sex offense

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 fellow Sens. Tom Umberg (D-Santa Ana) and Ben Allen (D-Santa Monica) abstained from a vote that ultimately failed 2-1-2 in the Senate Elections and Constitutional Committee.

The committee’s lone Republican, Steve Choi (R-Irvine), and Sen. Sabrina Cervantes (D-Riverside) voted in favor of the bill, which is likely dead because it failed to get support from a majority of the five-member panel.

AB 2753 could be reviewed in a floor session Thursday, but staff from the office of Assemblywoman Esmeralda Soria (D-Fresno), who authored the bill, are conceding that’s unlikely.

The defeat comes on the heels of unanimous support, including a 60-0 vote in favor on the Assembly Floor on May 7.

“I am deeply disappointed and disheartened after the Senate Elections Committee has failed to advance AB 2753, a bill that would have prohibited any registered sex offender in the State of California from running for local or state public office,” Soria said in a statement.

The bill’s wording said the legislation would “prohibit a person from being a candidate for, or elected to, any state or local elective office if the person has ever been required to register as a sex offender.”

Inquiries to the offices of Sens. Wiener, Umberg and Allen were not immediately returned.

Sex offenses in California are broken up into three tiers. First-tier offenses call for a minimum of 10 years placement on the sex offender registry. Second-tier offenses call for a minimum of 20 years and third tier crimes could result in a lifetime on the registry.

The types of offenses for each tier vary. Tier 1 offenses range from indecent exposure to misdemeanor child pornography and sexual battery. Tier 2 includes incest and penetration with a foreign object, and Tier 3 includes felony possession of child pornography, rape and pimping and pandering of a minor.

Wiener asked for amendments to the bill during the bill’s review and in the committee meeting, including that the lifetime ban only be applied to Tier 3 members.

He pointed to committee analysis of the bill that could affect so-called “Romeo and Juliet” couples — those close in age, for instance with one partner being 19 and the other being 17. If the younger partner sent sexually explicit digital content to the older partner (a misdemeanor), this law could ban the older partner from public office for life.

There were also concerns listed in the analysis that the registry, which dates back to 1947, could include LGBTQ+ offenders from decades ago who were convicted of offenses that are no longer crimes.

Wiener mentioned in the committee meeting civil rights strategist and fighter Bayard Rustin being placed on the California sex offender’s registry list after being arrested by Pasadena Police for having consensual sex with another man in 1953.

“Without the amendment contained in the analysis, I will be voting ‘no’ on this bill and recommending that the committee vote ‘no,’” Wiener said at the committee hearing.

He added that the sex offender list was “not punishment,” but instead “a tool for law enforcement to monitor who may potentially cause a risk.”

While Soria agreed to one bill amendment, she did not accept other provisions, including the elimination of lifetime bans on Tier 1 or 2 offenses.

“The bottom line is this: I was not willing to make additional amendments to this bill,” she said. “I made a promise to my community that I would do everything in my power to ensure they would never have to go through something like this again. Accepting additional amendments to this bill would have jeopardized that promise.”

Some of the impetus behind her bill revolved around the June 2 Fresno City Council election. Registered sex offender Rene Campos fell short of the necessary votes in his bid to run for Central Valley Council.

He was charged with possession of child pornography in 2018 and hosted his campaign kickoff in front of an elementary school.

Nelson Esparza, Fresno City Council President, spoke at the Senate Elections and Constitutional Committee meeting in favor of AB 2753.

“My office received dozens of calls from our residents asking how this could be allowed,” Esparza said of Campos’ candidacy. “AB 2753 closes this loophole.”

It’s unclear if this bill will be reintroduced next year at least at the Assembly level, as Soria is running for the state senate in November.