Alhambra Municipal Code Ch. 9.68 Convict Registration

Section

Statutory reference:

Registration of sex offenders, see Cal. Penal Code § 290

The words CONVICTED PERSON are defined as follows:

(A) Any person who, subsequent to January 1, 1921, has been or hereafter is convicted of an offense punishable as a felony in the state of California, or who has been or who is hereafter convicted of any offense in any place other than the state of California, which offense, if committed in the state of California, would have been punishable as a felony.

(B) Any person who, subsequent to January 1, 1921, has been or hereafter is convicted in the state of California, or elsewhere, of the violation of any law, whether the same is or is not punishable as a felony.

(1) Relating to or regulating the possession, distribution, furnishing, use or addiction to the unlawful use of any narcotic as defined and referred to in Cal. Health & Safety Code Division 10.

(2) Regulating or prohibiting the carrying, possession, or ownership of any concealed weapon, or deadly weapon, or any weapon capable of being concealed, or regulating or prohibiting the possession, sale or use of any device, instrument, or attachment designed or intended to be used for the purpose of silencing the report, or concealing the discharge or flash of any firearm.

(3) Regulating or prohibiting the use, possession, manufacture, or compounding of tear gas, or any other gas, which may be used for the purpose of temporarily or permanently disabling any human being.

(C) Any person who has been, since January 1921, or who hereafter is convicted of a crime in the state of California, under the provisions of one or more of the following sections of the Cal. Penal Code: 264, 265, 286, 288, 288a, 647a or of subdivision 1 or 2 of section 311 of such code, or who has been since January 1, 1921, or hereafter is convicted in any place other than the state of California of an offense which, if committed in this state, would have been punishable under one or more of such sections.

(D) Any person who has been since January 1921, or who hereafter is convicted of a crime in the state of California under the provisions of Cal. Penal Code § 647(5), or who has been since January 1, 1945, or hereafter is convicted in any place other than the state of California of any offense which, if committed in this state, would have been punishable under such section.

(E) Any person who has been, since January 1, 1921, or hereafter is convicted in the state of California or elsewhere of any attempt or conspiracy to commit any offense described or referred to in this section.

(F) Provided, however, that any person, except as hereinafter set forth, whose conviction is or has been set aside in a manner provided by law, shall not be deemed a convicted person; provided further, however, that one who has been convicted of the commission of one or more of the crimes referred to in division (C) hereof, and whose conviction has been set aside at the termination of probation, and in connection therewith, shall be considered a convicted person, as such term is used herein.

('86 Code, § 9.68.010) (Ord. 2703, passed - - )

(A) Registration required. It shall be unlawful for any convicted person to be or remain in the city for a period of more than five days, without, during such five-day period, registering with the Chief of Police in the manner hereinafter prescribed.

(B) Temporary residence. Any convicted person who does not reside in the city, but who has a temporary or permanent place of abode outside the city and comes into the city on five or more occasions during any 30-day period, shall, on or before entering the city on such fifth occasion, register in the manner prescribed in division (D) hereof.

(C) Single registration. Provided, that any person who has once registered with the Chief of Police as a convicted person, shall not be required to register again; provided further, however, that any person convicted of any of the crimes enumerated in § 9.68.010(C) or (D) of this code, shall register as provided in this section regardless of whether he has previously so registered as a convicted person by reason of his conviction of some crime other than those enumerated in § 9.68.010(C) or (D) of this code.

(D) Information required. Every person required by this section to register shall do so by filing with the Chief of Police of the city, a statement in writing, signed by such person, upon a form prescribed and furnished by the Chief of Police, giving the following information:

(1) His true name and all aliases which he has used or under which he may have been known;

(2) A full and complete description of his person;

(3) The kind, character and nature of each crime of which he has been convicted;

(4) The place where each of such crimes was committed and the place or places of conviction;

(5) The name under which he was convicted in each instance and the date thereof;

(6) The name, if any, and the location of each prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced;

(7) The location and address of his residence, stopping place, living quarters or place of abode in the city; if more than one residence, stopping place, or place of abode, that fact must be stated and the location and address of each given;

(8) A statement of the kind of residence, stopping place or place of abode in which he resides whether the same is temporary or permanent, for example, whether the same is a private residence, hotel, apartment house or other building or structure;

(9) The length of time he has occupied each such place of residence, stopping place or place of abode; and the length of time he expects or intends to remain in the city;

(10) Such other and further information as may be required by the Chief of Police, for the purpose of aiding and assisting in carrying into effect the provisions and intent of divisions (A), (B) and (C) of this section.

