BILL NUMBER: AB 2893	CHAPTERED
	BILL TEXT

	CHAPTER  207
	FILED WITH SECRETARY OF STATE  SEPTEMBER 6, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 6, 2006
	PASSED THE ASSEMBLY  AUGUST 22, 2006
	PASSED THE SENATE  AUGUST 16, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN ASSEMBLY  APRIL 27, 2006

INTRODUCED BY   Assembly Member Mountjoy
   (Coauthors: Assembly Members Haynes, Huff, La Malfa, La Suer, and
Maze)
   (Coauthors: Senators Dutton and Runner)

                        FEBRUARY 24, 2006

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2893, 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 be registered as a sex offender if the victim
was a minor or if anyone residing in the person's household is
required to register as a sex offender because of a felony conviction
in which the victim was a minor, 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 provide that the child may not be placed with the
person unless the court states, in writing or on the record, the
reasons for its finding that there is no significant risk to the
child.


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. The child may
not be placed in a home in which that person resides, nor permitted
to have unsupervised visitation with that person, unless the court
states the reasons for its findings 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. The child may not be placed in a home in which that
person resides, nor permitted to have unsupervised visitation with
that person, unless the court states the reasons for its findings in
writing or on the record.
   (3) 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.