Amended in Senate April 8, 2013

Senate Bill No. 160

Introduced by Senators Lara and De León

February 1, 2013

An act to begin insert amend Section 44010 of, and to end insert add Section 45304.5 begin delete to end delete begin insert to, end insert the Education Code, relating to classified school employees.

LEGISLATIVE COUNSEL’S DIGEST

SB 160, as amended, Lara. Classified school employees: begin delete child abuse investigations end delete begin insert misconduct against a child end insert : statewide tracking.

Existing law requires the governing board of a school district to place a classified employee on a compulsory leave of absence in specified circumstances, including, among other circumstances, if the employee is charged by complaint, information, or indictment filed in a court of competent jurisdiction with the commission of a sex offense, as defined.

This bill would require a school district begin insert or charter school end insert to notify the begin delete state board end delete begin insert State Department of Education end insert when a classified employee of the school district begin delete separates from employment with the district during the course of an investigation for child abuse, as defined in Section 11165.6 of the Penal Code, in which no arrest or conviction has been made end delete begin insert or charter school is dismissed, resigns, is suspended, retires, or is terminated from employment as a result of misconduct against a child, as specified end insert , thereby imposing a state-mandated local program. The bill would require the begin delete state board to keep a centralized list of these notifications and make the list available to all school districts end delete begin insert department, upon request by a school district or charter school, to provide that information for purposes of verifying previous employment of a classified employee end insert . begin insert The bill would make a conforming change and nonsubstantive changes. end insert

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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 44010 of the end insert begin insert Education Code end insert begin insert is amended
to read: end insert

44010.  

“Sex offense,” as used in Sections 44020, 44237, 44346,
44425, 44436, 44836, begin delete and end delete 45123 begin insert , and 45304.5 end insert , means any begin delete one or
more end delete of the offenses listed below:

(a)  begin delete Any end delete begin insert An end insert offense defined in Section 220, 261, 261.5, 262,
264.1, 266, 266j, 267, 285, 286, 288, 288a, 288.5, 289, 311.1,
311.2, 311.3, 311.4, 311.10, 311.11, 313.1, 647b, 647.6, or former
Section 647a, subdivision (a), (b), (c), or (d) of Section 243.4, or
subdivision (a) or (d) of Section 647 of the Penal Code.

(b)  begin delete Any end delete begin insert An end insert offense defined in former subdivision (5) of former
Section 647 of the Penal Code repealed by Chapter 560 of the
Statutes of 1961, or begin delete any end delete begin insert an end insert offense defined in former subdivision
(2) of former Section 311 of the Penal Code repealed by Chapter
2147 of the Statutes of 1961, if the offense defined in those sections
was committed begin delete prior to end delete begin insert before end insert September 15, 1961, to the same
extent that an offense committed begin delete prior to end delete begin insert before end insert that date was a
sex offense for the purposes of this section begin delete prior to end delete begin insert before end insert
September 15, 1961.

(c)  begin delete Any end delete begin insert An end insert offense defined in Section 314 of the Penal Code
committed on or after September 15, 1961.

(d)  begin delete Any end delete begin insert An end insert offense defined in former subdivision (1) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961 committed on or after September 7, 1955, and
begin delete prior to end delete begin insert before end insert September 15, 1961.

(e)  begin delete Any end delete begin insert An end insert offense involving lewd and lascivious conduct under
Section 272 of the Penal Code committed on or after September
15, 1961.

(f)  begin delete Any end delete begin insert An end insert offense involving lewd and lascivious conduct under
former Section 702 of the Welfare and Institutions Code repealed
by Chapter 1616 of the Statutes of 1961, if that offense was
committed begin delete prior to end delete begin insert before end insert September 15, 1961, to the same extent
that an offense committed begin delete prior to end delete begin insert before end insert that date was a sex
offense for the purposes of this section begin delete prior to end delete begin insert before end insert September
15, 1961.

(g)  begin delete Any end delete begin insert An end insert offense defined in Section 286 or 288a of the Penal
Code begin delete prior to end delete begin insert before end insert the effective date of the amendment of either
section enacted at the 1975-76 Regular Session of the Legislature
committed begin delete prior to end delete begin insert before end insert the effective date of the amendment.

(h)  begin delete Any end delete begin insert An end insert attempt to commit any of the offenses specified in
this section.

(i)  begin delete Any end delete begin insert An end insert offense committed or attempted in begin delete any other end delete begin insert another end insert
state or against the laws of the United States begin delete which end delete begin insert that end insert , if
committed or attempted in this state, would have been punishable
as one or more of the offenses specified in this section.

(j)  begin delete Any end delete begin insert A end insert conviction for an offense resulting in the requirement
to register as a sex offender pursuant to Section 290 of the Penal
Code.

(k) Commitment as a mentally disordered sex offender under
former Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of the Welfare and Institutions Code, as repealed by
Chapter 928 of the Statutes of 1981.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 45304.5 is added to the Education Code, to
read:

45304.5.  

(a) A school district begin insert or charter school, within 30
days of one of the following actions, end insert shall notify the begin delete state board end delete
begin insert department end insert when a classified employee of the school district
begin delete separates from employment with the district during the course of
an investigation for child abuse, as defined in Section 11165.6 of
the Penal Code, in which no arrest or conviction has been made end delete
begin insert or charter school is dismissed, resigns, is suspended, retires, or
is terminated from employment as a result of misconduct against
a child end insert .

(b) The begin delete state board end delete begin insert department end insert shall keep begin delete a centralized list of
the notifications end delete begin insert the information end insert provided pursuant to subdivision
(a) begin delete and make the list available to all school districts end delete begin insert and, upon
request by a school district or charter school, provide that
information for purposes of verifying previous employment for a
classified employee end insert .

begin insert

(c) For purposes of this section, “misconduct against a child”
means any of the following:

end insert begin insert

(1) A sex offense, as specified in Section 44010.

end insert begin insert

(2) Aiding or abetting the unlawful sale to, use by, or exchange
to, minors of a controlled substance included in Schedule I, II, or
III, as listed in Section 11054, 11055, or 11056 of the Health and
Safety Code, respectively.

end insert begin insert

(3) An offense specified in Sections 11165.2 to 11165.6,
inclusive, of the Penal Code.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.