BILL NUMBER: SB 1254 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY MARCH 19, 1998
PASSED THE SENATE JANUARY 29, 1998
CONFERENCE REPORT NO. 1
PROPOSED IN CONFERENCE JANUARY 22, 1998
AMENDED IN ASSEMBLY SEPTEMBER 10, 1997
AMENDED IN ASSEMBLY SEPTEMBER 8, 1997
AMENDED IN ASSEMBLY AUGUST 5, 1997
AMENDED IN ASSEMBLY JULY 11, 1997
AMENDED IN SENATE MAY 23, 1997
AMENDED IN SENATE MAY 1, 1997
AMENDED IN SENATE APRIL 21, 1997
AMENDED IN SENATE APRIL 14, 1997
AMENDED IN SENATE APRIL 8, 1997
INTRODUCED BY Senator Calderon
(Coauthor: Senator Costa)
(Coauthor: Assembly Member Granlund)
FEBRUARY 28, 1997
An act to amend Section 11166.5 of, and to add and repeal Section
290.05 of, the Penal Code, relating to children, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1254, Calderon. Child Endangerment Protection Act of 1998.
(1) Existing law requires persons convicted of specified sex
offenses to register with local law enforcement officials upon their
discharge, parole, or release from confinement and to update that
registration annually or upon a change of residence address. The
local law enforcement agency is required to forward that information
to the Department of Justice.
This bill would require until January 1, 2003, the registration of
high-risk sex offenders to include a voice sample suitable for voice
identification and verification and would require the Department of
Justice to determine the registrant's location by means of voice
identification and verification and to forward data retrieved from
this tracking program to the local law enforcement agency or agencies
that have current jurisdiction over the person's residence. By
imposing increased duties on local criminal justice systems that are
equivalent to those imposed by the establishment of a new crime, this
bill would impose a state-mandated local program.
(2) This bill would appropriate $138,000 from the General Fund to
the Department of Justice for the 1998-99 fiscal year for the purpose
of implementing the voice identification and verification
requirement described in (1) above.
(3) 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 no reimbursement is required by this
act for a specified reason.
(4) The bill would declare that it is to take effect immediately
as an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known as the Child Endangerment
Protection Act of 1998.
SEC. 2. Section 290.05 is added to the Penal Code, to read:
290.05. (a) (1) In addition to the requirements of subdivision
(e) of Section 290, the registration required pursuant to Section 290
shall include a voice sample suitable for voice identification and
verification, if the person is required to register for voice
identification and verification pursuant to subdivision (b).
(2) Within three days after registration, the registering law
enforcement agency or agencies shall forward the voice sample, if
required pursuant to subdivision (b), to the Department of Justice.
(3) Except as otherwise provided in this section, all provisions
of Section 290 shall apply to the voice identification and
verification requirement of this section.
(b) (1) In addition to the requirements under Section 290, every
person described in paragraph (2), as a condition of his or her
release, shall comply with the voice identification and verification
requirement of this section.
(2) Any person who is required to register pursuant to paragraph
(2) of subdivision (a) of Section 290 after June 1, 1998, who has
been identified as a high-risk sex offender pursuant to subdivision
(n) of Section 290 shall be required to comply with the voice
identification and verification requirement prior to release,
discharge, or parole, whichever occurs first.
(3) Any person who is required to register pursuant to paragraph
(2) of subdivision (a) of Section 290 prior to June 1, 1998, who has
been identified as a high-risk sex offender pursuant to subdivision
(n) of Section 290 shall be required to comply with the voice
identification and verification requirement at the time of his or her
next registration after receipt of notice of the requirement to
register pursuant to this subdivision. Notice shall be provided in
the same manner as notice of other registration requirements of
Section 290.
(4) The requirements imposed by paragraphs (2) and (3) do not
apply to a person whose obligation to register pursuant to Section
290 has been terminated.
(5) The Department of Justice shall determine the location of
persons who are high-risk sex offenders as described in subdivision
(n) of Section 290 by means of voice identification and verification.
The department shall forward data derived from this tracking
program, including data regarding any change of address, to the local
law enforcement agency or agencies that have current jurisdiction
over the person's residence.
(6) (A) Persons required to register pursuant to this subdivision
shall register by calling a toll-free telephone number provided to
the registrant at the time he or she was originally registered for
the voice identification and verification system. Registration shall
be on a weekly basis unless a court determines that another
frequency of registration would be more appropriate. Six months from
the date of the original registration by voice identification and
verification, and every six months thereafter, a court, upon
petition, may alter the frequency of registration. In no instance
may the registration be required more frequently than once a week,
nor less frequently than once a year.
