BILL NUMBER: AB 1900 CHAPTERED
BILL TEXT
CHAPTER 340
FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2006
APPROVED BY GOVERNOR SEPTEMBER 20, 2006
PASSED THE ASSEMBLY AUGUST 30, 2006
PASSED THE SENATE AUGUST 29, 2006
AMENDED IN SENATE AUGUST 24, 2006
AMENDED IN SENATE AUGUST 16, 2006
AMENDED IN SENATE JUNE 26, 2006
AMENDED IN ASSEMBLY MARCH 29, 2006
AMENDED IN ASSEMBLY MARCH 14, 2006
AMENDED IN ASSEMBLY FEBRUARY 27, 2006
INTRODUCED BY Assembly Member Lieu
(Coauthors: Assembly Members Shirley Horton, Karnette, Koretz,
Spitzer, and Vargas)
(Coauthor: Senator Denham)
JANUARY 25, 2006
An act to amend Section 290.95 of the Penal Code, relating to sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 1900, Lieu Sex offenders: registration.
Existing law requires that persons convicted of certain
sex-related offenses register with designated local officials in the
county of their residence upon release from custody.
Existing law prohibits a person who is required to register as a
sex offender for a crime where the victim was a minor under 16 years
of age from being an employee or volunteer with any person, group, or
organization where the person 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.
This bill would add employers and independent contractors to this
prohibition and make other minor changes, as specified.
This bill would incorporate additional changes to Section 290.95
of the Penal Code proposed by AB 2263 contingent on the prior
enactment of that bill.
Because this bill would change the definition of a crime, it 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 for 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 employer, employee, or independent
contractor, or act as a volunteer with any person, group, or
organization, in a capacity in which 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. This subdivision shall not
apply to a business owner or independent contractor who has the
ability to hire, fire, or discipline minors, but who does not work
directly in an unaccompanied setting with minors.
(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. 1.5. Section 290.95 of the Penal Code is amended to read:
290.95. (a) Every person required to register under Section 290,
who applies for 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) Every person required to register under Section 290 who
applies for or accepts a position as an employee or volunteer with
any person, group, or organization where the applicant would be
working directly and in an accompanied setting with minor children,
and the applicant's work would require him or her to touch the minor
children on more than an incidental basis, shall disclose his or her
status as a registrant, upon application or acceptance of the
position, to that person, group, or organization.
(c) 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 employer, employee, or independent
contractor, or act as a volunteer with any person, group, or
organization in a capacity in which 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. This subdivision shall not
apply to a business owner or independent contractor who has the
ability to hire, fire, or discipline minors, but who does not work
directly in an unaccompanied setting with minors.
(d) 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. Section 1.5 of this bill incorporates amendments to
Section 290.95 of the Penal Code proposed by both this bill and AB
2263. It shall become effective only if (1) both bills are enacted
and become effective on or before January 1, 2007, (2) each bill
amends Section 290.95 of the Penal Code, and (3) this bill is enacted
after AB 2263, in which case Section 1 of this bill shall not become
operative.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California
Constitution.