BILL NUMBER: AB 493 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2012
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
( Principal coauthor: Senator
Alquist )
( Coauthors: Assembly Members
Alejo, Beall, Block,
Blumenfield, Bonilla, Fletcher,
Halderman, Huffman, Mendoza, Miller,
Nestande, Olsen, V. Manuel Pérez,
Portantino, Silva, Solorio,
Torres, and Williams )
( Coauthors: Senators
Cannella, Correa, De León, Lieu,
and Rubio )
FEBRUARY 15, 2011
An act to add Sections 290.96 and 3003.6 to the Penal Code, and to
add Sections 361.35, 10613.3 , and 10613.4 to
the Welfare and Institutions Code, relating to registered sex
offenders.
LEGISLATIVE COUNSEL'S DIGEST
AB 493, as amended, Perea. 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.
The bill would also authorize a juvenile court to waive this
prohibition if the residence involved is that of a noncustodial
parent, relative, or nonrelative extended family member who receives
the placement of a child who is or may be declared a dependent of the
court and the court finds that placing the child in that residence
is in the child's best interest.
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,
including notifying the county child welfare agency, as
specified, 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.
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.
(d) Immediately, or as soon as practicably possible, report in
writing or by telephone, facsimile, or electronic transmission to the
county child welfare agency regarding the registration of a person
at a residence or place of employment at which a child who has been,
or may be, declared a dependent of the court pursuant to Section 300
of the Welfare and Institutions Code resides. If a law enforcement
agency makes a report by telephone, the agency shall mail, or send by
facsimile or electronic transmission, a written report within 36
hours of its telephone report.
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: following, unless a
juvenile court has waived the prohibition in accordance with Section
361.35 of the Welfare and Institutions Code:
(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 361.35 is added to the
Welfare and Institutions Code , to read:
361.35. A court may waive the prohibition in subdivision (a) of
Section 3003.6 of the Penal Code if both of the following are true:
(a) 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.
(b) The court makes a finding that the placement of the child in
the residence is in the best interest of the child.
SEC. 3. SEC. 4. 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. SEC. 5. 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.
(c) The peace officer shall also immediately, or as soon as
practicably possible, make a report in writing or by telephone,
facsimile, or electronic transmission to the appropriate county child
welfare agency of the match so that the agency may evaluate what
action or actions, if any, would be in the best interest of the
child. If a peace officer makes a report by telephone, the officer
shall mail or send by facsimile or electronic transmission a written
report within 36 hours of his or her telephone report.
SEC. 5. SEC. 6. 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.