Who are the “Tier I” Offenders in NEW Penal Code § 290 Sex Registration Bill?

On October 6, 2017, Governor Jerry Brown approved SB-384.[1] SB-384 will take effect on January 1, 2021 and will significantly change the sex offense registration system.[2] The Bill will create 3 tiers of registration with differing lengths of sex offense registration depending on the conviction and other specified criteria. Once a Tier I and Tier II offender has completed his or her required (minimum) registration period, he or she would be permitted to petition for termination from the sex offender registry.

According to SB-384, a Tier I offender is subject to registration for a minimum of 10 years. Generally, after a Tier I offender has registered in accordance with the “Sex Offender Registration Act” for the required 10 year minimum, at this point, the Tier I offender is eligible to petition for termination. Termination from the registry is not automatic after the minimum 10 years have expired and the District Attorney may request a hearing on the petition in certain circumstances.

The following are a list of the most common Tier I offenses:[3]

· Penal Code section 243.4 Sexual Battery - as a misdemeanor and a felony (under specific circumstances)

· Penal Code section 266 Seduction of a Minor

· Penal Code section 314 (1) or (2) Indecent Exposure – as a misdemeanor and a felony (under specific circumstances)

· Penal Code section 647.6 Annoying or Molesting a Child

Prior to the passage of SB-384, a person convicted of an offense listed above

was subject to lifetime sex offense registration unless they were able to seek relief by means of a Certificate of Rehabilitation or Governor’s Pardon. On January 1, 2012, SB-384 will provide a more effective method to petition for termination from the requirement to register.

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