(B) The telephone calls shall be placed from one of the following
places:
(i) The registrant's address.
(ii) The registrant's place of business.
(iii) Any law enforcement office.
(C) A court, for good cause shown, may waive the limitation in
subparagraph (B).
(7) The department shall obtain the voice identification and
verification system through the competitive bidding process pursuant
to Section 10340 of the Public Contract Code.
(8) A summary of the findings of the success of the voice
identification and verification program shall be made available to
the Legislature and the appropriate law enforcement agencies. The
report shall include, but need not be limited to, all of the
following:
(A) The total number of persons required to register pursuant to
this subdivision, and the number of those who failed to comply with
the registration requirement provided by this subdivision compared
with the number of persons who failed to register pursuant to the
general registration requirements of Section 290.
(B) The cost of administering the voice identification and
verification program, including the cost to local law enforcement
agencies and any cost savings provided by the use of the voice
identification and verification program, including any savings to law
enforcement agencies.
(C) A breakdown of the actions taken by the department or local
law enforcement agencies in response to any failure to register
pursuant to this section or Section 290.
(D) An evaluation of equipment performance and reliability,
including, but not limited to, data on the number and types of
instances in which:
(i) An offender reports specific system problems or failures.
(ii) Specific system problems or failures are noted by the
department or local law enforcement.
(iii) A failure to register is found by a court to be the result
of a system problem or failure.
(E) An evaluation and recommendation as to whether there should be
a stepdown in the frequency of calling required or a termination of
the requirement to register by voice identification and verification
after some period of years if a high-risk sex offender demonstrates
good behavior. As used in this subparagraph, "good behavior" shall
include, but not be limited to, no registration violations, or few
registration violations, and no arrests or convictions for any new
crimes.
(9) In addition to any other penalty, an offender who is a
high-risk sex offender as described in subdivision (n) of Section
290, who is found to be in violation of the general registration
requirements of Section 290, may be required to comply with the voice
identification and verification requirement.
(c) (1) Notwithstanding paragraphs (1), (2), and (3) of
subdivision (g) of Section 290, any person required to register for
voice identification and verification who willfully violates a voice
identification and verification registration requirement may only be
guilty of a misdemeanor.
(2) It shall not be determined to be a willful violation of this
registration requirement if a person is unable to register due to
that person's physical incapacity.
(d) Except as provided in subdivisions (m) and (n) of Section 290
and Section 290.4, the voice sample required by this section shall
not be open to inspection by the public or by any person other than a
regularly employed peace officer or other law enforcement officer.
(e) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2003, deletes or extends
that date.
SEC. 3. Section 11166.5 of the Penal Code is amended to read:
11166.5. (a) On and after January 1, 1985, any person who enters
into employment as a child care custodian, health practitioner,
firefighter, animal control officer, or humane society officer, or
with a child protective agency, prior to commencing his or her
employment, and as a prerequisite to that employment, shall sign a
statement on a form provided to him or her by his or her employer to
the effect that he or she has knowledge of the provisions of Section
11166 and will comply with those provisions.
On and after January 1, 1993, any person who acts as a child
visitation monitor, as defined in Section 11165.15, prior to engaging
in monitoring the first visit in a case, shall sign a statement on a
form provided to him or her by the court which ordered the presence
of that third person during the visit, to the effect that he or she
has knowledge of the provisions of Section 11166 and will comply with
those provisions.
The statement shall include all of the following provisions:
Section 11166 of the Penal Code requires any child care custodian,
health practitioner, firefighter, animal control officer, or humane
society officer, employee of a child protective agency, or child
visitation monitor who has knowledge of, or observes, a child in his
or her professional capacity or within the scope of his or her
employment whom he or she knows or reasonably suspects has been the
victim of child abuse to report the known or suspected instance of
child abuse to a child protective agency immediately, or as soon as
practically possible, by telephone and to prepare and send a written
report thereof within 36 hours of receiving the information
concerning the incident.
