BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 307
                                                                Page  1

        CONCURRENCE IN SENATE AMENDMENTS
        AB 307 (Cook)
        As Amended  August 20, 2009
        2/3 vote.  Urgency
         
         
         ---------------------------------------------------------------------- 
        |ASSEMBLY: |     |(May 14, 2009)  |SENATE: |38-0 |(September 3, 2009)  |
         ---------------------------------------------------------------------- 
                  (vote not relevant)


         ------------------------------------------------------------------------ 
        |COMMITTEE VOTE:  |7-0  |(September 10,      |RECOMMENDATION: |Concur    |
        |                 |     |2009)               |                |          |
         ------------------------------------------------------------------------ 

        Original Committee Reference:    B. & P.  

         SUMMARY  :  Provides that any person required to register as a sex  
        offender who applies for, or accepts, a position as an employee or  
        volunteer with any person, group, or organization, where he or she  
        would be "working directly and in an unaccompanied setting"  
        includes positions which provide goods or services to minors.

         The Senate amendments  delete the Assembly version of this bill and,  
        instead, clarify the term, "working directly in an unaccompanied  
        setting" to include positions which provide goods or services to  
        minors.  
         
         EXISTING LAW  :

        1)Provides 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  
          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. 

        2)Mandates that every  person required to register as a sex  
          offender who applies for or accepts a position as an employee or  
          volunteer with any person, group, or organization where the  








                                                                AB 307
                                                                Page  2

          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. 

        3)States that  no 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 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 an independent  
          contractor who does not work directly in an unaccompanied setting  
          with minors. 

        4)Punishes those who fail to disclose his or her status as a sex  
          registrant, upon application or acceptance of employment that  
          involves working directly and in an unaccompanied with minors by  
          imprisonment in a county jail for not exceeding six months, by a  
          fine not exceeding one $1,000, or by both that imprisonment and  
          fine, and a violation of this section shall not constitute a  
          continuing offense. 

         AS PASSED BY THE ASSEMBLY  , this bill prohibited a city or county  
        from issuing a license to operate an ice cream truck to any person  
        who is required to register as a sex offender because of a  
        conviction for a crime against a person under 16 years of age.

         FISCAL EFFECT  :  According to the Senate Appropriations Committee,  
        pursuant to Senate Rule 28.8, negligible state costs.

         
        Analysis Prepared by  :  Nicole J. Hanson / PUB. S. / (916) 319-3744

                                                                FN: 0003164