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 wouldbegin delete authorizeend deletebegin insert, ifend insert the chief administrative official of a schoolbegin insert electsend insert to grantbegin delete permission only afterend deletebegin insert
permission to a person who is not the parent or guardian with legal custody of a child who attends that school, requireend insert the chief administrative officialbegin delete has
consultedend deletebegin insert to consultend insert 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 andbegin delete ifend delete the registering authority has concluded that the person has a moderate to high risk of reoffending, to notify the parent or guardian 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 626.81 of the Penal Code is amended to
2read:
(a) A person who is required to register as a sex
4offender pursuant to Section 290, who comes into any school
5building or upon any school ground without lawful business
6thereon and written permission indicating the date or dates and
7times for which permission has been granted from the chief
8administrative official of that school, is guilty of a misdemeanor.begin delete9 If the chief administrative official of the school, in his or her
10discretion, elects to consider whether to grant permission, he or
11she shall comply with the requirements set forth
in subdivision
12(b).end delete
13(b) (1) begin insertIf a person who requests permission to come into a
14school building or upon the school grounds is not a parent or
15guardian with legal custody of a pupil who attends that school
16and the chief administrative official of the school, in his or her
17discretion, elects to consider whether to grant permission to that
18person, he or she shall comply with the requirements set forth in
19this subdivision.end insert
20begin insert(2)end insertbegin insert end insert The chief
administrative official of a school may grant
21permission to a person who isbegin delete required to register as a sex offender begin insert subject to this subdivisionend insert to come into
P3 1pursuant to Section 290end delete
2any school building or upon any school ground only after the chief
3administrative official has consulted with the person’s registering
4authority.
5(2)
end delete
6begin insert(end insertbegin insert3)end insert The registering authority shall disclose to the chief
7administrative official, during the consultation required by
8paragraphbegin delete (1)end deletebegin insert (2)end insert, the following information:
9(A) The person’s most recent static State Authorized Risk
10Assessment Tool for Sex Offenders (SARATSO) assessment score,
11obtained pursuant to Section 290.06, and most recent SARATSO
12dynamic tool and SARATSO future violence tool assessment
13scores, obtained pursuant to Section 290.09, if those scores are
14available from the California Sex and Arson Registry.
15(B) A brief description of the facts underlying the offense or
16offenses for which the person
is required to register, if that
17information is available from the California Sex and Arson
18Registry, police reports, or presentencing reports.
19(C) Any facts known to the registering authority that indicate
20the person poses a current risk to children, including, but not
21limited to, the presence of risk factors associated with committing
22sexual or violent offenses.
23(D) The registering authorities’ assessment, based on the
24information identified in subparagraphs (A) to (C), inclusive, of
25the risk that the person will reoffend.
26(3)
end delete
27begin insert(end insertbegin insert4)end insert (A) If the chief administrative official determines after the
28consultation required by paragraphbegin delete (1)end deletebegin insert (2)end insert that he or she will grant
29the person permission to come into a school building or upon
30school grounds and the registering authority has concluded
that
31the person poses a moderate to high risk of
reoffending, the chief
32administrative official may grant the person permission, provided
33that, notwithstanding subdivisions (a) and (c) of Section 290.45,
34at least 14 days prior to the first date for which permission has
35been granted, the chief administrative official notifies or causes
36to be notified the parent or guardian of each child attending the
37school that a person who is required to register as a sex offender
38pursuant to Section 290 has been granted permission to come into
39a school building or upon school grounds, the date or dates and
40times for which permission has been granted, and his or her right
P4 1to obtain information regarding the person from a designated law
2enforcement entity pursuant to Section 290.45. The notice required
3by this subparagraph shall be provided by one of the methods
4identified in Section 48981 of the Education Code.
5(B) Any chief administrative official or school employee who
6in good faith disseminates the notification and information as
7required by subparagraph (A) shall be immune from civil liability
8for action taken in accordance with that provision.
9(5) For purposes of this subdivision, the “registering authority”
10is the law enforcement agency or agencies with which a person
11described in paragraph (1) is currently required to register
12pursuant to Section 290.
13(c) Punishment for a violation of this section shall be as follows:
14(1) Upon a first conviction by a fine of not exceeding five
15hundred dollars ($500), by imprisonment in a county jail for a
16
period of not more than six months, or by both the fine and
17imprisonment.
18(2) If the defendant has been previously convicted once of a
19violation of this section, by imprisonment in a county jail for a
20period of not less than 10 days or more than six months, or by both
21imprisonment and a fine of not exceeding five hundred dollars
22($500), and shall not be released on probation, parole, or any other
23basis until he or she has served not less than 10 days.
24(3) If the defendant has been previously convicted two or more
25times of a violation of this section, by imprisonment in a county
26jail for a period of not less than 90 days or more than six months,
27or by both imprisonment and a fine of not exceeding five hundred
28dollars ($500), and shall not be released on probation,
parole, or
29any other basis until he or she has served not less than 90 days.
30(d) Nothing in this section shall preclude or prohibit prosecution
31under any other provision of law.
32(e) For purposes of this section, the “registering authority” is
33the law enforcement agency or agencies with which a person
34described in subdivision (a) is currently required to register
35pursuant to Section 290.
No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution for certain
38costs that may be incurred by a local agency or school district
39because, in that regard, this act creates a new crime or infraction,
40eliminates a crime or infraction, or changes the penalty for a crime
P5 1or infraction, within the meaning of Section 17556 of the
2Government Code, or changes the definition of a crime within the
3meaning of Section 6 of Article XIII B of the California
4Constitution.
5However, if the Commission on State Mandates determines that
6this act contains other costs mandated by
the state, reimbursement
7to local agencies and school districts for those costs shall be made
8pursuant to Part 7 (commencing with Section 17500) of Division
94 of Title 2 of the Government Code.
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