BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 326
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          SENATE THIRD READING
          SB 326 (Beall)
          As Amended  May 28, 2013
          Majority vote 

           SENATE VOTE  :37-0  
           
           EDUCATION           7-0         PUBLIC SAFETY       5-0         
           
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          |Ayes:|Buchanan, Olsen, Chávez,  |Ayes:|Ammiano, Melendez,        |
          |     |Gonzalez, Nazarian,       |     |Jones-Sawyer, Skinner,    |
          |     |Weber, Williams           |     |Waldron                   |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
          SUMMARY  :  Authorizes the chief administrative official (CAO) of  
          a school to grant a person who is required to register as a sex  
          offender and 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 under specified  
          conditions.  Specifically, this bill  :   

          1)Requires the CAO to, at least 14 days prior to the first date  
            for which permission has been granted, notify the parent or  
            guardian of each child attending the school that a person who  
            is required to register as a sex offender 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.  
             Requires the notice to be provided by one of the methods  
            required for the annual parent notification.  

          2)Provides immunity from civil liability to any CAO or school  
            employee who in good faith disseminates the notification and  
            information in accordance with this bill.

          3)Adds a requirement to specify the date or dates and times for  
            which permission is granted to a person who is required to  
            register as a sex offender to come into any school building or  
            upon any school ground for lawful business.  

           EXISTING LAW  :








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          1)Enumerates certain crimes for which a person shall be required  
            to register as a sex offender. (Penal Code (PC) Section  
            290.008)

          2)Specifies that any person who is required to register as a sex  
            offender who comes into any school building or upon any school  
            ground without lawful business and written permission from the  
            CAO of that school is guilty of a misdemeanor.  Specifies that  
            any violation shall be as follows:

             a)   Upon a first conviction, by a fine of not exceeding  
               $500, by imprisonment in a county jail for not more than  
               six months, or by both the fine and imprisonment.

             b)   If the defendant has been previously convicted once of  
               the violation, 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 not exceeding $500, and  
               shall not be released on probation, parole, or any other  
               basis until he or she has served not less than 10 days.  
             c)   If the defendant has been previously convicted two or  
               more times of the violation, 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 not exceeding  
               $500, and shall not be released on probation, parole, or  
               any other basis until he or she has served not less than 90  
               days.  (PC Section 626.81)

          3)Defines "CAO" for a school as the principal of the school, a  
            person who possesses a standard supervision credential or a  
            standard administrative credential and who is designated by  
            the principal, or a person who carries out the same functions  
            as a person who possesses a credential and who is designated  
            by the principal.  (PC Section 626)


          4)Specifies that, notwithstanding any other law, any person,  
            except a person required to register as a sex offender, may be  
            permitted by the governing board of any school district to  
            perform the duties related to supervising pupils during  
            breakfast, lunch or other nutrition period, or to serve as a  
            nonteaching volunteer aide.  (Education Code (EC) Section  
            35021)








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          5)Provides parents and guardians with the right to participate  
            in the education of their children in specified ways,  
            including the opportunity to volunteer their time and  
            resources for the improvement of school facilities and  
            programs under the direct supervision of district employees.   
            Specifies that school districts are not authorized to permit  
            participation by a parent or guardian if it conflicts with a  
            valid restraining order, protective order, or order for  
            custody or visitation issued by a court of competent  
            jurisdiction.  (EC Section 51101)

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  An individual who is convicted of specified  
          sex-related offenses is required to register with the local city  
          police department or the county sheriff's office in which he or  
          she is residing for the rest of his or her life.  According to  
          the Department of Justice, there are about 75,000 registered sex  
          offenders living in the state.  

          Under current law, any person who is required to register as a  
          sex offender who comes into any school building or upon any  
          school ground without lawful business and written permission  
          from the CAO (principal or principal's designee) of that school  
          is guilty of a misdemeanor and may be imposed with a fine and  
          imprisonment.  This bill requires the authorization by the CAO  
          to indicate the date or dates and times for which permission is  
          granted.  

          This bill also authorizes a CAO to allow a person who is  
          required to register as a sex offender and who is not a family  
          member of a pupil who attends that school to volunteer at the  
          school if the CAO sends a notification to all the parents and  
          guardians at the school at least 14 days prior to the date  
          permission is granted informing parents of the authorization and  
          their right to obtain information regarding the person from a  
          designated law enforcement entity.  The method for the  
          notification would be the same methods used to provide the  
          annual parent notification of the rights of parents, which  
          includes regular mail, an electronic method if requested by the  
          parent or guardian, or any other method normally used to  








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          communicate with parents or guardians in writing.  The bill does  
          not specify what actions must be taken or not taken if there is  
          objection by parents or guardians. 

          The CAO will continue to have authority to authorize a person  
          who is required to register as a sex offender to enter school  
          grounds for "lawful business," whether or not the individual is  
          a family member of a pupil enrolled at the school.  The CAO will  
          also continue to have authority to determine what constitutes  
          "lawful business."

          Under current law, parents and guardians of pupils have a right  
          to participate in the education of their children (e.g., attend  
          special education hearings, parent-teacher conferences,  
          expulsion hearings, etc.).  According to the Association of  
          California School Administrators, when notified that a parent or  
          guardian of a pupil is a person who must register as a sex  
          offender, principals honor the right of the parent or guardian  
          by making accommodations as to the place and time the parent or  
          guardian may participate in his or her child's education.  For  
          example, a principal may make alternative drop off and pick up  
          arrangements, schedule meetings after school, or escort the  
          parent or guardian in and out of a school site.  

          According to the Senate Public Safety Committee, a newspaper  
          article indicates that this bill was introduced due to parent  
          outrage over a parochial school event at which a convicted sex  
          offender was allowed to volunteer, with a permission slip from  
          the Diocese of San Jose.  It is unclear whether there have been  
          similar problems at public schools.  According to the author's  
          office, the notification requirement may reduce the number of  
          such authorizations.  

          The author states, "This bill ensures that parents are aware  
          that the individual will be on the premises ahead of time.   
          Parental notification of a sex offender on campus gives parents  
          the opportunity to take precautionary measures if they have  
          question regarding their child's safety."

          This bill raises the following policy considerations:  Should an  
          individual who is required to register as a sex offender be  
          prohibited from volunteering at school community activities if  
          the offense occurred many years ago and the individual has not  
          committed any other offenses?  While this bill does not revoke a  








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          principal's authority to enter a school campus for purposes of  
          volunteering, does it do so as a practical matter because of  
          either the costs involved with providing the required  
          notification, or due to fear of retribution from the parents of  
          the pupils?  Alternatively, rather than requiring a principal to  
          send a campus wide notification that may result in targeting of  
          the individual, should an individual who is required to register  
          as a sex offender who is not a family member of a pupil be  
          prohibited from volunteering?   


           Analysis Prepared by  :    Sophia Kwong Kim / ED. / (916) 319-2087  



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