BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 326|
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THIRD READING
Bill No: SB 326
Author: Beall (D)
Amended: 5/28/13
Vote: 21
SENATE EDUCATION COMMITTEE : 9-0, 4/17/13
AYES: Liu, Wyland, Block, Correa, Hancock, Hueso, Huff,
Jackson, Monning
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/30/13
AYES: Hancock, Anderson, Block, De Le�n, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 5-0, 5/23/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
SUBJECT : Sex offenders
SOURCE : Author
DIGEST : This bill authorizes the chief administrative
official (CAO) of the school to grant a registered sex offender
who is not a family member of a pupil who attends that school,
permission to come into a school building or upon the school
grounds to volunteer at the school, provided that the CAO
notifies the parent or guardian of each child attending the
school of the permission, as specified. This bill requires that
the written permission indicate the date or date range and time
for which permission is granted.
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ANALYSIS :
Existing law:
1.Requires any person who has been convicted of specified sexual
offenses to register as a sex offender for the rest of his or
her life while residing in California. The person must
register with the chief of police of the city in which he or
she is residing, or the sheriff of the county if he or she is
residing in an unincorporated area or city that has no police
department.
2.Prohibits a registered sex offender from being in any school
building or upon any school grounds without lawful business
thereon and without written permission from the chief
administrative official of that school. A person violating
this prohibition is guilty of a misdemeanor.
3.Prohibits a registered sex offender from residing within 2,000
feet of any public or private school, or park where children
regularly gather.
4.Prohibits sex offender registrants, whose sex crime was
against a victim under age 16, from working as an employee or
volunteer with minors if the registrants would be working with
minors directly and in an unaccompanied setting on more than
an incidental or occasional basis or would have supervisory or
disciplinary power over the child. If a registrant's crime
was not against a victim under age 16, the registrant must
notify the employer or volunteer organization of his status as
a registrant. Failure to comply with this law is a
misdemeanor offense.
5.Specifies when a school district or county office of education
requests from the Department of Justice (DOJ), records
involving criminal offenses committed by a prospective
volunteer, the school district or county office of education
may request that the DOJ provide subsequent arrest
notification service and specifies that the DOJ shall comply
with that request.
6.Provides parents and guardians with certain rights, including
the right to volunteer their time and resources for the
improvement of school facilities and programs under the direct
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supervision of district employees, including but not limited
to providing assistance in the classroom with the approval of
and under the direct supervision of the teacher. In adopting
policies that outline the manner in which parents or
guardians, school staff, and pupils may share responsibility
for the intellectual, physical, emotional, and social
development and well-being of pupils, school district
governing boards must specify the manner in which the parents
and guardians of pupils may support the learning environment,
including volunteering in their children's classrooms or for
other activities at the school. School districts are not
authorized to permit participation by a parent or guardian if
it conflicts with a valid restraining order, protective order,
or order for custody or visitation issued by a court of
competent jurisdiction.
This bill authorizes the CAO of the school to grant a registered
sex offender who is not a family member of a pupil who attends
that school, permission to come into a school building or upon
the school grounds to volunteer at the school, provided that the
CAO notifies the parent or guardian of each child attending the
school of the permission, as specified. This bill requires that
the written permission indicate the date or date range and time
for which permission is granted. Provides that a CAO who in
good faith disseminates the notification and information shall
be immune from civil liability for action taken pursuant to this
bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee this bill
requires specific actions be taken by CAOs and local law
enforcement agencies, if a CAO elects to consider granting
permission for a registered sex offender to come onto a school
campus. The requirements for both the CAO and local law
enforcement agencies would be triggered by the CAO's decision.
SUPPORT : (Verified 5/28/13)
California Protective Parents Association
County of Santa Clara Supervisor, District Three
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Saint Frances Cabrini School, Ladies League and Communications
Committee
The Children's Psychological Trama Center
ARGUMENTS IN SUPPORT : According to the author, "A recent
incident at a school in Senate District 15 has shed light on
some problems with the California Penal Code when dealing with
registered sex offenders on school grounds. The Penal Code
allows a registered sex offender to enter any school building or
grounds with the written permission from the chief
administrative official of said
school. While this permission is necessary in some cases,
measures must be taken to ensure correct decisions are being
made when the permission is granted."
PQ:nl 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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