AB 2701

AB2701:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2701

An act to add Article 5.5 (commencing with Section 11130) to Chapter 1 of Title 1 of Part 4 of the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST

AB 2701, as amended, Jeff Gonzalez. Domestic Violence Offender Registration Act.

Existing law requires each county to develop a procedure for electronically transmitting, upon the issuance of certain types of protective orders, the contents of the order and other specified information to the Department of Justice through the California Law Enforcement Telecommunications System. Existing law also requires the department to maintain a California Restraining and Protective Order System and to make specified information electronically available to court clerks and law enforcement personnel.

This bill, the Domestic Violence Offender Registration Act, would require the department, upon an appropriation by the Legislature, to create a database for the purpose of storing and sharing information with local agencies and the court, regarding persons convicted of a registrable offense, as defined. The bill would also require the department to publish that information on its internet website, as specified. The bill would require the offender, as defined, to register, for up to 20 years, certain information including their place of birth and current address with the law enforcement agency having jurisdiction over their residence, as specified. The bill would create a petition process for an offender to seek removal from the registry before having completed the applicable term if they demonstrate rehabilitation and no new qualifying offenses, or they demonstrate exoneration, as specified. The bill would require the court to notify the department of certain petition-related events, including when a petition for termination from the registry is granted, denied, or summarily denied. The bill would require local agencies and the court to create a database for the purpose of storing information received from offenders pursuant to these provisions. The bill would create both civil and criminal penalties for the misuse of information disclosed pursuant to these provisions, including, if a person uses that information to commit a felony, a 5-year prison sentence in addition to and consecutive to any other punishment. The bill would also make an offender’s failure to comply with registration requirements a misdemeanor, punishable by imprisonment in the county jail for up to one year. By increasing the duties on local agencies and creating new crimes, the bill would impose a state-mandated local program.

The bill would declare its provisions to be severable.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Article 5.5 (commencing with Section 11130) is added to Chapter 1 of Title 1 of Part 4 of the Penal Code, to read:

Article 5.5. Domestic Violence Offender Registration Act

11130.

This act shall be known, and may be cited as, the Domestic Violence Offender Registration Act (DVORA).

11130.1.

(a) The Legislature finds and declares all of the following:

(1) Domestic violence involving serious bodily injury, weapons, children, or repeated acts of violence poses a substantial threat to victims and public safety.

(2) Offenders who have committed serious or violent acts of domestic violence are at a higher risk of recidivism.

(3) A registration system for those offenders is necessary to protect victims, assist law enforcement, and provide appropriate monitoring.

(b) The purpose of this act is to establish a registration system for individuals convicted of serious or violent domestic violence offenses.

11130.2.

For purposes of this article, the following definitions apply:

(a) “Registrable offense” means a conviction of any of the following:

(1) Paragraph (1) or (2) of subdivision (f) of Section 273.5.

(2) Murder, attempted murder, or voluntary manslaughter, if the conviction involves domestic violence, as defined in Section 13700.

(3) (A) A crime involving domestic violence, as defined in Section 13700, in conjunction with a conviction of any of the following:

(B) A violation of Section 12022.5.

(C) A violation of Section 12022.53.

(D) A violation of Section 12022.7.

(E) A violation of paragraph (1) of subdivision (b) of Section 12022.

(F) A violation of subdivision (a) of Section 273a.

(G) Threatening a witness, as defined in Section 136.1.

(H) Mayhem, as defined in Section 203, 205, or 206.

(I) Kidnapping, as defined in Section 207 or 209, except for kidnapping with the intent to violate Section 261.

(J) Robbery, as defined in Section 211 or 215.

(K) Assault with the intent to commit mayhem, as defined in Section 220.

(L) Human trafficking, as defined in Section 236.1.

(M) Assault and battery, as defined in Section 244, paragraph (1), (2), or (3) of subdivision (a) of Section 245, or Section 246.

(N) Criminal threats, as defined in Section 422, if the conviction is a felony.

(O) Arson, as defined in Section 451.

(P) Burglary, as defined in Section 459.

(Q) Extortion, as defined in Section 518.

(R) Possession of substances or materials with the intent to make a destructive device, as defined in Section 18720.

(S) Conspiracy to commit an offense in subparagraphs (B) to (R), inclusive.

(T) Attempt to commit an offense in subparagraphs (B) to (R), inclusive.

(b) “Offender” means any person who has been convicted of a registrable offense that was committed on or after January 1, 2027.

11130.3.

(a) The Department of Justice, subject to an appropriation from the Legislature, shall create and maintain a database storing the information described in this article, and develop regulations, forms, and protocols necessary to implement this article.

(b) An offender shall be required to register with the law enforcement agency having jurisdiction over the residence where they reside within 10 days of each of the following:

(1) Release from custody.

(2) Change of residence.

(3) Establishing residence.

(4) Change of employment.

(5) Change in legal name.

(c) The registration shall include the following information:

(1) Full legal name, including any aliases.

(2) Current address.

(3) Telephone number.

(4) Date of birth.

(5) Place of birth.

(6) Photograph.

(7) Fingerprints.

(8) Summary of qualifying offense.

(9) Employment or school information, if applicable.

(10) Physical description that includes gender and race.

(11) Criminal history.

(12) Community of residence.

