BILL NUMBER: SB 544 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2006
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senator Battin
FEBRUARY 18, 2005
An act to amend Section 3030 of the Family Code, relating to sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
SB 544, as amended, Battin Sex offenders: 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 delete that exception to the general prohibition
against granting custody or visitation with respect to a child who is
less than 14 years of age. The bill would also provide that
a court may not grant custody of or visitation with a child who is
14 years of age but not yet 18 years of age unless the court finds
that there is no risk, rather than no significant risk, to the child.
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 who is at
least 14 years of age but not yet 18 years of age 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 who is less than
14 years of age if the person is required to be registered as a sex
offender under Section 290 of the Penal Code if the victim was a
minor, or if the person has been convicted under Section 273a, 273d,
or 647.6 of the Penal Code.
(3) 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)
(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.
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 who is at least
14 years of age but not yet 18 years of age 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 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 who is less than 14 years of
age 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.
(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 suffers from the
effects of battered women's syndrome.
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.