A person convicted of any of the offenses mentioned in section 290 is by the provisions of that section required to register with the appropriate law enforcement agency. Registration consists of "(a) a statement in writing signed by such person, giving such information as may be required by the State Bureau of Criminal Identification, and (b) the fingerprints the fingerprints and photographs of such person." Three days after the registration, the registering law enforcement agency must forward the statement, the fingerprints and photograph to the State Bureau of Criminal Identification and Investigation.

The duty thus to register must be performed by the convicted person within a limited period of time after discharge or parole from the penal or correctional institution in which incarcerated as a result of the conviction. If committed to a state hospital as a sexual psychopath, he must register upon release from the hospital. The duty to register also rests upon him if and when he is relcased upon probation or is discharged upon the payment of a fine.

If any such person changes his residence address he must within ten days report his new address to the law enforcement agency with which he last registered. Such agency must within three days forward the information to the

to inquiry as to whether he is a sexual psychopath (Welf and Inst. Code, sec. 5501.)

The duty to reregister upon changing one's place of address is a continuing duty, a burden which the convicted person carries with him until his dying day. Being thus severely limited in his freedom of movement and continuously under police surveillance, all stemming from the conviction which has been set aside, set aside, the conclusion seems irresistible that this registration requirement is one of the "penalties and disabilities resulting from the offense or crime of which he has been convicted," from which, as a faithful and successful probationer, he is thereafter "released" by the mandate of section 1203.4.

state bureau which in turn must forward appropriate registration data to the local law enforcement agency having jurisdiction of the new place of residence. Failure to observe any of these requirements subjects the convicted person to the penalties of a misdemeanor. Also, conviction of a violation of section 290 renders a person liable 14

A persuasive discussion and interpretation of the expression "penalties and disabilities” as used in this section we find in People v. Mackey, 58 Cal. App. 123, 130. "Webster defines the word 'penalty' in part, as ‘Penal retribution,

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the suffering in person, rights, or property which is annexed by law or judicial decision to the commission of a crime or public offense;... Disadvantage, loss, or hardship due to some action, esp. to a transgression or error.' That lexicographer gives the following definition of 'disability,' quoting it in full; 'State of being disabled; deprivation or want of ability; absence of competent physical, intellectual, or moral power, means, fitness, or the like; an instance of such want or deprivation. Disabilities to perform what was covenanted. Milton. Chatham refused to see him, pleading his disability. Bancroft. Want of legal qualification to do a thing; legal incapacity, incompetency, or disqualification; mattachine REVIEW

also, an instance or cause of such incapacity.'... The two words are together to be given a broad and far-reaching construction because the legislature has coupled with their use the mandate that, where a convicted felon who has been admitted to probation has passed the period of probation, the court shall thereupon dismiss the accusation or information against such defendant." "

So much for the words "penalties and disabilities." We are mindful of the fact that the words "penal" and "penalty" have a variety of meanings or shades of meaning, according to the subject dealt with and the context in which the words are used. Here, the context suggests that perhaps the Legislature had criminal penalties and disabilities in mind. Section 1203.4 speaks of "penalties and disabilities resulting from the offense or crime of which he has been convicted." Does this expression suggest, perhaps, that section 1203.4 has reference to criminal or quasi-criminal penalties, penalties imposed

for punishment or prevention of crime, such as imprisonment, fine, posting of a bond to keep the peace, or registration and continuous and lifelong reregistration with the state and local police? This question is important in the current inquiry because of the legislative and judicial history of section 1203.4

The Legislature from time to time has enacted statutes expressly narrowing the scope of "all penaltics and disabilities resulting from," in each case limiting the exclusion to a specific type of situation. Originally, the subject matter of section 1203 4 occurred as a subdivision of section 1203 of the Penal Code. In 1927 the proviso which permits a prosecutor to plead and prove the prior conviction in a subsequent prosecution for any other offense was added to the subdivision. (Stats. 1927, ch. 770, p. 1493, subd. (4), at p. 1496.) In 1935 that subdivision (including the proviso) was lifted out of section 1203 and made into a separate section numbered 1203.4. (Stats. 1935, ch. 604, p. 1706 at 1709.)

11.

The other enactments narrowing the scope and application of section 1203.4 deal with the type of person who after investigation and examination is found and declared duly qualified to practice a given profession or calling or to conduct a certain type of operation that calls for a measurable degree of proficiency; specifically, drivers of motor vehicles, attorneys at law, physicians and surgeons, and public school teachers. The regulatory statutes concerning such persons subject them to disciplinary action (suspension or revocation of license or employment) for various causes including conviction of certain types of crime. Those statutes have been amended to make it clear that the indicated disciplinary action when taken is not affected by an order of release made pursuant to section 1203.4. (Section 309 of the Vehicle Code, added thereto in 1939, relating to the suspension or revocation of a

license to drive a motor vehicle; section 6102 of the Bus. and Prof. Code as amended in 1941, concerning the suspension or revocation of a license to practice law; sections 2383 and 2384 of the Busi15