California Democratic senators failed to advance a proposal Tuesday that would have barred registered sex offenders from running for office.
State Sen. Scott Wiener (D-San Francisco) voted against Assembly Bill 2753, while his colleagues Sens. Tom Umberg (D-Santa Ana) and Ben Allen (D-Santa Monica) abstained in a 2-1-2 vote in the Senate Elections and Constitutional Committee.
The committee’s lone Republican, Steve Choi (R-Irvine), and Sen. Sabrina Cervantes (D-Riverside) voted for the bill, which may have died because it failed to gain the support of a majority of the five-member panel.
AB 2753 could be reviewed on the floor session Thursday, but staff in the office of Rep. Asmeralda Soria (D-Fresno), who sponsored the bill, admits that is unlikely.
The defeat comes after unanimous support, including a 60-0 vote in favor of the Assembly Floor on May 7.
“I am deeply disappointed and dismayed after the Senate Elections Committee failed to advance AB 2753, a bill that would have barred any registered sex offender in the State of California from running for public or county office,” Soria said. said the statement.
The bill’s wording says the law “would prohibit a person from running for, or being elected to, any state or local office if he or she has been required to register as a sex offender.”
Questions in the offices of Sens. Wiener, Umberg and Allen were not immediately returned.
Sex crimes in California divided into three sections. First-degree crimes require at least 10 years in a sex offender registry. Second-degree felonies carry a minimum of 20 years and third-degree felonies can result in life on the registry.
Types of cases each category is different. Category 1 charges range from indecent exposure to child pornography and sexual battery. Category 2 includes sexual intercourse with relatives and penetration with a foreign object, and Category 3 includes possession of child pornography, rape and penetration and sexual intercourse with a minor.
Wiener requested an amendment to the bill during the bill’s review and committee meeting, including that the lifetime ban would only apply to Class 3 members.
He pointed committee analysis of the bill that may affect so-called “Romeo and Juliet” couples – those who are close in age, for example one partner is 19 and the other is 17. If a younger partner sends sexually graphic digital content to an older partner (a misdemeanor), this law can ban the older partner from public office for life.
There were also concerns cited in the review that the registry, which dates back to 1947, could include LGBTQ+ offenders from decades ago who were convicted of non-criminal offences.
Wiener was mentioned in the committee meeting on human rights strategist and fighter Bayard Rustin listing on the California sex offender registry thereafter arrest by Pasadena police for having a sexual agreement with another man in 1953.
“Except for the amendment contained in the analysis, I would be voting ‘no’ on this bill and recommending that the committee vote ‘no,'” Wiener. said in the committee hearing.
He added that the sex offender list is “not a punishment,” but rather “a law enforcement tool to monitor who might cause harm.”
While Soria agreed to one amendment to the bill, he did not accept other provisions, including the elimination of lifetime bans for Tier 1 or 2 felonies.
“The bottom line is this: I was not willing to make more amendments to this bill,” he said. “I made a promise to my community that I will do everything in my power to ensure that something like this never happens again. Accepting additional amendments to this bill would jeopardize that promise.”
Another push behind his bill revolves around the June 2 Fresno City Council election. Registered sex offender Rene Campos failed of the votes needed in his campaign to run for the Central Village Council.
He was charged with possession of child pornography in 2018 and hosted his own campaign in front of the elementary school.
Nelson Esparza, Fresno City Council President, spoke at a Senate Elections and Constitutional Committee meeting in favor of AB 2753.
“My office has received numerous calls from our residents asking how this can be allowed,” Esparza said of Campos’ candidacy. “AB 2753 closes this loophole.”
It is unclear whether the bill will be introduced again next year at least at the Legislative Assembly level, as Soria is running for the state senate in November.
