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
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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.
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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:
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COUNCIL MEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
COUNCIL MEMBER
COUNCILMEMBER
COUNCIL MEMBER
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(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
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APPROVED AS TO FORM:
VIRGINIA GENNARO, CITY ATTORNEY
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