BILL NUMBER: AB 1861	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 10, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Olsen
    (   Coauthors:   Assembly Members 
 Bill Berryhill,   Halderman,   Nestande, 
 and Perea   ) 
    (   Coauthor:   Senator   Rubio
 ) 

                        FEBRUARY 22, 2012

   An act to add Section 1243.5 to the Government Code, and to add
Section 288.6 to the Penal Code, relating to school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1861, as amended, Olsen. School employees: conduct with pupils.

   Existing law makes it a felony to engage in certain acts with a
minor, including willfully and lewdly committing any lewd or
lascivious act with a child who is under 14 years of age. Existing
law also provides that any elected public officer who takes public
office, or is reelected to public office, on or after January 1,
2006, who is convicted of any specified felony arising directly out
of his or her official duties, forfeits all rights and benefits
under, and membership in, any public retirement system in which he or
she is a member, effective on the date of final conviction, as
specified.
   This bill would make it a felony for any person who is a teacher
or employee at a public  or private  elementary or secondary
school to engage in a sexual relationship or  in excess and
 inappropriate communications, as defined, with a pupil of
any age who is enrolled in the school.
   This bill would also require a teacher or  school
 employee  at a public elementary or secondary school
 who is convicted of a felony pursuant to those provisions to
forfeit all rights and benefits in any public retirement system in
which he or she is a member, effective on the date of conviction, as
specified. The bill would require any contributions made by that
teacher or school employee to the public retirement system to be
returned to the teacher or school employee without interest.
   By creating a new crime, the bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1243.5 is added to the Government Code, to
read:
   1243.5.  (a) If a teacher or  school  employee
 of a public elementary or secondary school  is convicted of
a violation of Section 288.6 of the Penal Code, he or she shall
forfeit all accrued rights and benefits in any public retirement
system in which he or she is a member, effective on the date of the
conviction.
   (b) Any contributions to the public retirement system made by the
teacher or school employee described in subdivision (a) shall be
returned, without interest, to the teacher or school employee, in a
manner conforming with the requirements of the Internal Revenue Code.

   (c) The  public  school district that employs a teacher
or school employee described in subdivision (a) shall notify the
public retirement system in which the person is a member of the
person's conviction.
  SEC. 2.  Section 288.6 is added to the Penal Code, to read:
   288.6.  (a) Any teacher or employee at a public  or private
 elementary or secondary school who engages in a sexual
relationship or  in excess and  inappropriate
communication with a pupil of any age who is enrolled in the school
is guilty of a felony punishable by imprisonment in a county jail
pursuant to subdivision (h) of Section 1170.
   (b) For purposes of this section,  "excess and
inappropriate   "inappropriate  communication"
means any communication by a school employee to a pupil, regardless
of who initiated the communication, that  may be viewed as
derogatory,   is  sexual, lewd, 
threatening, harassing,   discriminatory, or
suggestive   or lascivious  in nature.
   (c) In addition to the penalties provided by this section, a
 person   teacher or employee at a public
elementary or secondary school  who is convicted of a violation
of this section shall, pursuant to Section 1243.5 of the Government
Code, forfeit his or her rights and benefits in any public retirement
system in which he or she is a member.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.