For purposes of this section, "child care custodian" includes
teachers; an instructional aide, a teacher's aide, or a teacher's
assistant employed by any public or private school, who has been
trained in the duties imposed by this article, if the school district
has so warranted to the State Department of Education; a classified
employee of any public school who has been trained in the duties
imposed by this article, if the school has so warranted to the State
Department of Education; administrative officers, supervisors of
child welfare and attendance, or certificated pupil personnel
employees of any public or private school; administrators of a public
or private day camp; administrators and employees of public or
private youth centers, youth recreation programs, or youth
organizations; administrators and employees of public or private
organizations whose duties require direct contact and supervision of
children and who have been trained in the duties imposed by this
article; licensees, administrators, and employees of licensed
community care or child day care facilities; headstart teachers;
licensing workers or licensing evaluators; public assistance workers;
employees of a child care institution including, but not limited to,
foster parents, group home personnel, and personnel of residential
care facilities; social workers, probation officers, or parole
officers; employees of a school district police or security
department; any person who is an administrator or a presenter of, or
a counselor in, a child abuse prevention program in any public or
private school; a district attorney investigator, inspector, or
family support officer unless the investigator, inspector, or officer
is working with an attorney appointed pursuant to Section 317 of the
Welfare and Institutions Code to represent a minor; or a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, who is not otherwise described in this section.
"Health practitioner" includes physicians and surgeons,
psychiatrists, psychologists, dentists, residents, interns,
podiatrists, chiropractors, licensed nurses, dental hygienists,
optometrists, or any other person who is licensed under Division 2
(commencing with Section 500) of the Business and Professions Code;
marriage, family, and child counselors; emergency medical technicians
I or II, paramedics, or other persons certified pursuant to Division
2.5 (commencing with Section 1797) of the Health and Safety Code;
psychological assistants registered pursuant to Section 2913 of the
Business and Professions Code; marriage, family, and child counselor
trainees as defined in subdivision (c) of Section 4980.03 of the
Business and Professions Code; unlicensed marriage, family, and child
counselor interns registered under Section 4980.44 of the Business
and Professions Code; state or county public health employees who
treat minors for venereal disease or any other condition; coroners;
and paramedics.
"Child visitation monitor" means any person as defined in Section
11165.15.
The signed statements shall be retained by the employer or the
court, as the case may be. The cost of printing, distribution, and
filing of these statements shall be borne by the employer or the
court.
This subdivision is not applicable to persons employed by child
protective agencies, public or private youth centers, youth
recreation programs, and youth organizations as members of the
support staff or maintenance staff and who do not work with, observe,
or have knowledge of children as part of their official duties.
(b) On and after January 1, 1986, when a person is issued a state
license or certificate to engage in a profession or occupation, the
members of which are required to make a report pursuant to Section
11166, the state agency issuing the license or certificate shall send
a statement substantially similar to the one contained in
subdivision (a) to the person at the same time as it transmits the
document indicating licensure or certification to the person. In
addition to the requirements contained in subdivision (a), the
statement also shall indicate that failure to comply with the
requirements of Section 11166 is a misdemeanor, punishable by up to
six months in a county jail, by a fine of one thousand dollars
($1,000), or by both that imprisonment and fine.
(c) As an alternative to the procedure required by subdivision
(b), a state agency may cause the required statement to be printed on
all application forms for a license or certificate printed on or
after January 1, 1986.
(d) On and after January 1, 1993, any child visitation monitor, as
defined in Section 11165.15, who desires to act in that capacity
shall have received training in the duties imposed by this article,
including training in child abuse identification and child abuse
reporting. The person, prior to engaging in monitoring the first
visit in a case, shall sign a statement on a form provided to him or
her by the court which ordered the presence of that third person
during the visit, to the effect that he or she has received this
training. This statement may be included in the statement required
by subdivision (a) or it may be a separate statement. This statement
shall be filed, along with the statement required by subdivision
(a), in the court file of the case for which the visitation
monitoring is being provided.
(e) It is the intent of the Legislature that any person required
to report child abuse or neglect under this article shall receive
some form of minimum training in the nature, detection, and reporting
of child abuse and neglect. The Legislature believes that this
training is necessary to eliminate the danger to children of both the
under-reporting and over-reporting of abuse and neglect. The
training may consist of a video, such as the video being distributed
by the Department of Justice for use in child abuse identification
and reporting.
SEC. 4. The sum of one hundred thirty-eight thousand dollars
($138,000) is hereby appropriated from the General Fund to the
Department of Justice for the 1998-99 fiscal year for the purpose of
implementing the voice identification and verification requirement
enacted by Section 2 of this act.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because 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 XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for law enforcement agencies to use the voice
identification and verification program established by this act to
verify the address and residency of registered sex offenders in an
accurate, thorough, and timely manner, it is necessary that this act
take effect immediately.