BILL NUMBER: AB 493	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  MAY 27, 2011
	AMENDED IN ASSEMBLY  APRIL 28, 2011
	AMENDED IN ASSEMBLY  MARCH 21, 2011

INTRODUCED BY   Assembly Member Perea
    (   Coauthors:  
Assembly Members   Garrick,  
  Hagman,    
Jeffries,     Mendoza, 
   Portantino,   
 and Solorio   ) 
    (   Coauthor:   Senator
  Runner   ) 

                        FEBRUARY 15, 2011

   An act to add  Section 10072.5   Sections
290.96 and 3003.6 to the Penal Code, and to add Sections 10613.3 and
10613.4  to the Welfare and Institutions Code, relating to
 public social services   registered sex
offenders  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 493, as amended, Perea.  Electronic benefits transfer
cards: use restrictions.   Registered sex offenders:
community care facilities.  
   Existing law, the Sex Offender Registration Act, requires persons
convicted of specified sex offenses to register with local
authorities for life while residing, located, attending school, or
working in California. Willful failure to register, as required, is a
misdemeanor, or a felony, depending on the underlying offense.
Existing law provides for the licensing and regulation of various
community care and child care facilities by the State Department of
Social Services.  
   This bill would prohibit a person required to register under the
act from residing, except as specified, working, or volunteering in
specified homes or facilities licensed by the State Department of
Social Services or a county child welfare services agency, as
specified. Violation of this prohibition would be a misdemeanor.
 
   This bill would require specified officials who register a person
under the act to make a specified determination regarding the
registration, notify the person when his or her registered residence
or place of employment would be prohibited by the bill, and take
appropriate law enforcement action, or make a specified notification,
if the person registers at a prohibited residence or place of
employment.  
   This bill would also require the State Department of Social
Services to provide specified public officers and persons or entities
that register a person who is required to register with the
addresses of, among other things, homes or facilities that serve
children under 18 years of age and that are licensed by the
department or a county child welfare agency.  
   This bill would create a new crime and impose additional duties
upon local officials, thereby creating a state-mandated local
program.
   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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 

   Existing law provides for the California Work Opportunity and
Responsibility to Kids (CalWORKs) program, under which each county
provides cash assistance and other benefits to qualified low-income
families.  
   Existing law provides for the federal Supplemental Nutrition
Assistance Program (SNAP), formerly the Food Stamp Program, under
which nutrition assistance benefits are provided to the state by the
federal government and are distributed to eligible households by each
county. California's SNAP program is known as CalFresh. 

   Existing law authorizes a county to elect to deliver CalWORKs and
SNAP benefits through the use of an electronic benefits transfer
(EBT) system. Existing law specifies criteria for the development and
administration of the EBT system, including issuance to a recipient
of an EBT card.  
   This bill would require the EBT system to prevent use of EBT cards
by recipients to access automated teller machines located in
gambling establishments and adult entertainment establishments,
except to the extent prohibited by federal law. The bill would
specify that it would not be construed to prohibit the use of an EBT
card to access SNAP benefits, as authorized by federal law. 

