BILL ANALYSIS
AB 2893
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2893 (Mountjoy)
As Amended August 7, 2006
Majority vote
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|ASSEMBLY: |74-0 |(May 4, 2006) |SENATE: |40-0 |(August 16, |
| | | | | |2006) |
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Original Committee Reference: JUD.
SUMMARY : Restates that a court cannot find there is no
significant risk of harm and award physical or legal custody of,
or unsupervised visitation with, a child to a person who is
required to register as a sex offender, as specified, or who
lives with anyone who is required to register as a sex offender,
unless the court states the reasons for its findings in writing
or on the record.
The Senate amendments delete a new custody and visitation
restriction for persons who are required to register as sex
offenders where the victim was the person's child or grandchild
and add the above provision.
EXISTING LAW :
1)Provides courts with the widest discretion to make custody
determinations that are in the best interest of the child.
2)Provides that a person who is required to register as a sex
offender where the victim was a minor or has been convicted of
child endangerment, injuring a child, or annoying or molesting
a child, shall not be granted custody or unsupervised
visitation with a child unless the court finds there is no
significant risk to the child and states its reasons on the
record.
3)Provides that a person who resides with a person required to
register as a sex offender for a crime where the victim was a
minor shall not be granted custody or unsupervised visitation
with a child unless the court finds there is no significant
risk to the child and states its reasons on the record.
AB 2893
Page 2
4)Holds that, for purposes of establishing, modifying or
terminating a custody or visitation order, the fact that a
child is permitted unsupervised contact with a person required
to register as a sex offender for a crime where the victim was
a minor is prima facie evidence that the child is at
significant risk, and that prima facie evidence constitutes a
presumption affecting the burden of proof. The presumption
does not apply if there are factors mitigating against its
application, including whether the person seeking custody is
also required to register as a sex offender where the victim
was a minor.
5)Provides that an adult must register for life as a sex
offender if he or she commits a specified sex offense. There
are over 30 of such offenses, including: lewd act in public;
sexual battery; indecent exposure; annoying or molesting a
child; rape; sodomy; a lewd act with a child; oral copulation;
rape or sodomy with a foreign object; pimping or pandering a
minor under the age of 16; kidnapping for purposes of
committing a sex crime; and, continuous sexual abuse of a
child, assault with the intent to commit a sex crime.
AS PASSED BY THE ASSEMBLY , this bill denied physical or legal
custody or unsupervised visitation to a registered sex offender
with his or her child or grandchild if the victim was the
person's child or grandchild, 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.
FISCAL EFFECT : None
COMMENTS : This bill seeks to ensure that before physical or
legal custody of, or unsupervised visitation with, a child is
granted to specified registered sex offenders and those who
reside with specified registered sex offenders, the court must
first state the reasons for finding there is no significant harm
to the child either in writing or on the record
People convicted of various sex offenses are required to
register as sex offenders. The offenses requiring registration
are numerous and include: rape; sexual battery; aggravated
sexual assault of a child; sodomy; incest; soliciting
prostitution; pimping; possession of child pornography; and,
AB 2893
Page 3
indecent exposure.
Under current law, the court must state its reasons for allowing
custody or visitation in these cases in writing or on the
record. This bill would simply reiterate that custody or
visitation may not be permitted unless the court makes those
required findings in writing or on the record.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0016178