BILL NUMBER: SB 160 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senators Lara and De León
FEBRUARY 1, 2013
An act to amend Section 44010 of, and to add Section
45304.5 to to, the Education Code,
relating to classified school employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 160, as amended, Lara. Classified school employees:
child abuse investigations misconduct against a child
: 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 or charter school
to notify the state board State
Department of Education when a classified employee of the
school district 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 or charter school is dismissed, resigns,
is suspended, retires, or is terminated from employment as a result
of misconduct against a child, as specified , thereby imposing
a state-mandated local program. The bill would require the
state board to keep a centralized list of these notifications and
make the list available to all school districts
department, upon request by a school district or charter school, to
provide that information for purposes of verifying previous
employment of a classified employee . The bill would make
a conforming change and nonsubstantive changes.
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 44010 of the
Education Code is amended to read:
44010. "Sex offense," as used in Sections 44020, 44237, 44346,
44425, 44436, 44836, and 45123 , and 45304.5
, means any one or more of the offenses
listed below:
(a) Any An 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) Any An offense defined in former
subdivision (5) of former Section 647 of the Penal Code repealed by
Chapter 560 of the Statutes of 1961, or any
an 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
prior to before September 15, 1961, to the same
extent that an offense committed prior to
before that date was a sex offense for the purposes of this
section prior to before September 15,
1961.
(c) Any An offense defined in
Section 314 of the Penal Code committed on or after September 15,
1961.
(d) Any An 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 prior to before September
15, 1961.
(e) Any An offense involving lewd and
lascivious conduct under Section 272 of the Penal Code committed on
or after September 15, 1961.
(f) Any An 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 prior to before
September 15, 1961, to the same extent that an offense
committed prior to before that date was
a sex offense for the purposes of this section prior to
before September 15, 1961.
(g) Any An offense defined in
Section 286 or 288a of the Penal Code prior to
before the effective date of the amendment of either
section enacted at the 1975-76 Regular Session of the Legislature
committed prior to before the effective
date of the amendment.
(h) Any An attempt to commit any of
the offenses specified in this section.
(i) Any An offense committed or
attempted in any other another state or
against the laws of the United States which
that , if committed or attempted in this state, would have been
punishable as one or more of the offenses specified in this section.
(j) Any A 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.
SECTION 1. SEC. 2. Section 45304.5
is added to the Education Code, to read:
45304.5. (a) A school district or charter school, within 30
days of one of the following actions, shall notify the
state board department when a classified
employee of the school district 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 or charter school
is dismissed, resigns, is suspended, retires, or is terminated from
employment as a result of misconduct against a child .
(b) The state board department shall
keep a centralized list of the notifications
the information provided pursuant to subdivision (a)
and make the list available to all school districts
and, upon request by a school district or charter school, provide
that information for purposes of verifying previous employment for a
classified employee .
(c) For purposes of this section, "misconduct against a child"
means any of the following:
(1) A sex offense, as specified in Section 44010.
(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.
(3) An offense specified in Sections 11165.2 to 11165.6,
inclusive, of the Penal Code.
SEC. 2. SEC. 3. 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.