BILL NUMBER: AB 493 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN SENATE JUNE 15, 2012
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 Anderson, Cannella, Correa, De
León, Lieu, and Rubio)
FEBRUARY 15, 2011
An act to amend Section 1596.86 of the Health and Safety Code, 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.
(1) 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,
among other places, foster homes or facilities licensed by the State
Department of Social Services or a county child welfare services
agency. 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 and the
Department of Social Services, 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, by January 1, 2014, provide
specified public officers and persons or entities that register a
person who is required to register with the addresses or other
equivalent data of, among other things, foster 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 also require specified investigators of the State
Department of Social Services to compare the residence and employment
addresses of persons required to register under the act against the
addresses of certain facilities, including, among others, foster
homes or facilities licensed by the department or a county child
welfare agency. The bill would require investigators to immediately,
or as soon as practicably possible, make a report, as specified, to
the appropriate county child welfare agency and the State Department
of Social Services if those addresses match.
(2) Existing law, the California Child Day Care Act, requires the
Director of Social Services to annually publish and make available
certain lists covering all licensed child day care facilities, other
than small family day care homes, as defined, and the services for
which each facility has been licensed. Existing law requires the
State Department of Social Services to prevent the use of lists
containing names, addresses, and other identifying information of
small family day care homes, except for specified purposes,
including, among others, providing the names and addresses of these
small family day care homes to certain state agencies, programs,
organizations, or plans.
This bill would include a local law enforcement agency among the
agencies that may receive lists containing the names, addresses, and
other identifying information of small family day care homes, as
specified.
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 1596.86 of the Health and
Safety Code is amended to read:
1596.86. (a) The director shall annually publish and make
available to interested persons a list or lists covering all licensed
child day care facilities, other than small family day care homes,
and the services for which each facility has been licensed or issued
a special permit. The lists shall also specify the licensed capacity
of the facility and whether it is licensed by the department or by
another public agency.
(b) To encourage the recruitment of small family day care homes
and protect their personal privacy, the department shall prevent the
use of lists containing names, addresses and other identifying
information of facilities identified as small family day care homes,
except as follows:
(1) To the extent necessary to administer the licensing program.
(2) To the extent necessary to facilitate the placement of
children in these facilities.
(3) To provide the names and addresses of these facilities to the
following entities:
(A) Resource and referral agencies funded by the State Department
of Education.
(B) Food and nutrition programs funded by the State Department of
Education.
(C) Alternative payment programs funded by the State Department of
Education.
(D) County programs under the Greater Avenues for Independence Act
of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of
Part 3 of Division 9 of the Welfare and Institutions Code), family
day care organizations.
(E) Specialized health care service plans licensed under the
Knox-Keene Health Care Service Plan Act of 1975, as contained in
Chapter 2.5 (commencing with Section 1340), that provide employee
assistance program services that include child care referral
services.
(F) A local law enforcement agency for the purpose of carrying out
the duties described in Section 290.96 of the Penal Code.
(G) Upon request, parents seeking local day care services may
receive the names and telephone numbers of local small family day
care providers.
(c) The department, in consultation with the Child Development
Division of the State Department of Education, shall adopt
regulations relating to the confidentiality of information provided
pursuant to subdivision (b) on small family day care homes. These
regulations shall include procedures for updating lists or other
information on small family day care providers to ensure referral
only to licensed homes in good standing with the department. Any
person or entity violating the regulations under this subdivision may
be denied access by the department to information on small family
day care homes and shall be reported by the department to the
appropriate funding or licensing department.
SECTION 1. Section 1596.86 of the
Health and Safety Code is amended to read:
1596.86. (a) The director shall annually publish and make
available to interested persons a list or lists covering all licensed
child day care facilities, other than small family day care homes,
and the services for which each facility has been licensed or issued
a special permit. The lists shall also specify the licensed capacity
of the facility and whether it is licensed by the department or by
another public agency.
(b) To encourage the recruitment of small family day care homes
and protect their personal privacy, the department shall prevent the
use of lists containing names, addresses , and other
identifying information of facilities identified as small family day
care homes, except as necessary for administering the
licensing program, facilitating the placement of children in these
facilities, and providing the names and addresses to resource and
referral agencies funded by the State Department of Education, food
and nutrition programs funded by the State Department of Education,
alternative payment programs funded by the State Department of
Education, county programs under the Greater Avenues for Independence
Act of 1985 (Article 3.2 (commencing with Section 11320) of Chapter
2 of Part 3 of Division 9 of the Welfare and Institutions Code),
family day care organizations, or specialized health care service
plans licensed under the Knox-Keene Health Care Service Plan Act of
1975, as contained in Chapter 2.5 (commencing with Section 1340),
which provide employee assistance program services that include child
care referral services. Upon request, parents seeking local day care
services may receive the names and telephone numbers of local small
family day care providers. follows:
(1) To the extent necessary to administer the licensing program.
(2) To the extent necessary to facilitate the placement of
children in these facilities.
(3) To provide the names and addresses of these facilities to the
following entities:
(A) Resource and referral agencies funded by the State Department
of Education.
(B) Food and nutrition programs funded by the State Department of
Education.
(C) Alternative payment programs funded by the State Department of
Education.
(D) County programs under the Greater Avenues for Independence Act
of 1985 (Article 3.2 (commencing with Section 11320) of Chapter 2 of
Part 3 of Division 9 of the Welfare and Institutions Code).
(E) Family day care organizations.
(F) Specialized health care service plans licensed under the
Knox-Keene Health Care Service Plan Act of 1975, as contained in
Chapter 2.5 (commencing with Section 1340), that provide employee
assistance program services that include child care referral
services.
(G) A local law enforcement agency for the purpose of carrying out
the duties described in Section 290.96 of the Penal Code.
(H) Upon request, parents seeking local day care services may
receive the names and telephone numbers of local small family day
care providers.
(c) The department, in consultation with the Child Development
Division of the State Department of Education, shall adopt
regulations relating to the confidentiality of information provided
pursuant to subdivision (b) on small family day care homes. These
regulations shall include procedures for updating lists or other
information on small family day care providers to ensure referral
only to licensed homes in good standing with the department. Any
person or entity violating the regulations under this subdivision may
be denied access by the department to information on small family
day care homes and shall be reported by the department to the
appropriate funding or licensing department.
SEC. 2. 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 and the Department of Social Services
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. 3. 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, unless a juvenile court has waived the prohibition
in accordance with Section 361.35 of the Welfare and Institutions
Code:
(1) A foster home or facility that is licensed by the State
Department of Social Services or a county child welfare services
agency.
(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.
SEC. 4. 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. 5. Section 10613.3 is added to the Welfare and Institutions
Code, to read:
10613.3. The State Department of Social Services shall, no later
than January 1, 2014, 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, or other equivalent
data, of all of the following within the jurisdiction of the sheriff,
chief of police, or other person or entity:
(a) Each foster home or facility 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. 6. Section 10613.4 is added to the Welfare and Institutions
Code, to read:
10613.4. (a) Peace officers from the
Investigators of 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 foster home or facility 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 investigators
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 investigator
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 and the
Department of Social Services 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 an
investigator makes a report by telephone, the officer
investigator shall mail or send by facsimile or
electronic transmission a written report within 36 hours of his or
her telephone report.
(d) For purposes of this section, "investigator" is an
investigator of the State Department of Social Services who is
authorized to be a peace officer pursuant to subdivision (h) of
Section 830.3 of the Penal Code.
SEC. 7. 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.