BILL NUMBER: SB 1656 CHAPTERED
BILL TEXT
CHAPTER 471
FILED WITH SECRETARY OF STATE SEPTEMBER 11, 2002
APPROVED BY GOVERNOR SEPTEMBER 11, 2002
PASSED THE SENATE AUGUST 29, 2002
PASSED THE ASSEMBLY AUGUST 27, 2002
AMENDED IN ASSEMBLY AUGUST 25, 2002
AMENDED IN ASSEMBLY AUGUST 16, 2002
AMENDED IN ASSEMBLY JUNE 20, 2002
AMENDED IN SENATE APRIL 1, 2002
INTRODUCED BY Senator Scott
(Coauthors: Assembly Members Alquist, Correa, Washington, and
Wyland)
FEBRUARY 21, 2002
An act to amend Sections 44346, 44425, and 44940 of, and to add
Section 44242.6 to, the Education Code, relating to teacher
credentialing, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1656, Scott. Teacher credentialing: registered sex offenders.
(1) Existing law requires each allegation of an act or omission by
an applicant for, or holder of, a credential for which he or she may
be subject to an adverse action be presented to the Committee of
Credentials for an investigation, as specified. At the completion of
its investigation, the committee is required to report its actions
and decisions to the Commission on Teacher Credentialing. Existing
law provides that the committee has jurisdiction to commence an
investigation and a meeting or hearing upon receipt of certain
information evidencing misconduct.
This bill would, in addition, authorize the committee to inquire
into allegations of misconduct by an applicant for, or holder of, a
credential. The bill would authorize the committee to make inquiries
of any entity that may reasonably have knowledge of the alleged
misconduct.
(2) Existing law requires the Commission on Teacher Credentialing
to deny an application for the issuance or renewal of a credential
made by an applicant who has been determined to be a sexual
psychopath, as defined, who has been convicted of a sex offense, as
defined, or a controlled substance offense, as defined, or who has
been found to be insane through a criminal proceeding, as prescribed.
This bill would additionally require the commission to deny the
application of any applicant who is required to register as a sex
offender, as prescribed.
(3) Existing law requires the commission to suspend the credential
of any credential holder who is convicted of a sex offense, as
defined, or a controlled substance offense, as defined, and to revoke
that credential when the conviction becomes final or when the
imposition of sentence is suspended. Existing law also sets forth a
procedure that is applicable when a credential holder makes a plea of
nolo contendere that does not constitute a conviction, as defined,
of a sex offense, as defined.
This bill would additionally require the commission to suspend the
credential of any credential holder who is required to register as a
sex offender, as prescribed. The bill would provide for
reinstatement or revocation of the certificate upon final disposition
of the underlying conviction, as provided.
(4) Existing law provides that, upon being charged, as specified,
with certain sex or controlled substance offenses, a certificated
employee of a school district be placed on compulsory leave of
absence.
This bill would require a school district to forward a copy of the
charge to the commission no later than 10 days after receipt, thus
imposing a state-mandated local program. The bill would require the
commission, upon receiving a copy of the complaint, information, or
indictment containing the charge to automatically suspend the
employee's credential. The bill would provide for the duration of
the suspension to be not more than 10 days after the date of entry of
the judgment in the proceedings.
(5) This bill would declare that it is to take effect immediately
as an urgency statute.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44346 of the Education Code is amended to read:
44346. (a) The commission shall deny any application for the
issuance of a credential or for the renewal of a credential made by
any applicant who comes within any of the following classes:
(1) Has been determined to be a sexual psychopath under the
provisions of Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6 of the Welfare and Institutions Code or under
similar provisions of law of any other state.
(2) Has been convicted of any sex offense, as defined in Section
44010.
(3) Has been convicted of a controlled substance offense, as
defined in Section 44011.
(4) Has been found to be insane through a criminal proceeding by a
federal court or a court in this or any other state.
(b) (1) Notwithstanding paragraphs (2) and (3) of subdivision (a),
no person shall be denied a credential solely on the basis that he
or she has been convicted of a crime specified in paragraphs (2) and
(3) of subdivision (a) if the person has obtained a certificate of
rehabilitation and pardon pursuant to Chapter 3.5 (commencing with
Section 4852.01) of Title 6 of Part 3 of the Penal Code, and if his
or her probation has been terminated and the information or
accusation has been dismissed pursuant to Section 1203.4 of the Penal
Code.
(2) Notwithstanding any other law, the commission shall deny the
application of any applicant who is required to register as a sex
offender pursuant to either of the following:
(A) Section 290 of the Penal Code.
(B) A law of any other state or of the United States when the
underlying offense, if committed or attempted in this state, would
require registration as a sex offender under Section 290 of the Penal
Code.
(c) Notwithstanding paragraph (3) of subdivision (a) or
subdivision (b), the commission may issue a credential to a person
convicted of a controlled substance offense as defined in Section
44011 if the commission determines from the evidence presented that
the person has been rehabilitated for at least five years, or has
received a certificate of rehabilitation and pardon pursuant to
Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of
the Penal Code, or if the accusation or information against the
person has been dismissed and he or she has been released from all
disabilities and penalties resulting from the offense pursuant to
Section 1203.4 of the Penal Code.
