BILL NUMBER: SB 689 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Hollingsworth
FEBRUARY 27, 2009
An act to amend Section 1566.3 of the Health and Safety Code, and
to amend Section 3003.5 of the Penal Code, relating to sex offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 689, as introduced, Hollingsworth. Sex offenders: residency
restrictions.
Existing law prohibits a parolee who served a term of imprisonment
in state prison for any sex offense requiring registration, from,
during the period of parole, residing in any single family dwelling
with any other person also required to register as a sex offender,
unless those persons are legally related by blood, marriage, or
adoption. Existing law excludes a residential facility that serves 6
or fewer persons from the definition of a single family dwelling for
this purpose.
This bill would remove the exclusion of a residential facility
that serves 6 or fewer persons from the definition of a single family
dwelling and would, instead, allow a county or city to include a
residential facility that serves 6 or fewer persons within the local
definition of a single family dwelling for purposes of the
restriction on sex offenders living together. This bill would also
allow a county or city to prohibit a person released on parole, after
having served a term of imprisonment in state prison for any offense
for which registration as a sex offender is required, from residing,
during the period of parole, in any single family dwelling with any
other person also on parole after having served a term of
imprisonment in state prison for any offense for which registration
as a sex offender is required, unless those persons are legally
related by blood, marriage, or adoption.
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. Section 1566.3 of the Health and Safety Code is amended
to read:
1566.3. (a) Whether or not unrelated persons are living together,
a residential facility that serves six or fewer persons shall be
considered a residential use of property for the purposes of this
article. In addition, the residents and operators of such a facility
shall be considered a family for the purposes of any law or zoning
ordinance which relates to the residential use of property pursuant
to this article , except as provided in subdivision (h) .
(b) For the purpose of all local ordinances, a residential
facility that serves six or fewer persons shall not be included
within the definition of a boarding house, rooming house, institution
or home for the care of minors, the aged, or the mentally infirm,
foster care home, guest home, rest home, sanitarium, mental hygiene
home, or other similar term which implies that the residential
facility is a business run for profit or differs in any other way
from a family dwelling , except as provided in subdivision (h)
.
(c) This section shall not be construed to prohibit any city,
county, or other local public entity from placing restrictions on
building heights, setback, lot dimensions, or placement of signs of a
residential facility which serves six or fewer persons as long as
such restrictions are identical to those applied to other family
dwellings of the same type in the same zone.
(d) This section shall not be construed to prohibit the
application to a residential care facility of any local ordinance
that deals with health and safety, building standards, environmental
impact standards, or any other matter within the jurisdiction of a
local public entity if the ordinance does not distinguish residential
care facilities which serve six or fewer persons from other family
dwellings of the same type in the same zone and if the ordinance does
not distinguish residents of the residential care facilities from
persons who reside in other family dwellings of the same type in the
same zone. Nothing in this section shall be construed to limit the
ability of a local public entity to fully enforce a local ordinance,
including, but not limited to, the imposition of fines and other
penalties associated with violations of local ordinances covered by
this section.
(e) No conditional use permit, zoning variance, or other zoning
clearance shall be required of a residential facility which serves
six or fewer persons which is not required of a family dwelling of
the same type in the same zone.
(f) Use of a family dwelling for purposes of a residential
facility serving six or fewer persons shall not constitute a change
of occupancy for purposes of Part 1. 5 (commencing with Section
17910) of Division 13 or local building codes. However, nothing in
this section is intended to supersede Section 13143 or 13143.6, to
the extent such sections are applicable to residential facilities
providing care for six or fewer residents.
(g) For the purposes of this section, "family dwelling," includes,
but is not limited to, single-family single
family dwellings, units in multifamily dwellings, including
units in duplexes and units in apartment dwellings, mobilehomes,
including mobilehomes located in mobilehome parks, units in
cooperatives, units in condominiums, units in townhouses, and units
in planned unit developments.
(h) Notwithstanding any other provision of law, a city or county
may adopt a local ordinance prohibiting a person released on parole
after having served a term of imprisonment in state prison for any
offense for which registration is required pursuant to Section 290 of
the Penal Code, from residing, during the period of parole, in any
single family dwelling with any other person also on parole after
having served a term of imprisonment in the state prison for any
offense for which registration as a sex offender is required pursuant
to Section 290, unless those persons are legally related by blood,
marriage, or adoption. For purposes of this subdivision, a city or
county may include a residential facility which serves six or fewer
persons, including, but not limited to, a "sober living facility"
within the definition of a "single family dwelling."
SEC. 2. Section 3003.5 of the Penal Code is amended to read:
3003.5. (a) Notwithstanding any other provision of law, when a
person is released on parole after having served a term of
imprisonment in state prison for any offense for which registration
is required pursuant to Section 290, that person may not, during the
period of parole, reside in any single family dwelling with any other
person also required to register pursuant to Section 290, unless
those persons are legally related by blood, marriage, or adoption.
For purposes of this section, "single family dwelling" shall
not include a residential facility which serves six or fewer
persons. a city or county may adopt a local ordinance
to include a "residential facility that serves six or
fewer persons," including a "sober living facility," within the
definition of a "single family dwelling."
(b) Notwithstanding any other provision of law, it is unlawful for
any person for whom registration is required pursuant to Section 290
to reside within 2000 2,000 feet of
any public or private school, or park where children regularly
gather.
(c) Nothing in this section shall prohibit municipal jurisdictions
from enacting local ordinances that further restrict the residency
of any person for whom registration is required pursuant to Section
290.