BILL NUMBER: AB 1108	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  APRIL 15, 2013

INTRODUCED BY   Assembly Members Perea and Frazier
   (Principal coauthor: Senator Huff)
   (Coauthors: Assembly Members Blumenfield, Hall, and Maienschein)
   (Coauthors: Senators Beall, Cannella, Fuller, and Lieu)

                        FEBRUARY 22, 2013

   An act to add Section 3003.6 to the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, as amended, Perea. Sex offenders: foster care homes:
prohibitions.
   Existing law requires every person convicted of certain offenses,
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 the chief of police of the city in which he or she is
residing, or the sheriff of the county if he or she is residing in an
unincorporated area or city that has no police department, and,
additionally, with the chief of police of a campus of the University
of California, the California State University, or community college
if he or she is residing upon the campus or in any of its facilities,
within 5 working days of coming into, or changing his or her
residence within, any city, county, or city and county, or campus in
which he or she temporarily resides, and to register thereafter as
specified. Existing law, the California Community Care Facilities
Act, provides for the licensure and regulation of community care
facilities, including group homes and foster family homes, by the
State Department of Social Services. Existing law provides for the
certification of foster homes by foster family agencies.
   This bill would, subject to exception, prohibit any person who is
required to register as a sex offender  , based upon the
commission of an offense against a minor,  from residing,
working, or volunteering in specified foster homes or facilities, as
provided. The bill would provide that violation of the prohibition is
a misdemeanor.
   By creating a new crime, 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 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 3003.6 is added to the Penal Code, to read:
   3003.6.  (a) Every person who is required to register pursuant to
 Sections 290 to 290.023, inclusive,   Section
290, based upon the commission of an offense against a minor, 
is prohibited from residing, except as a client, and from working or
volunteering in any of the following:
   (1) A foster home or facility that is licensed by the State
Department of Social Services or a county child welfare services
agency.
   (2) A certified home of a foster care agency.
   (3) A home or facility that receives a placement of a child who
has been, or may be, declared a dependent child of the juvenile court
pursuant to Section 300 of the Welfare and Institutions Code or
Section 602 of the Welfare and Institutions Code.
   (b) Any person who violates this section is guilty of a
misdemeanor.
  SEC. 2.  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.