   This bill would impose additional duties on counties administering
the CalWORKs program with respect to EBT card issuance and use,
thereby imposing a state-mandated local program.  
   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: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 290.96 is added to the 
 Penal Code   , to read:  
   290.96.  A county sheriff, a chief of police of a city or a campus
of the University of California, the California State University, or
community college, or any other person or entity that registers a
person required to register pursuant to the Sex Offender Registration
Act (Sections 290 to 290.023, inclusive) shall, at the time of
registration, do all of the following:
   (a) Determine whether the person required to register under the
Sex Offender Registration Act is registering at a residence or place
of employment that is prohibited by Section 3003.6, by using the
information provided under Section 10613.3 of the Welfare and
Institutions Code and any additional information available for this
purpose.
   (b) Notify the person required to register under the Sex Offender
Registration Act when his or her registered residence or place of
employment would be prohibited by Section 3003.6.
   (c) Take appropriate law enforcement action if it has jurisdiction
or notify an appropriate law enforcement entity with jurisdiction
if, after being notified under subdivision (b), the person registers
at a residence or place of employment that is prohibited by Section
3003.51. 
   SEC. 2.    Section 3003.6 is added to the  
Penal Code   , to read:  
   3003.6.  (a) A person required to register under the Sex Offender
Registration Act (Sections 290 to 290.023, inclusive) shall not
reside, except as a client, and shall not work or volunteer, in any
of the following:
   (1) A home or facility that serves children under 18 years of age
and that is licensed by the State Department of Social Services or a
county child welfare services agency as a community care facility, a
child day care facility, a day care center, a family day care home,
or a similar home or facility.
   (2) A certified home of a foster family agency.
   (3) A home or facility that receives a placement of a child who
has been, or may be, declared a dependent child of the juvenile court
pursuant to Section 300 of the Welfare and Institutions Code.
   (b) A person who violates subdivision (a) is guilty of a
misdemeanor.
   (c) A court may waive the prohibition in subdivision (a) if both
of the following are true:
   (1) The residence is that of a noncustodial parent, a relative, or
a nonrelative extended family member who receives a placement of a
child who has been, or may be, declared a dependent child of the
juvenile court under Section 300 of the Welfare and Institutions
Code.
   (2) The court makes a finding that the placement of the child in
the residence is in the best interest of the child. 
   SEC. 3.    Section 10613.3 is added to the  
Welfare and Institutions Code   , to read:  
   10613.3.  The State Department of Social Services shall provide to
each county sheriff, each chief of police of a city or a campus of
the University of California, the California State University, or
community college, and every other person or entity that registers a
person required to register under the Sex Offender Registration Act
(Sections 290 to 290.023, inclusive, of the Penal Code) the addresses
of all of the following within the jurisdiction of the sheriff,
chief of police, or other person or entity:
   (a) Each community care facility, child day care facility, day
care center, family day care home, or similar home or facility that
serves children under 18 years of age and that is licensed by the
State Department of Social Services or a county child welfare agency.

   (b) Each home certified by a foster family agency.
   (c) Each home or facility whose address is not otherwise provided
under subdivision (a) or (b) that has been approved to receive a
placement of a child who has been, or may be, declared a dependent
child of the juvenile court under Section 300. 
   SEC. 4.    Section 10613.4 is added to the  
Welfare and Institutions Code   , to read:  
   10613.4.  (a) Peace officers from the State Department of Social
Services shall, no less frequently than each calendar quarter,
compare the residence and employment addresses of persons required to
register under the Sex Offender Registration Act (Sections 290 to
290.023, inclusive, of the Penal Code) against the addresses of all
of the following:
   (1) Each community care facility, child day care facility, day
care center, family day care home, or similar home or facility that
serves children under 18 years of age and that is licensed by the
department or a county child welfare agency.
   (2) Each home certified by a foster family agency.
   (3) Each home or facility that has been approved to receive a
placement of a child who has been, or may be, declared a dependent
child of the juvenile court under Section 300.
   (b) If peace officers from the department determine that an
address specified in paragraphs (1) to (3), inclusive, of subdivision
(a) matches the residence or employment address of a person required
to register under the Sex Offender Registration Act the department
shall take appropriate action as authorized by law to further the
purposes of Section 3003.6 of the Penal Code. 
   SEC. 5.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.  
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.  
  SECTION 1.    Section 10072.5 is added to the
Welfare and Institutions Code, to read:
   10072.5.  (a) Except to the extent prohibited by federal law, the
electronic benefits transfer system designed and implemented pursuant
to this chapter shall prevent a recipient from using theelectronic
benefits transfer card to access automated teller machines located in
gambling establishments and adult entertainment establishments.
   (b) Nothing in this section shall be construed to prohibit the use
of an electronic benefits transfer card to access federal
Supplemental Nutrition Assistance Program (SNAP) benefits in any
manner authorized by federal law.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.