BILL NUMBER: AB 2893	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mountjoy

                        FEBRUARY 24, 2006

   An act to amend Section 3030 of the Family Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2893, as introduced, Mountjoy  Sex offenders: child custody and
visitation.
   Existing law requires a person convicted of certain sex offenses
to register with the local law enforcement officer of the city or
county where he or she resides or is located, as specified.
   Existing law prohibits a person from being granted physical or
legal custody of, or unsupervised visitation with, a child if the
person is required to register as a sex offender and the victim was a
minor or the person has committed another specified crime against a
child, unless the court finds that there is no significant risk to
the child and states its reasons in writing or on the record.
   This bill would prohibit a person from being granted physical or
legal custody of, or unsupervised visitation with, his or her
children or grandchildren if the person is required to be registered
as a sex offender and the victim was the person's child or
grandchild.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3030 of the Family Code is amended to read:
   3030.  (a) (1) No person shall be granted physical or legal
custody of, or unsupervised visitation with, a child if the person is
required to be registered as a sex offender under Section 290 of the
Penal Code where the victim was a minor, or if the person has been
convicted under Section 273a, 273d, or 647.6 of the Penal Code,
unless the court finds that there is no significant risk to the child
and states its reasons in writing or on the record.
   (2) No person shall be granted physical or legal custody of, or
unsupervised visitation with, a child if anyone residing in the
person's household is required, as a result of a felony conviction in
which the victim was a minor, to register as a sex offender under
Section 290 of the Penal Code, unless the court finds there is no
significant risk to the child and states its reasons in writing or on
the record.
   (3)    No person shall be granted physical or legal
custody of, or unsupervised visitation with, his or her children or
grandchildren if the person is required to be registered as a sex
offender under Section 290 of the Penal Code and the victim was the
person's child or grandchild.
    (4)  The fact that a child is permitted unsupervised
contact with a person who is required, as a result of a felony
conviction in which the victim was a minor, to be registered as a sex
offender under Section 290 of the Penal Code, shall be prima facie
evidence that the child is at significant risk. When making a
determination regarding significant risk to the child, the prima
facie evidence shall constitute a presumption affecting the burden of
producing evidence. However, this presumption shall not apply if
there are factors mitigating against its application, including
whether the party seeking custody or visitation is also required, as
the result of a felony conviction in which the victim was a minor, to
register as a sex offender under Section 290 of the Penal Code.
   (b) No person shall be granted custody of, or visitation with, a
child if the person has been convicted under Section 261 of the Penal
Code and the child was conceived as a result of that violation.
   (c) No person shall be granted custody of, or unsupervised
visitation with, a child if the person has been convicted of murder
in the first degree, as defined in Section 189 of the Penal Code, and
the victim of the murder was the other parent of the child who is
the subject of the order, unless the court finds that there is no
risk to the child's health, safety, and welfare, and states the
reasons for its finding in writing or on the record. In making its
finding, the court may consider, among other things, the following:
   (1) The wishes of the child, if the child is of sufficient age and
capacity to reason so as to form an intelligent preference.
   (2) Credible evidence that the convicted parent was a victim of
abuse, as defined in Section 6203, committed by the deceased parent.
That evidence may include, but is not limited to, written reports by
law enforcement agencies, child protective services or other social
welfare agencies, courts, medical facilities, or other public
agencies or private nonprofit organizations providing services to
victims of domestic abuse.
   (3) Testimony of an expert witness, qualified under Section 1107
of the Evidence Code, that the convicted parent experiences intimate
partner battering.
   Unless and until a custody or visitation order is issued pursuant
to this subdivision, no person shall permit or cause the child to
visit or remain in the custody of the convicted parent without the
consent of the child's custodian or legal guardian.
   (d) The court may order child support that is to be paid by a
person subject to subdivision (a), (b), or (c) to be paid through the
local child support agency, as authorized by Section 4573 of the
Family Code and Division 17 (commencing with Section 17000) of this
code.
   (e) The court shall not disclose, or cause to be disclosed, the
custodial parent's place of residence, place of employment, or the
child's school, unless the court finds that the disclosure would be
in the best interest of the child.