BILL NUMBER: SB 1192 CHAPTERED 08/31/01 CHAPTER 224 FILED WITH SECRETARY OF STATE AUGUST 31, 2001 APPROVED BY GOVERNOR AUGUST 30, 2001 PASSED THE ASSEMBLY AUGUST 20, 2001 PASSED THE SENATE MAY 21, 2001 AMENDED IN SENATE APRIL 17, 2001 INTRODUCED BY Senators Figueroa, Battin, and Margett (Coauthors: Assembly Members Aroner, Ashburn, Bates, Cox, Dickerson, Havice, Leach, and Vargas) MARCH 15, 2001 An act to amend Section 290.95 of the Penal Code, relating to sex offenders. LEGISLATIVE COUNSEL'S DIGEST SB 1192, Figueroa. Sex offender registration. Existing law requires persons convicted of specified sex offenses to register with local law enforcement agencies upon their discharge, parole, or release from confinement and to update that registration annually or upon a change of residence address, and makes any willful violation of the registration requirements a crime. Existing law further requires every person required to register as a sex offender, who applies or accepts a position as an employee or volunteer with any person, group, or organization, where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis, or have supervision or disciplinary power over minor children, to disclose his or her status as a registered sex offender, as specified. Failure to comply with this requirement is a misdemeanor. This bill would additionally prohibit a person who is required to register as a sex offender because of a conviction for a crime where the victim was a minor under 16 years of age, from serving as an employee or volunteer with any person, group, or organization, where the registrant would be working directly and in an unaccompanied setting with minor children, as specified. By creating a crime this bill would impose a state-mandated local program. 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. This bill would provide that no reimbursement is required by this act for a specified reason. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 290.95 of the Penal Code is amended to read: 290.95. (a) Every person required to register under Section 290, who applies or accepts a position as an employee or volunteer with any person, group, or organization where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children, shall disclose his or her status as a registrant, upon application or acceptance of a position, to that person, group, or organization. (b) No person who is required to register under Section 290 because of a conviction for a crime where the victim was a minor under 16 years of age shall be an employee or act as a volunteer with any person, group, or organization where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children. (c) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, and a violation of this section shall not constitute a continuing offense. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.