BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2263|
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THIRD READING
Bill No: AB 2263
Author: Spitzer (R)
Amended: 8/17/06 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/20/06
AYES: Migden, Poochigian, Cedillo, Margett, Perata, Romero
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 05/25/06 - See last page for vote
SUBJECT : Registered sex offenders: disclosure of status
where the
registrant works with minors
SOURCE : Author
DIGEST : This bill requires registered sex offenders to
disclose their status as a registrant if they are going to
work or volunteer in a setting with minors where the
registrant, even if they are accompanied, would be required
to touch the minor on more than an incidental and
occasional basis, as specified.
Senate Floor Amendments of 8/17/06 are nonsubstantive
chaptering amendments relating to AB 1900 (Lieu).
ANALYSIS : Current law requires persons who are required
to register as sex offenders to disclose their status as a
CONTINUED
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registrant when they apply or accept 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.
Current law prohibits persons who are required to register
as sex offenders because of a conviction for a crime where
the victim was a minor under 16 years of age from being "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."
Current law provides that 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 $1000, or
by both that imprisonment and fine, as specified.
This bill amends this statute to additionally provide that
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 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 and occasional basis, shall disclose his or her
status as a registrant, upon application or acceptance of
the position, to that person, group, or organization."
This bill is double-jointed with AB 1900 (Lieu).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/17/06)
California District Attorneys Association
California Organization of Police and Sheriffs
California Peace Officers' Association
California Police Chiefs' Association
California Probation, Parole and Correctional Association
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California State Sheriffs' Association
Crime Victims United of California
Junior Leagues of California State Public Affairs Committee
Los Angeles District Attorney's Office
Office of the Attorney General
Office of the San Bernardino County Sheriff
Peace Officers Research Association of California
OPPOSITION : (Verified 8/17/06)
California Attorneys for Criminal Justice
Friends Committee on Legislation of California
Taxpayers for Improving Public Safety
ARGUMENTS IN SUPPORT : The author states that "Current
California law requires sex offenders to disclose their
status as a registrant only if the registrant will be
working directly with children in an unaccompanied setting.
This does not protect children in situations which a sex
offender is working with children in an accompanied setting
and that job requires employees to physically touch
children on more than an incidental and occasional basis."
ARGUMENTS IN OPPOSITION : The California Attorneys for
Criminal Justice argue:
"The California Attorneys for Criminal Justice (CACJ)
must regretfully oppose your AB 2263, a bill requiring
a registered sex offender who applies for apposition
where the registrant would be working directly and in
an accompanied setting with minor children, and the
registrant's work would require the registrant to touch
minor children on more than an incidental and
occasional basis, to disclose his or her status as a
registered sex offender.
"By requiring disclosure of any violation of Penal Code
290, AB 2263 will effectively prevent the employment of
any registrant. PC 290 includes a wide range of
registerable offences that do not include touching or
contact with minors.
"AB 2263 does not increase the safety of minors who, in
the presence of others, work with a registrant. This
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bill simply continues to punish people who have
offended, paid their debt and are trying to make their
way in the world by obtaining a decent job and
financial security for their family."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Harman, Haynes, Jerome Horton, Shirley Horton, Houston,
Huff, Jones, Karnette, Keene, Klehs, Koretz, La Malfa, La
Suer, Laird, Leno, Leslie, Levine, Lieber, Lieu, Liu,
Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nation, Nava, Negrete McLeod, Niello, Oropeza,
Parra, Pavley, Plescia, Richman, Ridley-Thomas, Sharon
Runner, Ruskin, Saldana, Salinas, Spitzer, Strickland,
Torrico, Tran, Umberg, Vargas, Villines, Walters, Wolk,
Wyland, Yee, Nunez
NO VOTE RECORDED: Goldberg, Hancock
RJG:mel 8/18/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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