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Lockyer changes Prop. 83 position

first_imgAttorney General Bill Lockyer’s office is changing its interpretation of a sweeping, voter-approved law that requires sex offenders to reside at least 2,000 feet from parks and schools, a federal judge said Monday. After Lockyer’s office maintained in court briefs that Proposition 83 is not retroactive, Deputy Attorney General Teri Block told a judge Monday that the law does apply – albeit with a caveat – to those who committed their crimes before the law’s Nov. 7 passage. Block told U.S. District Judge Jeffrey White during a hearing challenging the constitutionality of Proposition 83, also called Jessica’s Law, that sex offenders who already are living within the prohibited zones can stay there – but if they move, they must comply with the new law. The attorney general’s interpretation of the law generally stands unless it is overturned by the courts, legislators or voters. AD Quality Auto 360p 720p 1080p Top articles1/5READ MORESurfer attacked by shark near Channel Islands calls rescue a ‘Christmas miracle’White said he felt “a little bit ambushed” because the state was taking “a completely new and different position than set forth in their papers.” After an hourlong hearing, White said he was extending a temporary restraining order that a different judge in the case issued on Nov. 8, barring enforcement of the residency requirements. U.S. District Judge Susan Illston had ruled that those requirements were likely unconstitutional because they were new punishment not on the books when the offenders committed their sex crimes. Judge White set another hearing for Feb. 23. By then, Lockyer, who is leaving office because of term limits, will have been replaced by Oakland Mayor Jerry Brown. 160Want local news?Sign up for the Localist and stay informed Something went wrong. Please try again.subscribeCongratulations! You’re all set!last_img read more