BILL NUMBER: SB 1393 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2006
INTRODUCED BY Senator Florez
FEBRUARY 22, 2006
An act to amend Section 68152 of the Government Code, and
to amend Section 1192.7 of, and to add Section 13105 to, the Penal
Code, relating to sex offenders. 8919 of the Family
Code, and to amend Section 102635 of the Health and Safety Code,
relating to intercountry adoptions.
LEGISLATIVE COUNSEL'S DIGEST
SB 1393, as amended, Florez Sex offenders: prosecution.
Intercountry adoptions.
Existing law authorizes, and in some cases requires, a state
resident who has adopted a child in a foreign country through an
adoption that is finalized in a foreign country to readopt the child
in this state. Existing law requires that the readoption include at
least one postplacement in-home visit, the filing of the adoption
petition, the intercountry adoption court report, accounting reports,
and the final adoption order. Existing law prohibits a court from
granting a readoption order unless the court receives a specified
report from an adoption agency authorized to provide intercountry
adoption services.
This bill would revise and recast these provisions to eliminate
several of the requirements described above with respect to
readoption, except that one postplacement in-home visit would be
required in cases in which readoption is required. The bill would
delete the provision prohibiting a court from granting a readoption
order unless the court receives a specified report from an adoption
agency authorized to provide intercountry adoption services. The bill
would instead provide that a petition to readopt shall be granted if
the adoption was finalized in a foreign country and other specified
conditions are met.
Existing law requires the State Registrar to establish a new birth
certificate upon receipt of a report of adoption, as specified.
The bill would also require the State Registrar to establish a new
birth certificate upon receipt of a decree, order, or certificate of
adoption that evidences finalization of adoption in a foreign
country, if the person seeking the certificate is a resident of this
state and is not required by the Department of Homeland Security to
readopt the child, or upon receipt of a readoption order, as
specified.
Existing law sets forth timelines for the retention of court
records, depending upon the subject matter or criminal offense.
This bill would require courts to keep all records relating to
persons required to register as sex offenders for the life of the
offender. The bill also would prohibit a state or local law
enforcement agency from destroying any records relating to a
registered sex offender for the life of the offender. Because the
bill would impose new responsibilities on local agencies, the bill
would impose a state-mandated local program.
Existing law, added by an initiative statute that provides for
amendment of its provision by 2/3 vote of the Legislature, prohibits
plea bargaining in certain felony cases, except as specified.
This bill would state the intent of the Legislature that district
attorneys prosecute violent sex crimes under statutes that provide
sentencing under "one strike," "3 strikes" or habitual sexual
offender laws instead of engaging in plea bargaining, and would
require a district attorney to state on the record why a sentence
should not be prosecuted under those provisions, if he or she engages
in plea bargaining despite the stated intent.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: 2/3 majority . Appropriation:
no. Fiscal committee: yes. State-mandated local program:
yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8919 of the Family
Code is amended to read:
8919. (a) (1) Each state resident who
adopts a child through an intercountry adoption that is finalized in
a foreign country shall readopt the child in this state if it is
required by the Immigration and Naturalization Service
Department of Homeland Security . The readoption
shall include , but is not limited to, at least
one postplacement in-home visit , the filing of the adoption
petition pursuant to Section 8912, the intercountry adoption court
report, accounting reports, and the final adoption order.
No readoption order shall be granted unless the court
receives a report from an adoption agency authorized to provide
intercountry adoption services pursuant to Section 8900.
(2) The petition to readopt shall be granted if all of the
following apply:
(A) The adoption was finalized in accordance with the laws of the
foreign country.
(B) The resident has filed with the petition a copy of both of the
following:
(i) The decree, order, or certificate of adoption which evidences
finalization of the adoption in the foreign country.
(ii) The child's birth certificate and visa together with a
certified translation into English of any document that is not in
English.
(b) Each state resident who adopts a child through an intercountry
adoption that is finalized in a foreign country may readopt the
child in this state. The readoption shall meet the standards
described in subdivision (a) , except that no postplacement
visit shall be required .
(c) In addition to the requirement or option of the readoption
process set forth in this section, each state resident who adopts a
child through an intercountry adoption which is finalized in a
foreign country may obtain a birth certificate in the State of
California in accordance with the provisions of Section 102635
or 103450 of the Health and Safety Code.
SEC. 2. Section 102635 of the Health
and Safety Code is amended to read:
102635. A new birth certificate shall be established by the State
Registrar upon receipt of a any of the
following:
(a) A report of adoption from any
court of record that has jurisdiction of the child of this state,
another state, the District of Columbia, in any territory of the
United States, or in any foreign country, for any child born in
California and whose certificate of birth is on file in the office of
the State Registrar.
(b) A decree, order, or certificate of adoption that evidences
finalization of adoption in a foreign country, if the person seeking
the certificate is a resident of this state and is not required by
the Department of Homeland Security to readopt the child.
(c) A readoption order issued pursuant to Section 8919 of the
Family Code. All matter omitted in this version of the bill
appears in the bill as introduced in Senate, Feb. 22, 2006.