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HomeMy WebLinkAboutRES NO 143-05 RESOLUTION 143-05 A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD IN SUPPORT OF SENATE BILL 34 WHICH WOULD PROHIBIT SEX OFFENDERS FROM LEGALLY REMOVING THEMSELVES FROM THE STATE OF CALIFORNIA'S "MEGAN'S LAW" SEX OFFENDER WEB SITE. WHEREAS, the Legislature overwhelmingly passed legislation in the 2003-2004 Session, Assembly Bill 488 (Parra), that required the California Department of Justice to establish an Internet web site disclosing information on registered sex offenders; and WHEREAS, the Governor of California signed that legislation into law on September 24,2004 as Chapter 745, Statutes of 2004; and WHEREAS, existing law requires the California Department of Justice to compile and categorize, by community of residence and ZIP code, specified information concerning registered sex offenders who are considered "serious" and "high risk;" and WHEREAS, the California Department of Justice recently discovered that since the "Megan's Law" web site went online in the fall 2004, 2,677 offenders have been granted exclusion from the site. And, an additional 7,288 have applied for exclusion; and WHEREAS, the current "Megan's Law" (AB 488, Parra) contains a loophole which includes child molestation involving the annoying or molesting of a child under the age of 18 with lewd intent both physically and verbally to be deemed eligible for exclusion from the site; and WHEREAS, the current "Megan's Law" (AB 488, Parra) contains a loophole which includes sexual battery through the use of physical restraint or through unlawful restraint against a person's will for a sexual purpose to be deemed eligible for exclusion from the site; and Page 1 of 2 Pages o V ~ () >- ~- ':;' OR ..r"._ ~~.t-~ WHEREAS, the current "Megan's Law" (AB 488, Parra) contains a loophole that allows an individual who has conducted lewd acts, including incest, with a child under the age of 14 to be deemed eligible for exclusion from the site; and WHEREAS, the opt-out exclusion clause in "Megan's Law" (AB 488, Parra) compromises the effectiveness of the whole system; and WHEREAS, the threat to the safety of children and women with whom these sex offenders may have future contact with is a real possibility that no one should have to worry about; and WHEREAS, removal of the opt-out exclusion clause from Chapter 745, Statutes of 2004, would allow the public with the security of knowing that they will have adequate information about the identities and locations of registered sex offenders who live nearby; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Bakersfield hereby goes on record supporting Senate Bill 34, authored by California State Senator Dean Florez, which would prohibit sex offenders from legally removing themselves from the State of California's "Megan's Law" sex offender web site. 1'-1" Page 2 of 2 Pages ~,:) , ··n m ,-, () '_'f-';:--' I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JVN 22 ?nnr¡ , by the following vote: óYËS) NOES: ABSTAIN: ABSENT: v v V,/ COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER COUNCIL MEMBER COUNCILMEMBER COUNCIL MEMBER 0./ ...... ../ (1i1\.ÛA Q.~ PAMELA A. McCARTHY CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JUN 2 2 2005 B APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By~(¡0~ 'òM,~<, r~O '-J '.:_r\ >- m \- r- -ó t:J ORIGlt¡^.l