BILL NUMBER: SB 1820	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2006

INTRODUCED BY   Senator Battin

                        FEBRUARY 24, 2006

   An act to amend Section 3030 of the Family Code,  and to add
Section 294.5 to the Penal Code,  relating to child custody and
visitation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1820, as amended, Battin  Custody and visitation: sex
offenders.
    (1)   Existing law 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 changes to that provision
  provide that other credible evidence of sexual abuse
by a registered sex offender, as specified, would constitute evidence
that a child is at significant risk, and would require the court to
consider that evidence for purposes of granting or denying custody or
visitation with that registered sex   offender.  
   (2) Existing law requires persons convicted of specified sex
offenses to register with local law enforcement, so long as they
reside in California.  
   This bill would require the court in which a person has been
convicted of a sex offense against a minor to inform that person that
his or her conviction may result in the loss of custody of, or
visitation with, his or her child or children, if any. 
    (3)     This bill would provide that its
provisions apply prospectively only .
   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 if the person is
required to be registered as a sex offender pursuant to 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,
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 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)  (A)    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) Other credible evidence of sexual abuse, as defined in Section
11165.1 of the Penal Code, by a person described in this section,
shall also constitute evidence that the child is at significant risk,
if supported by an agency report, a medical examination, or
testimony from the victim or a neutral expert, and shall be
considered by the court in determining custody or visitation pursuant
to this section. 
   (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.
   SEC. 2.    Section 294.5 is added to the  
Penal Code   , to read:  
   294.5.  Any person who is required to be registered as a sex
offender under Section 290 where the victim was a minor, or convicted
under Section 273a, 273d, or 647.6, shall be informed in open court
by the court in which the person has been convicted that his or her
conviction may result in the loss of custody of, or unsupervised
visitation or visitation rights with, his or her child or children,
if any, as described in Section 3030 of the Family Code.  
  SEC. 3.    The provisions of this act shall apply
prospectively only.