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Portantino’s Bill Aims to Close Loopholes in Sex Offender Registration Laws

SB 1128 Requires Registration for Adults Convicted of Unlawful Sexual Activity with Minors

Published on Tuesday, April 9, 2024 | 1:34 pm
 

Senate Bill 1128, authored by Senator Anthony J. Portantino, who represents Pasadena, seeks to close significant loopholes in California’s sex offender registration laws by requiring adults convicted of unlawful sexual activity with minors to be listed on the sex offender registry, ensuring heightened accountability and monitoring.

The bill, which was approved by the Senate Public Safety Committee, addresses a critical gap in the state’s current laws. Despite California’s comprehensive standards for sex offender registration, adults convicted of engaging in unlawful sexual intercourse with minors under Penal Code section 261.5(c) or (d) are not currently required to register as sex offenders.

“Failing to require registration for engaging in unlawful activity with a minor is unacceptable and appalling,” Senator Portantino stated. “It is imperative that we do everything we can to protect vulnerable children and hold offenders accountable.”

Under SB 1128, sex offender registration would be mandated for offenders who engage in unlawful sexual intercourse with a minor, other than a spouse, if the minor is more than three years younger than the offender. The bill also requires registration if the offender is over 21 years of age and the minor is under 16 years of age, unless the offender was not more than 10 years older than the minor and if that offense is the only one requiring the offender to register.

The legislation has garnered wide support from law enforcement and advocacy groups, including the California District Attorneys Association, Los Angeles City Attorney’s Office, and several anti-trafficking organizations. These groups believe that closing the registration loopholes will aid in reducing the demand for sex and human trafficking of minors and assist law enforcement in identifying potential suspects when a child is sexually exploited.

Los Angeles City Attorney Hydee Feldstein Soto, who is sponsoring the bill, praised the State Legislature for taking action to strengthen laws that deter and hold accountable sex offenders who target children and minors.

In addition to the registration requirements, SB 1128 includes provisions for restitution fines and state reimbursement of local agencies and school districts for costs associated with implementing the new mandates. The bill’s passage through the Senate Public Safety Committee marks a significant step forward in California’s ongoing efforts to combat human and sex trafficking and protect its most vulnerable citizens.

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