BILL NUMBER: SB 326 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Beall
FEBRUARY 19, 2013
An act to amend Section 626.81 of the Penal Code, relating to sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 326, as amended, Beall. Sex offenders.
Existing law makes it a misdemeanor for any person who is required
to register as a sex offender to come into any school building or
upon any school ground without lawful business and written permission
from the chief administrative official of the school.
This bill would make technical, nonsubstantive changes to
that provision. require that the written permission
indicate the date or date range and time for which permission is
granted. The bill would authorize the chief administrative official
of a school to grant permission only after the chief administrative
official has consulted with the person's registering authority, as
defined. The bill would require the registering authority
to disclose to the chief administrative official specified
information regarding the person. The bill would require the chief
administrative official, in cases in which he or she has determined
that he or she will grant permission to the person, to again consult
the person's registering authority prior to granting permission. If
the registering authority has concluded that the person has a low
risk of reoffending or is undecided as to the person's risk of
reoffending, the bill would authorize the chief administrative
official to grant the person permission. If the registering authority
has concluded that the person has a moderate to high risk
of reoffending, the bill would authorize the chief administrative
official to grant the person permission provided that the chief
administrative official notifies the parents of children attending
the school of that fact, as specified.
By changing the definition of a crime, and by imposing new duties
on law enforcement agencies, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 626.81 of the Penal Code is amended to read:
626.81. (a) A person who is required to register as a sex
offender pursuant to Section 290, who comes into any school building
or upon any school ground without lawful business thereon and written
permission indicating the date or dates and times for which
permission has been granted from the chief administrative
official of that school, is guilty of a misdemeanor. If the
chief administrative official of the school, in his or her
discretion, elects to consider whether to grant permission, he or she
shall comply with the requirements set forth in subdivision (b).
(b) (1) The chief administrative official of a school may grant
permission to a person who is required to register as a sex offender
pursuant to Section 290 to come into any school building or upon any
school ground only after the chief administrative official has
consulted with the person's registering authority.
(2) The registering authority shall disclose to the chief
administrative official, during the consultation required by
paragraph (1), the following information:
(A) The person's most recent static State Authorized Risk
Assessment Tool for Sex Offenders (SARATSO) assessment score,
obtained pursuant to Section 290.06, and most recent SARATSO dynamic
tool and SARATSO future violence tool assessment scores, obtained
pursuant to Section 290.09, if those scores are available from the
California Sex and Arson Registry.
(B) A brief description of the facts underlying the offense or
offenses for which the person is required to register, if that
information is available from the California Sex and Arson Registry,
police reports, or presentencing reports.
(C) Any facts known to the registering authority that indicate the
person poses a current risk to children, including, but not limited
to, the presence of risk factors associated with committing sexual or
violent offenses.
(3) If the chief administrative official determines after the
consultation required by paragraph (1) that he or she will grant the
person permission to come into a school building or upon school
grounds, the chief administrative official shall again consult the
person's registering authority prior to granting permission and
advise the registering authority of that fact.
(A) If the registering authority has concluded that, based on the
information identified in subparagraphs (A) to (C), inclusive, of
paragraph (2), the person poses a low risk of reoffending or the
registering authority is undecided as to the person's risk of
reoffending, the chief administrative official may grant the person
permission.
(B) If the registering authority has concluded that, based on the
information identified in subparagraphs (A) to (C), inclusive, of
paragraph (2), the person poses a moderate to high risk of
reoffending, the registering authority shall inform the chief
administrative official of that fact. The chief administrative
official may grant the person permission, provided that,
notwithstanding subdivisions (a) and (c) of Section 290.45, the chief
administrative official notifies or causes to be notified the
parents of each child attending the school that a person who is
required to register as a sex offender pursuant to Section 290 has
been granted permission to come into a school building or upon school
grounds, the date or dates and times for which permission has been
granted, and their right to obtain information regarding the person
from a designated law enforcement entity pursuant to Section 290.45.
(C) Any chief administrative official or school employee who in
good faith disseminates the notification and information as required
by subparagraph (B) shall be immune from civil liability for action
taken in accordance with that provision.
(b)
( c) Punishment for a violation of this
section shall be as follows:
(1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in a county jail for a period
of not more than six months, or by both the fine and imprisonment.
(2) If the defendant has been previously convicted once of a
violation of this section, by imprisonment in a county jail for a
period of not less than 10 days or more than six months, or by both
imprisonment and a fine of not exceeding five hundred dollars ($500),
and shall not be released on probation, parole, or any other basis
until he or she has served not less than 10 days.
(3) If the defendant has been previously convicted two or more
times of a violation of this section, by imprisonment in a county
jail for a period of not less than 90 days or more than six months,
or by both imprisonment and a fine of not exceeding five hundred
dollars ($500), and shall not be released on probation, parole, or
any other basis until he or she has served not less than 90 days.
(c)
( d) Nothing in this section shall preclude
or prohibit prosecution under any other provision of law.
(e) For purposes of this section, the "registering authority" is
the law enforcement agency or agencies with which a person described
in subdivision (a) is currently required to register pursuant to
Section 290.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other 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.