Doe

Doe v. Schwarzenegger

Good Law
476 F. Supp. 2d 1178·2007 WL 471002·2007 U.S. Dist. LEXIS 12352
United States District Court, Eastern District of CaliforniaFebruary 9, 2007CIV. S-06-2521 LKK/GGHCalifornia2,779 words

Opinion

Opinion

Karlton, J.

ORDER

Plaintiffs challenge the constitutionality of the Sexual Predator Punishment and Control Act, which imposes residency restrictions and GPS monitoring on registered sex offenders. Pending before the court is plaintiffs’ motion for a preliminary injunction. The court resolves the matter on the parties’ papers and after oral argument. For the reasons set forth below, the court finds that the law has only prospective effect and is therefore inapplicable to plaintiffs.

I. Background

Plaintiffs challenge the constitutionality of the Sexual Predator Punishment and Control Act: Jessica’s Law (“SPPCA”), which California voters enacted into law on November 7, 2006. The SPPCA prohibits registered sex offenders from residing within 2,000 feet of any public or private school, or park where children regularly gather, Cal.Penal Code § 3003.5, and requires them to be monitored by a global positioning system (“GPS”) for parole, Cal.Penal Code § 3000.07, and for life, Cal.Penal Code § 3004. Previously, on November 17, 2006, the court granted a temporary restraining order with respect to the residency restriction but denied relief as to the GPS requirements. Pending before the court is…

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