BILL NUMBER: SB 594 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2005
INTRODUCED BY Senator Torlakson
FEBRUARY 18, 2005
An act to amend Section 150 of 3030 of,
and to add Section 3030.5 to, the Family Code, relating to
support obligations.
LEGISLATIVE COUNSEL'S DIGEST
SB 594, as amended, Torlakson. Support obligations
Custody and visita tion: sex offenders
.
Existing law defines "support" as a support obligation
owing on behalf of a child, spouse, or family, or an amount owing
pursuant to a specified provision of the Family Code
prohibits a court from granting custody of, or unsupervised
visitation with, a child to a registered sex offender if 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 make technical, nonsubstantive changes to
that definition expand that provision to prohibit a
court from granting custody of, or unsupervised visitation
with, a child to a person if that person resides with either a
registered sex offender whose victim was a child or another person
who has been convicted of one of specified crimes against a child.
The bill would also provide that an existing custody or visitation
order shall be modified or terminated consistent with that provision,
as specified .
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 150 of the Family Code is amended to read:
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 or any person residing in his or her
household 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) The fact that a child is permitted unsupervised contact with a
person who is required to be registered as a sex offender under
Section 290 of the Penal Code, where the victim was a minor, or with
a person who has been convicted under Section 273a, 273d, or 647.6 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.
(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.
SEC. 2. Section 3030.5 is added to the Family Code
, to read:
3030.5. (a) An order granting physical or legal custody of, or
unsupervised visitation with, a child shall be modified or terminated
upon the petition of one or both parents or on the court's own
motion under either of the following circumstances, unless the court
finds that there is no significant risk to the child and states its
reasons in writing or on the record:
(1) The person who has been granted physical or legal custody of,
or unsupervised visitation with the child is required to be
registered as a sex offender under Section 290 of the Penal Code
where the victim was a minor, or has been convicted under Section
273a, 273d, or 647.6 of the Penal Code.
(2) The person who has been granted physical or legal custody of,
or unsupervised visitation with, the child resides with another
person who is required to be registered as a sex offender under
Section 290 of the Penal Code where the victim was a minor, or has
been convicted under Section 273a, 273d, or 647.6 of the Penal Code.
(b) The fact that a child is permitted unsupervised contact with a
person who is required to be registered as a sex offender under
Section 290 of the Penal Code, where the victim was a minor, or with
a person who has been convicted under Section 273a, 273d, or 647.6 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.
150. "Support" refers to a support obligation owing on behalf of
a child, spouse, or family, or an amount owing pursuant to Section
17402. It also includes support that is past due or in arrears.
"Support," when used with reference to a minor child or a child
described in Section 3901, includes maintenance and education.