_6788268.html The Huffington Post Under the law, a sex offender with a minimum of one victim and any previous criminal history may be civilly committed for an indefinite period.https://forensicpsychologist.blogspot.com/2007/11/california-new-ruling-upholds.html IN THE NEWS: California court upholds indeterminate commitment of Sexually Violent Predators 16 November 2007 forensicpsychologist.blogspot.com 9 April 2018 Initiative campaign The law was sponsored by husband and wife legislators State Senator George Runner (R-Antelope Valley) and State Assemblywoman Sharon Runner (R-Antelope Valley). It was supported by Governor Schwarzenegger and law enforcement throughout the state. California Attorneys for Criminal Justice (a criminal defense attorneys association) opposed Proposition 83 and wrote the opposing argument for the voter pamphlet. They argued the restrictions would cause problems with finding a place of residence for freed convicts.http://vote2006.sos.ca.gov/voterguide/props/prop83/argue_rebutt83.html Arguments supporting and opposing Proposition 83 ca.gov 9 April 2018 https://web.archive.org/web/20081202091212/http://vote2006.sos.ca.gov/voterguide/props/prop83/argue_rebutt83.html 2008-12-02 dead Result of vote Proposition 83http://vote2006.sos.ca.gov/Returns/prop/mapR083.htm Proposition 83: Sex Offender Reform PDF California Secretary of State 2006-12-14 dead https://web.archive.org/web/20110721033701/http://vote2006.sos.ca.gov/Returns/prop/mapR083.htm 2011-07-21 5926800 2483597 300px|thumb|Proposition 83 results by county Yes: #28497C 80–90% #47729E 70–80% #7D9CBB 60–70% #B6C8D9 50–60% No: #DEDEBD 50–60% Enforcement In November 2006, enforcement of the new law was initially blocked in four counties by U.S. District Judge Susan Illston who ruled in a lawsuit filed by an existing offender based on its retroactive nature.Prop. 83 buffer zone for sex criminals blocked November 9, 2006 However, three months later, U.S. District Judge Jeffrey White dismissed that lawsuit.Jennifer Warren https://www.latimes.com/archives/la-xpm-2007-feb-24-me-offenders24-story.html Prop. 83 rulings leave a gray area Los Angeles Times February 24, 2007 2 In 2010, the Supreme Court of California ruled that the residency requirements of Jessica's Law could be applied retroactively.Maura Dolan 'Jessica's Law' can be applied retroactively, state Supreme Court decides http://latimesblogs.latimes.com/lanow/2010/02/jessicas-law-can-be-applied-retroactively-state-supreme-court-decides.html Los Angeles Times February 1, 2010 On September 12, 2012, a state appeals court blocked enforcement of the residency requirements of Jessica's Law for all paroled sex offenders in San Diego County, affirming a lower court ruling, stating that it was an unconstitutional blanket condition of parole that "limits the housing choices of all sex offenders identically, without regard to the type of victim or the risk of reoffending."http://law.justia.com/cases/california/court-of-appeal/2012/d059574.html In re Taylor justia.com 9 April 2018 During 2014 RSOL's Californian chapter CA RSOL sued over 20 municipalitiesJohnson Shea County sued over sex offender ordinance http://www.vvdailypress.com/article/20141021/News/141029976 14 November 2014 Daily Press Oct 21, 2014 in federal court over sex offender ordinancesBelluci Janice CA RSOL Challenges El Dorado County Sex Offender Ordinance http://www.inedc.com/1-5380 14 November 2014 In Eldorado County News 21 July 2013 https://web.archive.org/web/20141129023539/http://www.inedc.com/1-5380 29 November 2014 deadHowes Rebecca Attorney files sex offender lawsuit against Lompoc http://lompocrecord.com/news/local/crime-and-courts/attorney-files-sex-offender-lawsuit-against-lompoc/article_e7818850-cb71-11e3-bfd8-001a4bcf887a.html 14 November 2014 Lompoc Record April 24, 2014Case Stephanie City of Orange Sued Over Sex Offender Halloween Restrictions http://ktla.com/2013/09/19/city-of-orange-sued-over-sex-offender-halloween-restrictions/ 14 November 2014 KTLA 5 September 19, 2013 causing at least 44 other municipalities to either repeal or quit enforcing their ordinances in order to avoid litigation.Nelson Joe SPECIAL REPORT: Pair seeks repeal of sex-offender laws in California http://www.dailybreeze.com/general-news/20141011/special-report-pair-seeks-repeal-of-sex-offender-laws-in-california 14 November 2014 Daily Breeze 10 November 2014 In March 2015 Supreme Court of California deemed blanket residency restrictions unconstitutional citing their counterproductive effect and unfairness. The California Department of Corrections and Rehabilitation (CDCR) has stated that every registered sex offender paroled after the law's enactment in 2006 is wearing a GPS device.Sex Offender Information http://www.cdcr.ca.gov/Parole/Sex_offender_facts/index.html California Department of Corrections and Rehabilitation 2010-05-27 2010-05-27 https://web.archive.org/web/20100527155528/http://www.cdcr.ca.gov/Parole/Sex_Offender_Facts/index.html dead However, CDCR is responsible for only 11% of California's sex offenders statewide, and "only a fraction of the state's registered sex offenders wear a GPS unit".http://www.nctimes.com/news/local/sdcounty/article_f5a1ebb3-ed8e-5f48-8aac-888778e2fa9b.html GPS monitoring of sex offenders is useful, but limited, experts say nctimes.com 9 April 2018 References External links Full text of Proposition 83 Yes on 83 Jessica's Law Anti-Prop 83 Arguments and Rebuttals on Prop 83 Campaign Expenditures for Jessica's Law 83 Category:Sex laws Category:Sex offender registration Category:Initiatives in the United States Category:Sex offender registries in the United States