BILL NUMBER: AB 2627 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Nielsen
FEBRUARY 19, 2010
An act to add Chapter 11.7 (commencing with Section 21900) to
Division 8 of the Business and Professions Code, relating to
business.
LEGISLATIVE COUNSEL'S DIGEST
AB 2627, as introduced, Nielsen. Businesses: services for minors.
Existing law prohibits a person who is required to register as a
sex offender because of a conviction for a crime where the victim was
a minor under 16 years of age from being an employer, employee,
independent contractor, or volunteer with any person, group, or
organization in a capacity where the person would be directly
working, and in an unaccompanied setting, with minor children on more
than an incidental and occasional basis or have supervision or
disciplinary power over minor children.
This bill would require any person, entity, group, or
organization, whether operating as a nonprofit or for-profit
business, to require any person hired as an employee, independent
contractor, or volunteer to work directly and in an unaccompanied
setting with minor children to go through a criminal background
check, including being fingerprinted. The bill would prohibit a
person, entity, group, or organization from hiring any person to work
directly and in an unaccompanied setting with minor children if that
person is required to register as a sex offender for a crime where
the victim was a minor. A violation of that prohibition would be
punishable by a civil fine of up to $10,000. Moneys from those fines
would be placed in the Safe Sports Fund, which the bill would create,
and would be available, upon appropriation, to compensate victims of
sexual offenses who were minors at the time of the offense, and
their families.
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. Chapter 11.7 (commencing with Section 21900) is added
to Division 8 of the Business and Professions Code, to read:
CHAPTER 11.7. BUSINESSES THAT PROVIDE SERVICES TO MINORS
21900. (a) Any person, entity, group, or organization, whether
operating as a nonprofit or for-profit business, shall require any
person hired as an employee, independent contractor, or volunteer to
work directly and in an unaccompanied setting with minor children to
go through a criminal background check, including being
fingerprinted.
(b) No person, entity, group, or organization shall hire any
person to work directly and in an unaccompanied setting with minor
children if that person is required to register pursuant to the Sex
Offender Registration Act because of a conviction for a crime where
the victim was a minor. A violation of this section shall be punished
by a civil fine of up to ten thousand dollars ($10,000).
(c) Moneys collected pursuant to this section shall be deposited
in the Safe Sports Fund, which is hereby created in the State
Treasury. Moneys in that fund shall be available, upon appropriation,
to compensate victims of sexual offenses who were minors at the time
of the offense, and their families.