BILL NUMBER: SB 326 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 7, 2013
AMENDED IN SENATE APRIL 24, 2013
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 require that the written permission indicate the
date or date range and time for which permission is granted. The bill
would authorize , if the chief
administrative official of a school elects to grant
permission only after permission to a person
who is not the parent or guardian with legal custody of a child who
attends that school, require the chief administrative official
has consulted to consult 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
and if the registering authority has concluded
that the person has a moderate to high risk of reoffending, to notify
the parent or guardian 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: yes.
State-mandated local program: 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) If a person who requests permission to come into a
school building or upon the school grounds is not a parent or
guardian with legal custody of a pupil who attends that school and
the chief administrative official of the school, in his or her
discretion, elects to consider whether to grant permission to that
person, he or she shall comply with the requirements set forth in
this subdivision.
(2) 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
subject to this subdivision 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)
( 3) The registering authority shall
disclose to the chief administrative official, during the
consultation required by paragraph (1) (2)
, 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.
(D) The registering authorities' assessment, based on the
information identified in subparagraphs (A) to (C), inclusive, of the
risk that the person will reoffend.
(3)
( 4) (A) If the chief administrative
official determines after the consultation required by paragraph
(1) (2) that he or she will grant the
person permission to come into a school building or upon school
grounds and the registering authority has concluded that the person
poses a moderate to high risk of reoffending, the chief
administrative official may grant the person permission, provided
that, notwithstanding subdivisions (a) and (c) of Section 290.45, at
least 14 days prior to the first date for which permission has been
granted, the chief administrative official notifies or causes to be
notified the parent or guardian 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 his or her right to obtain
information regarding the person from a designated law enforcement
entity pursuant to Section 290.45. The notice required by this
subparagraph shall be provided by one of the methods identified in
Section 48981 of the Education Code.
(B) Any chief administrative official or school employee who in
good faith disseminates the notification and information as required
by subparagraph (A) shall be immune from civil liability for action
taken in accordance with that provision.
(5) For purposes of this subdivision, the "registering authority"
is the law enforcement agency or agencies with which a person
described in paragraph (1) is currently required to register pursuant
to Section 290.
(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.
(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.