Overview and History of Chelsea’s Law

One Strike And That’s It

California’s Assembly Bill 1844 – best known as Chelsea’s Law – doesn’t pull any punches when it comes to sentencing those who commit sexual offenses against minors. While those who continually commit felonies in the state are given “three-strikes” before being sentenced to jail for life without the possibility of parole, anyone who sexually violates a minor under certain circumstances will only have “one-strike.”

Since the bill received unanimous support by the California Assembly, the bill had an urgency clause included to make it an immediate law when it was signed by Governor Arnold Schwarzenegger on September 9, 2010 at a ceremony in San Diego.

Bipartisan Bill

Schwarzenegger had expressed his full support of the bill as it was pushed through the assembly, and wasted no time signing it when it was finally ready. He even commented that it was one of the rare times that Democrats and Republicans in the assembly actually got together to pass something.

The governor was not alone when he signed the bill. The parents of 17-year-old Chelsea King (the girl the bill was named after) and 14-year-old Amber Dubois were there to see it become a law. The teens from two San Diego suburbs were murdered by John Gardener III, a registered sex offender who later confessed to the crimes.

"Because of Chelsea, California's children will be safer. Because of Chelsea, this never has to happen again," said Schwarzenegger during the signing ceremony (Spagat, 2010).

GPS monitoring had existed prior to this law; however, tracking ended when the offenders left parole.

This law does more than put sexual offenders of minors in jail for life. The law will affect those already convicted of these crimes. A lifetime parole will be given to them, thus making sure that members of the law enforcement community can keep a closer eye on these perpetrators.

Also, according to the law, it will increase other penalties, such as using GPS tracking devices to track those convicted of forcible sex crimes against children under 14. GPS monitoring had existed prior to this law; however, tracking ended when the offenders left parole.

The law would create “safe zones” which will prohibit sex offenders from visiting places where children congregate (Fletcher, 2010). This may include schools or parks.

Finally, the “one-strike” provisions will consider the victims’ ages or whether they were bound or drugged by the perpetrators. If such provisions are present, those convicted of this crime will have an automatic life sentence without parole.

The legislation, written by Assemblyman Nathan Fletcher (R-San Diego), has a simple goal: impose tougher laws against those who commit this type of crime. While the outcry over the murders by this convicted child molester led to the creation of this bill, years of public outcry for harsher jail sentences for sexual predators played a crucial role.

The Parents Took Action

Another pivotal part of the formation of the law were the parents. They gave testimonies before a committee during its time of debate in the Assembly to help formulate the bill’s regulations. Chelsea’s father, Brent King was so adamant about the bill’s passage, that he even considered starting a ballot initiative if the bill was not passed.

The law, in many respects, builds upon the three-strike rule that currently exists in California.

He was relieved and delighted that the bill was passed in such a timely manner.

"This is a meaningful first step in the right direction. We applaud the four members of the committee who made a clear statement that they value the safety of the children of California," said King (Spagat, 2010).

The law, in many respects, builds upon the three-strike rule that currently exists in California. Just like Chelsea’s Law, the rule was a response to the kidnapping and murder of Polly Klass by a career criminal.

The Klaas Case

Klaas was 12-years-old when she was abducted at knifepoint from her Petaluma, California home in 1993. She was later found strangled. The suspect accused of her death, Richard Allen Davis, was later convicted and sentenced to death. He is currently awaiting execution by lethal injection at San Quentin’s Death Row.

The Crime That was the Basis of the Law

For his crimes, Gardener received three life sentences without the possibility of parole. By confessing to his crimes he avoided a death sentence.

Gardener had been convicted in 2000 for molesting his 13-year-old neighbor. At the time he committed the two murders; Gardener was on parole but had routinely violated the conditions of his release. On top of receiving a sentence each for the rape and murder of Chelsea and Amber, he had a third life sentence added after pleading guilty to attacking a female jogger.

WORK CITED

1. Duke, Alan (Sept. 9, 2010): “Schwarzenegger signs California’s Chelsea’s Law”: CNN
2. Spagat, Elliot (Sept. 2010): “Chelsea’s Law Signed by Schwarzenegger, Will Give Some Sex Offenders Life in Prison”: Huffington Post (story taken offline)
3. City News Service (April, 2010):Chelsea's Law Makes It Out Of Committee": KPBS.com