'Chelsea's Law' on sex offenders among bills sent to Schwarzenegger

Jim Sanders and Susan Ferriss
Sacramento Bee
Aug 31, 2010

Legislation to toughen penalties against sex offenders in honor of Chelsea King, a murdered 17-year-old San Diego teen, cleared its final legislative hurdle Monday and was sent to Gov. Arnold Schwarzenegger.

The Assembly passed the measure, dubbed "Chelsea's Law," without a dissenting vote.

Dozens of bills were acted upon Monday as the Legislature worked into the night to finish its non-budget legislative work by today's deadline.

Lawmakers also sent the governor Senate Bill 435 to crack down on motorcycle noise and Senate Bill 657 to require large California companies to tell consumers what, if anything, they are doing to eliminate human trafficking in their supply chains.

A bill that could permit an entirely different type of horse-race betting, essentially wagering on a horse to lose rather than to win, was passed by the Assembly, 46-10, and now goes to the Senate.

Touted as a way to help revitalize the horse-racing industry, Senate Bill 1072 also contains provisions to fund promotion of the Breeders' Cup Championship Series and to increase for some forms of racetrack betting the percentage of "takeout," which is the amount deducted from wagers before winnings are paid to bettors.

Two bills opposed by the gun lobby were in peril Monday night: Assembly Bill 1934 to ban open display of unloaded weapons in public and Assembly Bill 1810 to allow the state to keep permanent records of anyone buying a shotgun or rifle. A final vote was expected today.

The "Chelsea's Law" crackdown on sex offenders, particularly those who target young children, received bipartisan support in the Assembly.

The linchpin of the measure, Assembly Bill 1844, would impose a "one-strike" sentence of life without parole for offenders convicted of sex crimes that inflict bodily harm on a minor under the age of 14.

AB 1844 cleared its final legislative hurdle by passing the Assembly 72-0 on Monday, less than a week after it cleared the Senate without opposition.

Assemblyman Nathan Fletcher, the San Diego Republican who proposed the bill, said it stemmed from the murder of 17-year-old Chelsea King this year by a convicted sex offender, John Gardner, who also confessed to killing 14-year-old Amber Dubois.

"We're watching grief and sorrow in our community turn into motivation and action," Fletcher said Monday on the Assembly floor before the vote.

Kelly and Brent King, Chelsea King's parents, issued a written statement through Fletcher's office applauding the Legislature.

"This is a uniquely collaborative achievement, powered by people who care passionately about the children of California," the Kings said.

Key elements of AB 1844 would:

• Increase prison sentences for committing numerous sex crimes against minors, with terms varying depending upon the age of the victim. In many cases, offenders would be subject to double the terms in current law.
• Increase parole terms for offenders who target children under the age of 14.
• Ban registered offenders from entering parks where children congregate without written permission from a parole officer, if the person is on parole, or from the chief administrative official of the park.
• Create a system for assessing paroled sexual predators so those who pose the greatest risk of reoffending can be matched with the highest levels of supervision and surveillance.

AB 1844 carries an urgency clause, meaning it needed support from a two-thirds majority of each legislative house and would take effect immediately if Schwarzenegger signs it.

Other bills acted upon by the Legislature on Monday included:

• Senate Bill 5, to allow the families of murdered children to seal the autopsy report if the killer has been convicted, and the child did not die in foster care, in the custody of the juvenile justice system or from abuse or neglect. Both houses passed the bill, which now goes to the governor.
• Senate Bill 1399, to create a compassionate release and parole program for prisoners who are permanently medically incapacitated, need 24-hour care, and are not serving sentences of death or life without parole. The bill goes to the Senate for concurrence in amendments after the Assembly passed the bill, 42-28.
• Senate Bill 1449, to reduce possession of an ounce of marijuana to an infraction, rather than a misdemeanor, but allow for the same $100 fine that is permitted under existing law. The Assembly passed the measure, 42-30. It now goes to the Senate for concurrence in amendments.