I am a 290 resistrant in Calif, my conviction was in early 2000. I know the law is currently only applied to parolees paroled after 2006. What if I move? I have lived in my home since before the law/Prop passed. If I move, does that over ride the non retro-active part of the law? Meaning; is moving into a home within 2,000 ft of a school, park, etc. after 2006 an issue?
Penal Code sectiob 3003.5(b) is terribly drafted and still being litigated in the courts. My best advice to you is DONT MOVE. Moving should not trigger the law however given the current state of the decisional law its not 100%.
What's clear under the law is that you cannot be forced to move out of your home that you lived in before the law passed. No one has litigated what happens if/when you move.
If you have to move hire a lawyer before you move. You may have to litigate the issue in order to move without risking arrest.
Also be careful of local ordiances. The last line of Penal Code section 3003.5(b) says local law authorities can draft stricter rules - some localities have taken this to mean they can draft all kinds of crazy stuff that, in my opinion, is clearly illegal and unconstitutional - but could land you in jail or with a new conviction while that is being litigated.
If you want help with this issue give me call. 916-440-8695.
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you are not correct that Jessica's law does not "apply" to you, but the law contains no enforcement mechanism. The statute applies to all registrants (Sec. 3003.5(b)) http://law.onecle.com/california/penal/3003.5.html). The statute is strangely worded and difficult to understand or enforce for several reasons:
"Notwithstanding any other provision of law, it is unlawful for any person for whom registration is required pursuant to Section 290 to reside within 2000 feet of any public or private school, or park where children regularly gather."
As you can see, while the statute says it is "unlawful," it defines no offense level or penalty. If this statute defines a penal offense, it could not possibly be greater than an infraction, due to the lack of any specified penalty or offense level.
A second problem is that the law gives no definitions of "school" or "park where children regularly gather". For example, is a karate dojo a school? Is an outdoor shopping mall with a merry-go-round a "park where children regularly gather"?
Is the 2000 foot limit from the school building to the registrant's dwelling? Is it door to door? Is it property line to property line? Many schools are built on large campuses, which may have parkland that extends well beyond the campus used by students. What if a vast wilderness park of many square miles has a children's activity center in one visitor's center building? Or it has no facilities at all, but scout troops and families sometimes hike there? None of these issues have been defined.
These are a few of dozens of issues that have been identified with the law.
I recommend that you speak to an experienced local attorney, who specifically knows if your local police or county Sheriff have any specific enforcement policies you should be aware of. Also, make sure that you are in full compliance with 290 registration laws, and that you are accurately disclosing your address when you register. A few clients have reported to me that after registering at the same address for many years, they have been unexpectedly told when registering that they are no longer permitted to live at their home, because there is a school or park nearby. They are faced with immediately moving or being out of compliance with 290.
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