Amended in Senate April 24, 2013

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 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 begin delete 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 end delete begin insert person and if end insert the registering authority has concluded that the person has a moderate to high risk of reoffending, begin delete the bill would authorize the chief administrative official to grant the person permission provided that the chief administrative official notifies the parents end delete begin insert to notify the parent or guardian end insert of children attending the school of that fact, as specified.

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.

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 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 indicating the date or dates and
times for which permission has been granted from the chief
administrative official of that school, is guilty of a misdemeanor.
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).

(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.

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

(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.

(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.

(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.

begin insert

(D) The registering authorities’ assessment, based on the
information identified in subparagraphs (A) to (C), inclusive, of
the risk that the person will reoffend.

end insert begin delete

(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.

(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.

(B)

end delete

begin insert (3) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert If begin insert 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 and end insert the registering authority has concluded begin delete that,
based on the information identified in subparagraphs (A) to (C),
inclusive, of paragraph (2), end delete begin insert that end insert the person poses a moderate to
high risk of begin delete reoffending, the registering authority shall inform the
chief administrative official of that fact. The end delete begin insert reoffending, the end insert chief
administrative official may grant the person permission, provided
that, notwithstanding subdivisions (a) and (c) of Section 290.45,
begin insert at least 14 days prior to the first date for which permission has
been granted, end insert the chief administrative official notifies or causes
to be notified the begin delete parents end delete begin insert parent or guardian end insert 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 begin delete their end delete begin insert his or her end insert
right to obtain information regarding the person from a designated
law enforcement entity pursuant to Section 290.45. begin insert The notice
required by this subparagraph shall be provided by one of the
methods identified in Section 48981 of the Education Code. end insert

begin delete

(C)

end delete

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

(c) 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.

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

(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.

SEC. 2.  

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.