Not surprisingly, the state is arguing that Proposition 83 does not require additional punishments for sex offenders and is seeking to have the lawsuit dismissed and the injunction lifted:
A lawsuit challenging the voter-approved measure that toughens restrictions on where registered sex offenders may live should be dismissed because it does not specify any penalties for violators, California's attorney general says.
Proposition 83 prohibits registered sex offenders from living within 2,000 feet of a school or park. A day after the measure passed Nov. 7, an unidentified California registered sex offender who lives within the 2,000 boundary filed the lawsuit, arguing, among other things, that it punishes him for a crime he's already paid for.
Attorney General Bill Lockyer moved late Wednesday to dismiss the lawsuit, arguing in a brief that Proposition 83 "does not call for punishment, much [sic] less imprisonment, for violation of the residency restriction."
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