California Proposition 83 (2006)
Encyclopedia
Proposition 83 of 2006 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.
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 bars 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. Under the new law, a sex offender with a minimum of one victim and any previous criminal history may be civilly committed for an indefinite period.
(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.
who ruled in a lawsuit filed by an existing offender based on its retroactive nature. However, three months later, U.S. District Judge Jeffrey White
dismissed that lawsuit. In 2010, the Supreme Court of California
ruled that the residency requirements of Jessica's Law could be applied retroactively.
The California Department of Corrections and Rehabilitation
(CDCR) has stated that every registered sex offender paroled after the law's passage in 2006 is wearing a GPS device. 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".
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
enacted by 70% of California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
voters on November 7, 2006, authored by State Senator George Runner
George Runner
George C. Runner, Jr. is the Republican Board Member for District 2 of the five-member California Board of Equalization ....
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-Antelope Valley
Antelope Valley
The Antelope Valley in California, United States, is located in northern Los Angeles County and the southeastern portion of Kern County, California, and constitutes the western tip of the Mojave Desert...
) and State Assemblywoman Sharon Runner (R-Antelope Valley). It was proposed by means of the initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
process as a version of the Jessica's Law
Jessica's Law
Jessica's Law is the informal name given to a 2005 Florida law, as well as laws in several other states, designed to punish sex offenders and reduce their ability to re-offend...
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 CodeCalifornia Penal Code
The Penal Code of California forms the basis for the application of criminal law in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then....
and the Welfare and Institutions Code
California Codes
The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of the state of California. Due to tradition and inertia, they have never been consolidated into a single unified code, unlike the United States Code or codifications...
. 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
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
for certain crimes, extended parole for some offenses, increased court-imposed fees on sex offenders and provided for lifelong GPS
Global Positioning System
The Global Positioning System is a space-based global navigation satellite system that provides location and time information in all weather, anywhere on or near the Earth, where there is an unobstructed line of sight to four or more GPS satellites...
monitoring of high risk sex offenders. The law also bars 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. Under the new law, a sex offender with a minimum of one victim and any previous criminal history may be civilly committed for an indefinite period.
Initiative campaign
The law was sponsored by husband and wife legislators State Senator George RunnerGeorge Runner
George C. Runner, Jr. is the Republican Board Member for District 2 of the five-member California Board of Equalization ....
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-Antelope Valley
Antelope Valley
The Antelope Valley in California, United States, is located in northern Los Angeles County and the southeastern portion of Kern County, California, and constitutes the western tip of the Mojave Desert...
) and State Assemblywoman Sharon Runner (R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
-Antelope Valley
Antelope Valley
The Antelope Valley in California, United States, is located in northern Los Angeles County and the southeastern portion of Kern County, California, and constitutes the western tip of the Mojave Desert...
). 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.
Result of vote
Enforcement
In November 2006, enforcement of the new law was initially blocked in four counties by U.S. District Judge Susan IllstonSusan Illston
Susan Yvonne Illston is a San Francisco, California-based judge for the United States District Court for the Northern District of California in the Ninth Judicial Circuit.-Biography:...
who ruled in a lawsuit filed by an existing offender based on its retroactive nature. However, three months later, U.S. District Judge Jeffrey White
Jeffrey White
Jeffrey Steven White is a United States federal judge serving on the United States District Court for the Northern District of California. He was appointed to the Federal Bench by President George W. Bush on July 25, 2002, and received his commission on November 15, 2002.-Early life, education,...
dismissed that lawsuit. In 2010, the Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
ruled that the residency requirements of Jessica's Law could be applied retroactively.
The California Department of Corrections and Rehabilitation
California Department of Corrections and Rehabilitation
The California Department of Corrections and Rehabilitation is responsible for the operation of the California state prison and parole systems. CDC&R is the second largest law enforcement or police agency in the United States behind the New York City Police Department which employs approximately...
(CDCR) has stated that every registered sex offender paroled after the law's passage in 2006 is wearing a GPS device. 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".