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