Megan's Law - California Penal Code Section 290.46

In 2004, the Legislature enacted Penal Code section 290.46, a statute commonly known as Megan's Law. (Stats. 2004, ch. 745, 1.) "California's Megan's Law provides for the collection and public disclosure of information regarding sex offenders required to register under section 290." (Doe v. California Dept. of Justice, 173 Cal.App.4th at p. 1102.) Section 290.46 requires that the Department make available to the public on an Internet Web site information concerning certain registered sex offenders. Section 290.46, subdivision (a)(1) provides: "On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to register pursuant to Section 290 to the public via an Internet Web site as specified in this section. The Department shall update the Internet Web site on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the Internet Web site. The name or address of the person's employer and the listed person's criminal history other than the specific crimes for which the person is required to register shall not be included on the Internet Web site. The Internet Web site shall be translated into languages other than English as determined by the Department." The nature of the personal information that is to be published on the Internet varies according to the offense of which the registrant stands convicted. For all of the offenses listed in section 290.46, the Department is required to make available the registrant's name and known aliases, photograph, physical description (including gender and race), date of birth, and criminal history. ( 290.46, subds. (b), (c), (d).) For registrants who have suffered convictions for offenses listed in section 290.46, subdivision (c), the Department is also required to publish the residential addresses of the registrant if he or she "has one or more prior or subsequent convictions of an offense listed in subdivision (c) of Section 290." ( 290.46, subd. (c)(1).) Finally, the Department is required to make available the residential addresses of all registrants who have been convicted of an offense listed in section 290.46, subdivision (b). ( 290.46, subd. (b)(1).) A felony violation of section 288, subdivision (a)--Doe's offense--is among the offenses listed in section 290.46, subdivision (b). ( 290.46, subd. (b)(2)(H).) Section 290.46, subdivision (b) provides in relevant part: "(1) On or before July 1, 2005, with respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is described in, paragraph (2), the Department of Justice shall make available to the public via the Internet Web site his or her name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a). "(2) This subdivision shall apply to the following offenses and offenders: ... "(H) Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony.? Section 290.46, subdivision (e) provides a procedure by which a registrant may apply for an exclusion from the Internet publication provisions of Megan's Law: "(1) If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision, and he or she has been convicted of no other offense listed in subdivision (b), (c), or (d) other than those listed in this subdivision, that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. If the department determines that the person meets the requirements of this subdivision, the department shall grant the exclusion and no information concerning the person shall be made available via the Internet Web site described in this section. He or she bears the burden of proving the facts that make him or her eligible for exclusion from the Internet Web site. However, a person who has filed for or been granted an exclusion from the Internet Web site is not relieved of his or her duty to register as a sex offender pursuant to Section 290 nor from any otherwise applicable provision of law. "(2) This subdivision shall apply to the following offenses: "(A) A felony violation of subdivision (a) of Section 243.4. "(B) Section 647.6, if the offense is a misdemeanor. "(C)(i) An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim's parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object. "(ii) An offense for which the offender is on probation at the time of his or her application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim's parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object. "(iii) If, subsequent to his or her application, the offender commits a violation of probation resulting in his or her incarceration in county jail or state prison, his or her exclusion, or application for exclusion, from the Internet Web site shall be terminated. "(iv) For the purposes of this subparagraph, 'successfully completed probation' means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison. "(3) If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the Internet Web site as provided in this section. "(4) Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that Penal Code Section 290.46 requires that the Department make available to the public on an Internet Web site information concerning certain registered sex offenders. Section 290.46, subdivision (e) provides a mechanism by which certain sex offenders may file an application for exclusion from the Internet Web site. Section 290.46, subdivision (e) provides in relevant part: "(e) (1) If a person has been convicted of the commission or the attempted commission of any of the offenses listed in this subdivision ... that person may file an application with the Department of Justice, on a form approved by the department, for exclusion from the Internet Web site. ... "(2) This subdivision shall apply to the following offenses: ... "(D) (i) An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim's parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object."