BILL NUMBER: SB 1820	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2006
	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  prohibit 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 clear and
convincing evidence that there is no significant risk to the child
and states its reasons in writing on the record. The bill would also
 provide that other credible evidence of  child  
 sexual abuse  , neglect, or other injury of a child 
by  a registered sex offender   any person 
, 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   A person
shall not  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  clear and convincing evidence  that there is no
significant risk to the child and states its reasons in writing or
on the record.
   (2)  No person shall   A person shall not
 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  clear and convincing evidence
that  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  child  sexual abuse, 
neglect, or   other injury of a child,  as 
defined   described  in Section 11165.1  ,
11165.2, 11165.3, or 11165.4  of the Penal Code, by  a
  any  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,   ,   but not limited to, a
substantiated report of child abuse or neglect  and shall be
considered by the court in determining custody or visitation 
pursuant to this section  .
   (b)  No person shall   A person shall not
 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   A person shall not
   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
  a person shall not  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.