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50A - ORDINANCE - SEX OFFENDERS
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05/21/2012
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50A - ORDINANCE - SEX OFFENDERS
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5/17/2012 1:48:22 PM
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5/17/2012 1:44:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
50A
Date
5/21/2012
Destruction Year
2017
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<br /> <br /> <br /> <br /> <br /> At the SVP trial in 2008, the People presented evidence that Landau also molested additional <br /> victims besides those named in the prior criminal complaints. Beginning in 1961, Landau, then <br /> 21, molested an 8-year-old boy over the course of three years. In 1970, he molested another 8- <br /> year-old boy, and continued to do so until the boy was 15. While Landau can no longer be <br /> charged with these crimes due to the statute of limitations, this evidence was used to show his <br /> continued pattern of sexual deviance. <br /> During the 2008 trial, a doctor stated that based on the defendant's number of known victims <br /> and rate of offenses, Landau likely had between 1,000 and 1,500 undetected molests prior to <br /> his first conviction. Landau had declined to participate in treatment programs while in the <br /> hospital and had stopped using a prescription medication for depression, a side effect of which <br /> is a reduced sex drive. <br /> NARROWING THE BAN TO SIMPLY PROHIBIT "LOITERING" <br /> Limiting the ban to prohibit sex offenders from "loitering" in parks would not be effective. State <br /> law already prohibits sex offenders from loitering "about any school or public place at or near <br /> which children attend or normally congregate . . (Penal Code § 653b.) This would <br /> presumably apply to parks. Penal Code 653b, however, is not effective because it requires the <br /> sex offender to remain at the location or re-enter the location after being asked to leave. So <br /> long as the sex offender has not been asked to leave, he is not in violation of Penal Code 653b. <br /> In addition, it is difficult to prove loitering in a trial. "Loitering" means "to delay, to linger, or to <br /> idle about a school or public place without lawful business for being present." (Penal Code § <br /> 653b, subd. (d).) It would be difficult to prove a sex offender was "loitering" in a park when that <br /> person was simply sitting on a park bench or on the grass or strolling through the park. Even <br /> videotaping or photographing may not be considered "loitering," as those are common activities <br /> of lawful citizens- Yet, these are some of the very activities the proposed Ordinance seeks to <br /> preclude with respect to sex offenders- Their presence in parks allows them to identify, <br /> observe, and possibly interact with potential victims whom they seek to groom and eventually <br /> exploit. Finally, any loitering prohibition may be preempted by Penal Code 653b. (See <br /> O'Connell v. City of Stockton (2007) 41 Cal_4th 1061. 1 067 [a local ordinance may be preempted <br /> where it enters an area expressly or impliedly fully occupied by state law].) For these reasons, <br /> limiting the ban to "loitering" in parks would not provide an effective tool to protect children from <br /> sex offenders' activities in parks. <br /> GENESIS AND PROCESS IN DEVELOPING THE COUNTY SEX OFFENDER ORDINANCE <br /> In 2010, registered sex offender Eric Hinnenkamp lived 155 feet from a Fullerton park where <br /> children regularly gather. He was a Los Angeles County parolee who was released from prison <br /> to an apartment in Huntington Beach. Hinnenkamp inherited a house from his parents in <br /> Fullerton and was intending to live at the residence. According to Megan's Law website, his <br /> prior convictions included felony lewd conduct on child victims, indecent exposure, and <br /> restrained sexual battery. Understandably, local citizens became alarmed and asked law <br /> enforcement for a solution. The Orange County District Attorney (OCDA) began researching <br /> legal solutions and developing practical applications in response. Meanwhile, the OCDA also <br /> monitored the development of Chelsea's Law in the State legislature. The result was the <br /> development and enactment of the County Child Safety Ordinance, which closed a loophole in <br /> the existing law. <br /> RESIDENCY RESTRICTIONS V. CHILD SAEFTY ZONES <br /> The OCDA initially considered enacting both sex offender restrictions, which generally fall into <br /> two categories: (1) Residency restrictions; and (2) Child safety zones. Residency restrictions <br /> 4 <br /> 5OA-20 <br />
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