Amended in Senate May 28, 2013

Amended in Senate May 7, 2013

Amended in Senate April 24, 2013

Amended in Senate April 1, 2013

Senate BillNo. 326


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 billbegin delete would, if the chief administrative official of a school elects to grant 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 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 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.end deletebegin insert would authorize the chief administrative official of the school to grant a registered sex offender who is not a family member of a pupil who attends that school, permission to come into a school building or upon the school grounds to volunteer at the school, provided that the chief administrative official notifies the parent or guardian of each child attending the school of the permission, as specified.end insert

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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.

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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.

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This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 626.81 of the Penal Code is amended to
2read:

3

626.81.  

(a) A person who is required to register as a sex
4offender pursuant to Section 290, who comes into any school
5building or upon any school ground without lawful business
6thereon and written permission indicating the date or dates and
7times for which permission has been granted from the chief
8administrative official of that school, is guilty of a misdemeanor.

9(b) (1) begin deleteIf a person who requests permission end deletebegin insertThe chief
10administrative official of a school may grant a person who is
11subject to this section and not a family member of a pupil who
12attends that school, permission end insert
to come into a school building or
13upon the school groundsbegin delete is not a parent or guardian with legal
14custody of a pupil who attends that school and the chief
15administrative official of the school, in his or her discretion, elects
P3    1to consider whether to grant permission to that person, he or she
2shall comply with the requirements set forth in this subdivision.end delete

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3(2) The chief administrative official of a school may grant
4permission to a person who is subject to this subdivision to come
5into any school building or upon any school ground only after the
6chief administrative official has consulted with the person’s
7registering authority.

8(3) The registering authority shall disclose to the chief
9administrative official, during the consultation required by
10paragraph (2), the following information:

11(A) The person’s most recent static State Authorized Risk
12Assessment Tool for Sex Offenders (SARATSO) assessment score,
13obtained pursuant to Section 290.06, and most recent SARATSO
14dynamic tool and SARATSO future violence tool assessment
15scores, obtained pursuant to Section 290.09, if those scores are
16available from the California Sex and Arson Registry.

17(B) A brief description of the facts underlying the offense or
18offenses for which the person is required to register, if that
19information is available from the California Sex and Arson
20Registry, police reports, or presentencing reports.

21(C) Any facts known to the registering authority that indicate
22the person poses a current risk to children, including, but not
23limited to, the presence of risk factors associated with committing
24sexual or violent offenses.

25(D) The registering authorities’ assessment, based on the
26information identified in subparagraphs (A) to (C), inclusive, of
27the risk that the person will reoffend.

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begin delete28(4) (A) If the chief administrative official determines after the
29consultation required by paragraph (2) that he or she will grant the
30person permission to come into a school building or upon school
31grounds and the registering authority has concluded that the person
32poses a moderate to high risk of reoffending, the chief
33administrative official may grant the person permissionend delete
begin insert to volunteer
34at the schoolend insert
, provided that, notwithstanding subdivisions (a) and
35(c) of Section 290.45, at least 14 days prior to the first date for
36which permission has been granted, the chief administrative official
37notifies or causes to be notified the parent or guardian of each child
38attending the school that a person who is required to register as a
39sex offender pursuant to Section 290 has been granted permission
40to come into a school building or upon school grounds, the date
P4    1or dates and times for which permission has been granted, and his
2or her right to obtain information regarding the person from a
3designated law enforcement entity pursuant to Section 290.45. The
4notice required by thisbegin delete subparagraphend deletebegin insert paragraphend insert shall be provided
5by one of the methods identified in Section 48981 of the Education
6Code.

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7(B)

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8begin insert(2)end insert Any chief administrative official or school employee who
9in good faith disseminates the notification and information as
10required bybegin delete subparagraph (A)end deletebegin insert paragraph (1)end insert shall be immune from
11civil liability for action taken in accordance with thatbegin delete provisionend delete
12begin insert paragraphend insert.

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13(5) For purposes of this subdivision, the “registering authority”
14is the law enforcement agency or agencies with which a person
15described in paragraph (1) is currently required to register pursuant
16to Section 290.

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17(c) Punishment for a violation of this section shall be as follows:

18(1) Upon a first conviction by a fine of not exceeding five
19hundred dollars ($500), by imprisonment in a county jail for a
20 period of not more than six months, or by both the fine and
21imprisonment.

22(2) If the defendant has been previously convicted once of a
23violation of this section, by imprisonment in a county jail for a
24period of not less than 10 days or more than six months, or by both
25imprisonment and a fine of not exceeding five hundred dollars
26($500), and shall not be released on probation, parole, or any other
27basis until he or she has served not less than 10 days.

28(3) If the defendant has been previously convicted two or more
29times of a violation of this section, by imprisonment in a county
30jail for a period of not less than 90 days or more than six months,
31or by both imprisonment and a fine of not exceeding five hundred
32dollars ($500), and shall not be released on probation, parole, or
33any other basis until he or she has served not less than 90 days.

34(d) Nothing in this section shall preclude or prohibit prosecution
35under any other provision of law.

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36

SEC. 2.  

No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution for certain
38costs that may be incurred by a local agency or school district
39because, in that regard, this act creates a new crime or infraction,
40eliminates a crime or infraction, or changes the penalty for a crime
P5    1or infraction, within the meaning of Section 17556 of the
2Government Code, or changes the definition of a crime within the
3meaning of Section 6 of Article XIII B of the California
4Constitution.

5However, if the Commission on State Mandates determines that
6this act contains other costs mandated by the state, reimbursement
7to local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.

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