Legal Question in Criminal Law in California
GPS tracking requirements
According to Sec. 22 of California prop 83, would a person who served jail time ONLY and no prison time for a registerable offense be required to submit to GPS tracking for life?
2 Answers from Attorneys
Re: GPS tracking requirements
This, and the web posting etc...for those required
to register per PC sec. 290 is another example of overreaching by the government. Especially those whose convictions were long before the effective date of the new rules...first place to start is with you counsel to see if you are covered by the rule...if not, no worries...on the face of the law...IT ONLY applies to parolees.. Assuming you are not a parolee on the offense it would appear to not apply.
A good information site is at: http://www.smartvoter.org/2006/11/07/ca/state/prop/83/
full text at: http://www.voterguide.ss.ca.gov/pdf/prop83_text.pdf
Just wait until the law is expanded to cover all persons required to register...
Best
DJM
Re: GPS tracking requirements
I just recently co-authored an article on Prop. 83. It remains to be seen what the Courts will do with this provision. However, the language is express in that it declares that a prison sentence must have been served. Therefore, I am of the opinion that a mere jail sentence does not count and would certainly make that argument to the Court.
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