(d) Notwithstanding paragraph (4) of subdivision (a), the
commission may issue a credential to a person found to be insane
through a criminal proceeding by a federal court or a court in this
or any other state if the commission determines from the evidence
presented that the person has been rehabilitated for at least five
years.
SEC. 2. Section 44425 of the Education Code is amended to read:
44425. (a) Whenever the holder of any credential issued by the
State Board of Education or the Commission on Teacher Credentialing
has been convicted of any sex offense, as defined in Section 44010,
or controlled substance offense, as defined in Section 44011, the
commission shall forthwith suspend the credential. If the conviction
is reversed and the holder is acquitted of the offense in a new
trial or the charges against him or her are dismissed, the commission
shall forthwith terminate the suspension of the credential. When
the conviction becomes final or when imposition of sentence is
suspended, the commission shall forthwith revoke the credential.
(b) Notwithstanding any other law, revocation shall be final
without possibility of reinstatement of the credential if the
conviction is for a felony sex offense, as defined in Section 44010,
or a felony controlled substance offense, as defined in Section
44011, in which an element of the controlled substance offense is
either the distribution to, or use of a controlled substance by, a
minor.
(c) Upon a plea of nolo contendere to any sex offense specified in
Section 44010, which plea does not constitute a conviction pursuant
to Section 1016 of the Penal Code, all credentials held by the
respondent shall be suspended until a final disposition regarding
those credentials is made by the commission. Any action that the
commission is permitted to take following a conviction may be taken
after the time for appeal has elapsed, or the judgment of conviction
has been affirmed on appeal, or when an order granting probation is
made suspending the imposition of sentence and the time for appeal
has elapsed or the judgment of conviction has been affirmed on
appeal, irrespective of a subsequent order under Section 1203.4 of
the Penal Code.
(d) (1) Notwithstanding any other provision of law, the commission
shall immediately suspend the credential of any holder who is
required to register as a sex offender pursuant to either of the
following:
(A) Section 290 of the Penal Code.
(B) A law of any other state or of the United States when the
underlying offense, if committed in this state, would require
registration as a sex offender pursuant to Section 290 of the Penal
Code.
(2) If the conviction requiring registration as a sex offender is
reversed on appeal and the holder is acquitted at a new trial or if
the charges against the holder are dismissed as a result of the
reversal, upon notice, the commission shall immediately reinstate the
credential.
(3) The commission shall immediately revoke a credential based on
a conviction requiring registration as a sex offender when the time
for appeal has elapsed, the judgment of conviction has been affirmed
on appeal, or an order granting probation is made suspending the
imposition of sentence and the time for appeal has elapsed.
SEC. 3. Section 44940 of the Education Code is amended to read:
44940. (a) For purposes of this section, "charged with a
mandatory leave of absence offense" is defined to mean charged by
complaint, information, or indictment filed in a court of competent
jurisdiction with the commission of any sex offense as defined in
Section 44010, or with the commission of any offense involving aiding
or abetting the unlawful sale, use, or exchange to minors of
controlled substances listed in Schedule I, II, or III, as contained
in Section 11054, 11055, and 11056 of the Health and Safety Code,
with the exception of marijuana, mescaline, peyote, or
tetrahydrocannabinols.
(b) For purposes of this section, "charged with an optional leave
of absence offense" is defined to mean a charge by complaint,
information, or indictment filed in a court of competent jurisdiction
with the commission of any controlled substance offense as defined
in Section 44011 or 87011, or a violation or attempted violation of
Section 187 of the Penal Code, or Sections 11357 to 11361, inclusive,
Section 11363, 11364, or 11370.1 of the Health and Safety Code,
insofar as these sections relate to any controlled substances except
marijuana, mescaline, peyote, or tetrahydrocannabinols.
(c) For purposes of this section and Section 44940.5, the term
"school district" includes county offices of education.
(d) (1) Whenever any certificated employee of a school district is
charged with a mandatory leave of absence offense, as defined in
subdivision (a), upon being informed that a charge has been filed,
the governing board of the school district shall immediately place
the employee on compulsory leave of absence. The duration of the
leave of absence shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings. No later than
10 days after receipt of the complaint, information, or indictment
described by subdivision (a), the school district shall forward a
copy to the Commission on Teacher Credentialing.
(2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall automatically
suspend the employee's teaching or service credential. The duration
of the suspension shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings.
(e) (1) Whenever any certificated employee of a school district is
charged with an optional leave of absence offense as defined in
subdivision (b), the governing board of the school district may
immediately place the employee upon compulsory leave in accordance
with the procedure in this section and Section 44940.5. If any
certificated employee is charged with an offense deemed to fall into
both the mandatory and the optional leave of absence categories, as
defined in subdivisions (a) and (b), that offense shall be treated as
a mandatory leave of absence offense for purposes of this section.
No later than 10 days after receipt of the complaint, information, or
indictment described by subdivision (a), the school district shall
forward a copy to the Commission on Teacher Credentialing.
(2) Upon receiving a copy of a complaint, information, or
indictment described in subdivision (a) and forwarded by a school
district, the Commission on Teacher Credentialing shall automatically
suspend the employee's teaching or service credential. The duration
of the suspension shall be until a time not more than 10 days after
the date of entry of the judgment in the proceedings.
SEC. 4. Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to protect pupils in California schools from registered
sex offenders as soon as possible, it is necessary that this act take
effect immediately.