BILL NUMBER: AB 884	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook
   (Principal coauthor: Senator Berryhill)

                        FEBRUARY 17, 2011

   An act to add Section 290.55 to the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 884, as introduced, Cook. Sexually violent offenders:
notification of offender registration by law enforcement.
   Under existing law, specified law enforcement may provide
information to the public about a person required to register as a
sex offender, by whatever means the entity deems appropriate, when
necessary to ensure the public safety based upon information
available to the entity concerning that sex offender.
   This bill would provide, in addition, that any law enforcement
entity that is notified of the registration of a sex offender who was
convicted of a sexually violent offense or a sex crime against a
child under 14 years of age shall, within 5 days of the offender's
registration, be required to provide, in writing, notice and
information, as specified, to all persons living within 1,000 feet of
the residence of the convicted sex offender and all schools and day
care centers, the services of which are available to the residents of
the area where the convicted sex offender resides. By requiring
local law enforcement to provide specified notice regarding specified
sex offenders to specified persons and entities, this bill would
impose 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 290.55 is added to the Penal Code, to read:
   290.55.  (a) Notwithstanding any other provision of law, any law
enforcement entity notified of the registration of a person convicted
and required to be registered as a sex offender under the Sex
Offender Registration Act (Chapter 5.5 (commencing with Section 290)
of Title 9 of Part 1 of the Penal Code) shall, within five days of
the offender's registration, be required to provide, in writing,
notice and information, as described in Section 290.45, to the
persons or entities specified in subdivision (b), if any of the
following applies:
   (1) The person has been adjudicated to be a sexually violent
predator pursuant to Section 6600 of the Welfare and Institutions
Code or has committed sexually violent crimes as specified in Section
292.
   (2) The person was convicted of a sex offense as described in
subdivision (c) of Section 290 or as specified in Section 294 against
a child under 14 years of age.
   (3) The person was convicted of a sexually violent offense or a
sex crime against a child under 14 years of age, as specified in
paragraphs (6) and (7) of subdivision (d) of Section 667.61.
   (b) Notice of the registration of a sex offender, as required in
subdivision (a), shall be provided to all of the following:
   (1) All persons living within 1,000 feet of the residence of the
convicted sex offender.
   (2) The superintendent of the school district where the sex
offender resides.
   (3) The hiring officer of each nonpublic school, the services of
which are available to the residents of the area where the convicted
sex offender resides.
   (4) The director, head teacher, or principal of every preschool
program available to the residents of the area where the convicted
sex offender resides.
   (5) The administrator of each child day care center, the services
of which are available to residents of the area where the convicted
sex offender resides.
   (6) The president or chief administrative officer of each
institution of higher learning, the services of which are available
to the residents of the area where the convicted sex offender
resides.
  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.