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Sex offenders’ court battles will continue
By signonsandiego.com
Published: 02/02/2010

The state Supreme Court yesterday rejected some challenges to laws limiting where certain sex offenders can live, but did not end court fights over how the law applies to individuals facing the restrictions.

The court’s 5-2 ruling did not fully lay to rest arguments that the restrictions approved with the passage of Proposition 83 in 2006 violate constitutional protections of privacy and the right to travel, among others. Known as “Jessica’s Law,” the measure prohibits sex offenders from living within 2,000 feet of schools or parks.

The justices said they did not have enough information to decide those questions as they applied to the four individuals — including two from San Diego County — who were contesting the law’s restrictions.

They ordered the cases back to county trial courts for potentially lengthy hearings to determine if the laws are unfair. The results from those hearings, and potentially hundreds more across the state, will likely mean the court will revisit the questions, lawyers said yesterday.

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