('86 Code, § 9.68.020) (Ord. 2703, passed - - ) Penalty, see § 9.68.070

Any convicted person, except a nonresident, who is required to register under the provisions of divisions (A), (B) and (C) of § 9.68.020, who changes his place of residence, stopping place or living quarters, shall, within 48 hours after such change, and any nonresident mentioned in such sections who has registered and changes his place of residence, stopping place or living quarters, shall upon his next entry into the city after such change, notify the Chief of Police of such fact and furnish to such Chief of Police the address of his new residence, stopping place or living quarters in the same manner and with the same detailed information as is required in the filing of the original statement under the provisions of division (D) of § 9.68.020 of this code.

('86 Code, § 9.68.030) (Ord. 2703, passed - - ) Penalty, see § 9.68.070

Each convicted person, at the time of registering and furnishing the information required by division (D) of § 9.68.020 of this code, shall be photographed and fingerprinted by the Chief of Police, who shall cause such photographs and fingerprints to be made a part of the record provided for by such section.

('86 Code, § 9.68.040) (Ord. 2703, passed - - )

(A) Persons authorized to use. The statements, photographs and fingerprints hereinbefore provided for shall not be open to inspection by the public, or by any other person other than a regularly employed peace or law enforcement officer. Any such photograph, or duplicate thereof, may be exhibited to persons other than police officers of the city for the purpose of assisting in identifying perpetrators of any crime. Copies of such statements, photographs and fingerprints may be transmitted to the Sheriff of any county of the state of California, to the head of any organized Police Department of any municipality in the state, or to the head of any department of the state of California engaged in the enforcement of any criminal law of the state, or to the head of any federal law enforcement agency, or to any Sheriff or Chief of Police of a municipality, or to the head of any other law enforcement agency of any state in any state or territory outside the state of California, when request is made in writing by such Sheriff or other head of a law enforcement agency asking for the record of a certain person named therein, or for the record of a person whose photograph or fingerprints reasonably correspond with photographs or fingerprints submitted with such request, and stating that such record is deemed necessary for the use of such law enforce-ment officer or agency in or concerning the investiga-tion of any crime, or any person who is accused of committing a crime, or any crime which is reported to have been committed, and further stating that the record will be used only for such purpose.

(B) Unlawful disclosure by officer. Any police officer or other employee of the Police Department who discloses to any person any information con-tained in any statement required to be filed under the provisions of division (D) of § 9.68.020, otherwise than in the regular course of his duties, shall be guilty of a misdemeanor.

(C) Exchange of information. Nothing contained in such division (D) of § 9.68.020 of this code, shall prevent the Chief of Police from furnishing to the Sheriff of any county, the Chief of Police of any municipality, or the head of any other law enforcing agency which maintains any system of registration of convicted persons copies of the statements required to be filed under the provisions of such division (D) of § 9.68.020 of this code, together with photographs and fingerprints of persons making such statements, when and if such Sheriff, Chief of Police, or other head of a law enforcing agency furnishes to the Chief of Police of this city copies of statements, photo-graphs and fingerprints procured by him, and it is hereby made the duty of such Chief of Police to arrange for the exchange of such information.

(D) Enforcement use. Any police officer or other employee of the Police Department may, any other provisions herein notwithstanding, furnish to persons other than peace officers, photographs, fingerprints, descriptions and other data relative to persons registered as convicted persons, as defined by divisions (A), (B), (C), (D), (E) and (F) of § 9.68.010, for the purpose of furnishing the information required by division (D) of § 9.68.020 or for the purpose of securing and effecting the enforcement of such section; and the furnishing of such information, pictures and fingerprints shall be within the regular course of his duties.

('86 Code, § 9.68.050) (Ord. 2703, passed - - ) Penalty, see § 9.68.070

(A) False statements. No person required by any provisions hereof to furnish a statement shall in such statement give any false or fictitious address or any address other than a true address or intended address, or furnish in the making of any such report any false, untrue or misleading information or statement, relating to any information required by any of the provisions hereof to be made or furnished.

(B) Continuing offense. The duty to furnish statements when and in the manner provided by the provisions hereinbefore set forth is hereby declared to be a continuing one, and for each day that any person required under the provisions hereinbefore set forth to furnish a statement fails to do so, such failure shall constitute a separate offense; provided, however, that no person may be convicted more than once on account of violations occurring by reason of failure, on a series of days, to furnish such statements; provided, further, that nothing contained herein shall be deemed a bar to subsequent prosecu-tions for violations of the provisions of the sections occurring subsequent to a prior conviction or acquittal of a violation thereof.

('86 Code, § 9.68.060) (Ord. 2703, passed - - ) Penalty, see § 9.68.070

Any person who wilfully makes any false or misleading statement in any registration statement or fails to register as provided for in this code shall be guilty of a misdemeanor and shall be punishable as provided by § 1.12.010.

('86 Code, § 9.68.070) (Ord. 2703, passed - - )