(13) ZIP Code of the county where the person is registered as transient.

(14) Any other information that the department deems relevant.

(d) (1) The Department of Justice shall make available information concerning persons who are required to register pursuant to Section 11130.3 to the public on an internet website as specified in this section. The department shall update the internet website 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 website. 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 website. The internet website shall be translated into languages other than English as determined by the department.

(2) A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 11130.3 to the public via an internet website, provided that if the information about that person is also displayed on the department’s internet website.

(e) Notwithstanding Section 7921.505 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and does not affect other statutory restrictions on disclosure in other situations.

(f) (1) If a person uses information disclosed pursuant to this section to commit a misdemeanor, that person shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000).

(2) If a person uses information disclosed pursuant to this section to commit a felony, that person shall be punished by, in addition and consecutive to any other punishment, a five-year term of imprisonment pursuant to subdivision (h) of Section 1170.

(g) (1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk.

(2) Except as authorized pursuant to paragraph (1), or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited:

(A) Health insurance.

(B) Insurance.

(C) Loans.

(D) Credit.

(E) Employment.

(F) Education, scholarships, or fellowships.

(G) Housing or accommodations.

(H) Benefits, privileges, or services provided by any business establishment.

(3) (A) Any use of information disclosed pursuant to this section for purposes other than those provided in paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), attorney’s fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000).

(B) If there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an internet website established pursuant to this section in violation of paragraph (2), the Attorney General, district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code.

(h) A designated law enforcement entity and its employees are immune from liability for good faith conduct pursuant to this section.

(i) The Attorney General, in collaboration with local law enforcement and others knowledgeable about domestic violence offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about domestic violence offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on its internet website, and any other resource that promotes public education about these offenders.

11130.4.

(a) The duration of registration pursuant to this article shall be as follows:

(1) 10 years for an offense that does not result in a state prison sentence. For any additional qualifying offense pursuant to Section 11130.2, either during or after the preceding term, a new 10-year term shall be imposed.

(2) For 20 years for an offense resulting in a state prison sentence, or an offense involving a deadly weapon, great bodily injury, or a child victim. For any additional qualifying offense pursuant to Section 11130.2, either during or after the preceding the term, a new 20-year term shall be imposed.

(b) (1) An offender may petition for removal from the registry before serving the term described in subdivision (a) if they demonstrate rehabilitation and no new qualifying offenses. An offender may also petition for removal from the registry prior to expiration of the term or registration if they are exonerated, as defined in subdivision (j) of Section 3007.05.

(2) (A) Removal is at the court’s discretion and only after notice of the petition has been served as follows:

(B) The petition shall be served on the registering law enforcement agency and the district attorney in the county where the petition is filed and on the law enforcement agency and the district attorney of the county of conviction of a registrable offense if different than the county where the petition is filed. The registering law enforcement agency shall report receipt of service of a filed petition to the department in a manner prescribed by the department. The registering law enforcement agency and the law enforcement agency of the county of conviction of a registrable offense if different than the county where the petition is filed shall, within 60 days of receipt of the petition, report to the district attorney and the superior or juvenile court in which the petition is filed whether the person has met the requirements for termination pursuant to this subdivision.

(C) If the district attorney requests a hearing, the district attorney shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider all of the following:

(i) The nature and facts of the registrable offense.

(ii) The age and number of victims.

(iii) The person’s criminal and relevant noncriminal behavior before and after conviction for the registrable offense.

(iv) The time period that the person has not reoffended.

(v) The person’s current risk of domestic violence reoffense.

(D) A judicial determination made pursuant to this subdivision may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties that is reliable, material, and relevant.

(E) If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination. That time period shall be at least one year from the date of the denial, but shall not exceed five years, based on facts presented at the hearing. The court shall state on the record the reason for its determination setting the time period after which the person may re-petition.

(F) The court shall notify the department when a petition for termination from the registry is granted, denied, or summarily denied, in a manner prescribed by the department. If the petition is denied, the court shall also notify the department of the time period after which the person can file a new petition for termination.

11130.5.

(a) Local agencies and the court shall create a database to maintain registration information required by this article.

(b) (1) The department shall notify the entities in subdivision (c) when the database created pursuant to Section 11130.3 is operable. Following notification that the database is operable, entities shall have six months from the date of the notification to provide the registration information required by this article. After six months from the date of the notification, information collected and stored by local agencies or the court shall be transmitted to the department within three working days of receipt.

(2) Until notification that the database is operable, information collected and stored by local agencies or the court pursuant to this article shall be transmitted to the department, in a manner prescribed by the department, for purposes of publishing on the department’s internet website as described in subdivision (d) of Section 11130.3.

(c) Information collected by the department pursuant to this article, including information not publicly available, shall be made available to the following:

(1) Law enforcement agencies.

(2) Courts.

(3) State and local agencies responsible for victim services.

(d) The department may promulgate regulations for limiting public access to information collected, consistent with privacy and safety considerations.

11130.6.

(a) An offender who knowingly fails to register, update, or provide accurate information as required by this article shall be guilty of a misdemeanor punishable by imprisonment in the county jail not to exceed one year.

(b) Each failure to register or update shall constitute a separate offense.

SEC. 2.

The provisions of this act are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 3.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.