BILL NUMBER: AB 2888 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2008
INTRODUCED BY Assembly Member La Malfa
FEBRUARY 22, 2008
An act to add Chapter 11.7 (commencing with Section 21900) to
Division 8 of the Business and Professions Code, relating to
business.
LEGISLATIVE COUNSEL'S DIGEST
AB 2888, as amended, La Malfa. Businesses: services for minors.
Existing law prohibits 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 being an employer, employee,
independent contractor, or volunteer with any person, group, or
organization in a capacity where the person would be directly working
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 require any person, entity, group, or
organization, whether operating as a nonprofit or for-profit
business, to require any person hired as an employee, independent
contractor, or volunteer to work directly and in an unaccompanied
setting with minor children to go through a criminal background
check, including being fingerprinted. The bill would prohibit a
person, entity, group, or organization from hiring any person to work
directly and in an unaccompanied setting with minor children if that
person is required to register as a sex offender for a crime where
the victim was a minor . A violation of that prohibition
would be punishable by a civil fine of up to $10,000. Moneys
from those fines would be placed in the Safe Sports Fund, which the
bill would create, and would be available, upon appropriation, to
compensate victims of sexual offenses who were minors at the time of
the offense, and their families.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 11.7 (commencing with Section 21900) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 11.7. BUSINESSES THAT PROVIDE SERVICES TO MINORS
21900. (a) Any person, entity, group, or organization, whether
operating as a nonprofit or for-profit business, shall require any
person hired as an employee, independent contractor, or volunteer to
work directly and in an unaccompanied setting with minor children to
go through a criminal background check, including being
fingerprinted.
(b) No person, entity, group, or organization shall hire any
person to work directly and in an unaccompanied setting with minor
children if that person is required to register pursuant to the Sex
Offender Registration Act because of a conviction for a crime where
the victim was a minor. A violation of this section shall be punished
by a civil fine of up to ten thousand dollars ($10,000).
(c) Moneys collected pursuant to this section shall be deposited
in the Safe Sports Fund, which is hereby created in the State
Treasury. Moneys in that fund shall be available, upon appropriation,
to compensate victims of sexual offenses who were minors at the time
of the offense, and their families.