Banning Municipal Code Ch. 9.20 Felon Registration

As used in this chapter, the term "convicted person" includes any person who, subsequent to January 1, 1921, has been or who shall hereafter be convicted of a felony or any offense punishable as a felony in the state or who has been or shall hereafter be convicted of the violation of any law in any place other than the state, which crime, if committed in the state would have been a felony or would have been punishable as a felony. Such term shall also include any person who, since January 1, 1921, has been or is hereafter convicted in the state or elsewhere of the violation of any law relating to the following subjects.

A. Relating to or regulating the possession, distribution, furnishing or use of any habit forming drug of the kind or character described and referred to in chapter 1, division 10 of the Health and Safety Code of the state.

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

C. 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.

D. Any attempt to commit, or any conspiracy to commit, any offense described or referred to in this section.

Subject to the hereinafter contained provisions, any person convicted of any of the above enumerated offenses prior to January 1, 1921, whose term of imprisonment, period of punishment or sentence, term of parole or probationary period, as the case may be, does not or will not expire until some date subsequent to January 1, 1921, and all persons convicted of any of the foregoing offenses or any offense described in the last paragraph of this section, subsequent to January 1, 1921, and whose term of imprisonment, period of probation or sentence, or term of parole, has not expired shall upon the expiration or termination of such term of imprisonment, period of probation or sentence, term of parole or probationary period, be deemed a convicted person.

In the event any person who is now, who has been, or who may hereafter be, placed on probation for the committing of any of the above enumerated offenses whose conviction is set aside in the manner provided by law, such person shall not be deemed a convicted person.

Any person who has been since January 1, 1921, or is hereafter convicted of or is adjudicated as a narcotic addict as defined in section 11720 of the Health and Safety Code of the state, or elsewhere, shall also be deemed a convicted person.

(Code 1965, § 19-1.)

Every convicted person being or residing within the city shall register with the chief of police.

(Code 1965, § 19-2.)

When any person registers with the chief of police as required by the preceding section, he shall furnish the chief of police a statement, in person and in writing, signed by the registrant, giving the following information:

A. True name. His true name and all aliases which he has used or under which he is or may have been known.

B. Description. A full and complete description of his person.

C. Scope of crime. The kind, character and nature of each crime of which he has been convicted.

D. Place of crime and conviction. The place where such crime was committed and the place of conviction of the same.

E. Name under which convicted and date thereof. The name under which he was convicted in each instance and the date thereof.

F. Name and location of institution. The name, if any, and the location of the prison, reformatory, jail or other penal institution in which he was confined or to which he was sentenced.

G. Residence—Generally. The location and address of his residence stopping place, living quarters or place of abode in the city. If he has more than one residence, stopping place or place of abode, that fact shall be stated and the location and address of each given.

H. Same—Type. A statement of the kind of residence, stopping place or place of abode in which he resides, whether the same is temporary or permanent, and whether the same is a private residence, hotel, apartment house or other building or structure.

I. Same—Time of occupancy. The length of time he has occupied such place of residence, stopping place or place of abode and the length of time he expects or intends to remain in the city.

J. Same—Former residences. A statement of each of his places of residence or abode for the three months period next preceding the date of his arrival in the city.

K. Occupation. A statement of his occupation and location and address of his place of business or employment.

L. Date of entry into state. The date he entered the state.

M. Miscellaneous. Such other and further information as may be required by the chief of police for the purpose of aiding and assisting him in carrying into effect the provisions and intent of this chapter.

(Code 1965, § 19-3.)

The statements required by the preceding section shall be made on forms prescribed therefor and provided by the chief of police.

(Code 1965, § 19-4.)

Every convicted person who enters and remains in the city for six hours shall within six hours after the expiration of such six hour period, furnish to the chief of police the written statement required by this chapter.

(Code 1965, § 19-5.)

Any person required by any provisions of this chapter to furnish a statement who shall, in such statement, give any false or fictitious address or any address other than a true 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 of this chapter to be made or furnished, shall be guilty of a violation of this Code.

(Code 1965, § 19-6.)

Every convicted person shall, at the time of registering and furnishing the information required by this chapter, be photographed and fingerprinted by the chief of police who shall cause such photograph and fingerprints to be made a part of the statement provided for by this chapter.

(Code 1965, § 19-7.)

Any photograph made and kept under the provisions of this chapter, or duplicate thereof, may be exhibited to persons other than those mentioned in Section 9.20.100 for the purpose of assisting in identifying perpetrators of any crime.

(Code 1965, § 19-8.)

The statements, photographs and fingerprints provided for by this chapter shall at all times be kept by the chief of police in a file separate and apart from other files and records maintained and kept by the chief of police.

(Code 1965, § 19-9.)

Except as otherwise provided in this chapter, the statements, photographs and fingerprints provided for by this chapter shall not be opened to inspection by the public or by any person other than the chief of police, his regularly appointed, qualified and acting police officers and employees in his office.

(Code 1965, § 19-10.)

Copies of the statements, photographs and fingerprints provided for by this chapter may be transmitted to the sheriff of any county in the state or to the chief of police of any municipality in the state or to the head of any department of the state 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 any municipality or head of any other law enforcement agency in any state or territory outside of the state, when request is made in writing by such sheriff or other head of any law enforcement agency asking for the record of a certain person, or for the record of a person whose photograph or fingerprints reasonably correspond with the photograph or fingerprint submitted with such request, and stating that such record is deemed necessary for the use of such law enforcement officer or agency in or concerning the investigation 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 purposes.

(Code 1965, § 19-11.)

Nothing contained in this chapter 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 enforcement agency which maintains any system of registration of convicted persons copies of the statements required to be filed under the provisions of this chapter, together with photographs and fingerprints of the persons making such statements when and if such sheriff, chief of police or other head of any law enforcement agency furnishes to the chief of police of the city copies of statements, photographs and fingerprints procured by him, and it is hereby made the duty of the chief of police to arrange for the exchange of such information.

(Code 1965, § 19-12.)

It shall be unlawful for the chief of police or any police officer or any other employee in the office of the chief of police to disclose to any person any information contained in any statement required to be filed under the provisions of this chapter otherwise than in the regular course of his duties and the provisions of this chapter which unlawful act shall constitute a violation of this Code.

(Code 1965, § 19-13.)

Any convicted person who is required to register under the provisions of this chapter, who changes his place of residence, stopping place or living quarters, shall, within forty-eight hours after the changing of his place of residence stopping place or living quarters, notify the chief of police of such fact and furnish to the chief the new address of his new residence, stopping place or living quarters, in the same manner and with the same detailed information as is required if the filing of the original statement under the provisions of this chapter.

(Code 1965, § 19-14.)