What is the test for determining whether a change of address notification is a modification or clarification of a statute?

California, United States of America


The following excerpt is from People v. Franklin, 20 Cal.4th 249, 84 Cal.Rptr.2d 241, 975 P.2d 30 (Cal. 1999):

"[T]he determination of the meaning of statutes is a judicial function...." (People v. Cruz (1996) 13 Cal.4th 764, 781, 55 Cal.Rptr.2d 117, 919 P.2d 731.) We look to all pertinent circumstances and considerations in deciding whether an amendment is a modification or clarification of a statute. (Ibid.) Nothing in section 290, before its 1998 amendment, conclusively establishes that the statute imposed notification requirements on nonresidents. Change-of-address notification was required within 10 days of moving, which in this case occurred after defendant established residency in Texas. Under one reasonable interpretation of former section 290, at that point defendant, as a nonresident, had no further responsibilities under the California statute.

Page 246

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