BILL NUMBER: AB 321	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 12, 2013

   An act to add Section 290.48 to the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 321, as introduced, Donnelly. Registration of sex offenders:
nonpermitted addresses.
   Existing law, the Sex Offender Registration Act, requires a person
convicted of certain crimes, as specified, for the rest of his or
her life while residing in California, or while attending school or
working in California, as specified, to register with law enforcement
as a sex offender. Under existing law, a person registered as a sex
offender is required to register annually and to register a new
address if he or she changes residence.
   This bill would require an employee of a law enforcement agency
who receives the registration of a sex offender or the update to a
registration to check the address given by the sex offender and
ensure that the address is not that of a place where the sex offender
is prohibited from staying or a place that serves the needs of
children. The bill would require the employee of the law enforcement
agency to inform the person if the registered address is a place
where the person is prohibited from being and would require the
person to find a new address within 60 days and register that new
address with the appropriate law enforcement agency. By increasing
the duties of local law enforcement, this 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   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 290.48 is added to the Penal Code, to read:
   290.48.  (a) An employee of a law enforcement agency who receives
the registration of a sex offender or the update to a registration
pursuant to this chapter shall check the address given by the sex
offender and shall ensure that the address is not that of a place
where the sex offender is prohibited from staying or a place that
serves the needs of children, including, but not limited to, a day
care center or a foster home.
   (b) If the address is one where the person is not permitted to
live, the employee of the law enforcement agency shall inform the
person registering.
   (c) After receipt of notice required by subdivision (b) the person
shall have 60 days to find a new residence and to register that
address with the appropriate law enforcement agency.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.