Amended in Senate April 1, 2013

Senate Bill No. 326

Introduced by Senator Beall

February 19, 2013

An act to amend Section 626.81 of the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL’S DIGEST

SB 326, as amended, Beall. Sex offenders.

Existing law makes it a misdemeanor for any person who is required to register as a sex offender to come into any school building or upon any school ground without lawful business and written permission from the chief administrative official of the school.

This bill would begin delete make technical, nonsubstantive changes to that provision. end delete begin insert require that the written permission indicate the date or date range and time for which permission is granted. The bill would authorize the chief administrative official of a school to grant permission only after the chief administrative official has consulted with the person’s registering authority, as defined. The bill would require the registering authority to disclose to the chief administrative official specified information regarding the person. The bill would require the chief administrative official, in cases in which he or she has determined that he or she will grant permission to the person, to again consult the person’s registering authority prior to granting permission. If the registering authority has concluded that the person has a low risk of reoffending or is undecided as to the person’s risk of reoffending, the bill would authorize the chief administrative official to grant the person permission. If the registering authority has concluded end insert begin insert that the person has a moderate to high risk of reoffending, the bill would authorize the chief administrative official to grant the person permission provided that the chief administrative official notifies the parents of children attending the school of that fact, as specified. end insert

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By changing the definition of a crime, and by imposing new duties on law enforcement agencies, the bill would impose a state-mandated local program.

end insert begin insert

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.

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This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

Section 626.81 of the Penal Code is amended to
read:

626.81.  

(a) A person who is required to register as a sex
offender pursuant to Section 290, who comes into any school
building or upon any school ground without lawful business
thereon and written permission begin insert indicating the date or dates and
times for which permission has been granted end insert from the chief
administrative official of that school, is guilty of a misdemeanor.
begin insert If the chief administrative official of the school, in his or her
discretion, elects to consider whether to grant permission, he or
she shall comply with the requirements set forth in subdivision (b). end insert

begin insert

(b) (1) The chief administrative official of a school may grant
permission to a person who is required to register as a sex offender
pursuant to Section 290 to come into any school building or upon
any school ground only after the chief administrative official has
consulted with the person’s registering authority.

end insert begin insert

(2) The registering authority shall disclose to the chief
administrative official, during the consultation required by
paragraph (1), the following information:

end insert begin insert

(A) The person’s most recent static State Authorized Risk
Assessment Tool for Sex Offenders (SARATSO) assessment score,
obtained pursuant to Section 290.06, and most recent SARATSO
dynamic tool and SARATSO future violence tool assessment scores,
obtained pursuant to Section 290.09, if those scores are available
from the California Sex and Arson Registry.

end insert begin insert

(B) A brief description of the facts underlying the offense or
offenses for which the person is required to register, if that
information is available from the California Sex and Arson
Registry, police reports, or presentencing reports.

end insert begin insert

(C) Any facts known to the registering authority that indicate
the person poses a current risk to children, including, but not
limited to, the presence of risk factors associated with committing
sexual or violent offenses.

end insert begin insert

(3) If the chief administrative official determines after the
consultation required by paragraph (1) that he or she will grant
the person permission to come into a school building or upon
school grounds, the chief administrative official shall again consult
the person’s registering authority prior to granting permission
and advise the registering authority of that fact.

end insert begin insert

(A) If the registering authority has concluded that, based on the
information identified in subparagraphs (A) to (C), inclusive, of
paragraph (2), the person poses a low risk of reoffending or the
registering authority is undecided as to the person’s risk of
reoffending, the chief administrative official may grant the person
permission.

end insert begin insert

(B) If the registering authority has concluded that, based on the
information identified in subparagraphs (A) to (C), inclusive, of
paragraph (2), the person poses a moderate to high risk of
reoffending, the registering authority shall inform the chief
administrative official of that fact. The chief administrative official
may grant the person permission, provided that, notwithstanding
subdivisions (a) and (c) of Section 290.45, the chief administrative
official notifies or causes to be notified the parents of each child
attending the school that a person who is required to register as
a sex offender pursuant to Section 290 has been granted permission
to come into a school building or upon school grounds, the date
or dates and times for which permission has been granted, and
their right to obtain information regarding the person from a
designated law enforcement entity pursuant to Section 290.45.

end insert begin insert

(C) Any chief administrative official or school employee who
in good faith disseminates the notification and information as
required by subparagraph (B) shall be immune from civil liability
for action taken in accordance with that provision.

end insert begin delete

(b)

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begin insert ( end insert begin insert c) end insert  Punishment for a violation of this section shall be as follows:

(1) Upon a first conviction by a fine of not exceeding five
hundred dollars ($500), by imprisonment in a county jail for a
period of not more than six months, or by both the fine and
imprisonment.

(2) If the defendant has been previously convicted once of a
violation of this section, by imprisonment in a county jail for a
period of not less than 10 days or more than six months, or by both
imprisonment and a fine of not exceeding five hundred dollars
($500), and shall not be released on probation, parole, or any other
basis until he or she has served not less than 10 days.

(3) If the defendant has been previously convicted two or more
times of a violation of this section, by imprisonment in a county
jail for a period of not less than 90 days or more than six months,
or by both imprisonment and a fine of not exceeding five hundred
dollars ($500), and shall not be released on probation, parole, or
any other basis until he or she has served not less than 90 days.

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(c)

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begin insert ( end insert begin insert d) end insert  Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.

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(e) For purposes of this section, the “registering authority” is
the law enforcement agency or agencies with which a person
described in subdivision (a) is currently required to register
pursuant to Section 290.

end insert

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begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert begin insert

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.

end insert