Bill Text: CA AB2086 | 2011-2012 | Regular Session | Amended
Bill Title: Registered sex offenders: local ordinances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2086 Detail]
Download: California-2011-AB2086-Amended.html
BILL NUMBER: AB 2086 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Ammiano
FEBRUARY 23, 2012
An act to amend Section 11169 of add
Section 3003.6 to the Penal Code, relating to child
abuse and neglect registered sex offenders .
LEGISLATIVE COUNSEL'S DIGEST
AB 2086, as amended, Ammiano. Child abuse and neglect:
Child Abuse Central Index. Registered sex offenders:
local ordinances.
Existing law, the Sex Offender Registration Act, requires persons
convicted of specified sex offenses to register with local
authorities for life while residing, located, attending school, or
working in California. Existing law prohibits a person who is
required to register as a sex offender from living in specified
places, including within, 2000 feet of a school or park where
children regularly gather. Existing law authorizes municipal
jurisdictions to enact local ordinances that further restrict the
residency of the registered sex offender.
This bill would require municipal jurisdictions that enact local
ordinances that restrict the movement of registered sex offenders to
post notices in places that would provide sufficient notice of the
restriction. The bill would make failure to comply with these
provisions punishable by a civil penalty of $50,000, to be deposited
into the General Fund.
Existing law, subject to exceptions, requires a police department,
a sheriff's department, a county probation department under certain
circumstances, and a county welfare department to forward to the
Department of Justice a report in writing of every substantiated case
of known or suspected child abuse or severe neglect, for purposes of
inclusion by the department in the Child Abuse Central Index (CACI).
Existing law further requires, if a report has previously been filed
which subsequently proves to be not substantiated, the department to
be notified of that fact and prohibits the department from retaining
the report. Existing law provides for a hearing process by which a
person included on the CACI may have himself or herself removed.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3003.6 is added to the
Penal Code , to read:
3003.6. A municipal jurisdiction that has enacted a local
ordinance that restricts the movement of a person who is required to
register under Section 290 shall post notices in places sufficient to
give the registered person notice of the restriction. The notice
shall include information informing the registered person that
prosecution may result from a violation of the local ordinance.
Failure by the municipal jurisdiction to comply with this section
shall result in a civil penalty of fifty thousand dollars ($50,000),
to be deposited into the General Fund.
SECTION 1. Section 11169 of the Penal Code is
amended to read:
11169. (a) An agency specified in Section 11165.9 shall forward
to the Department of Justice a report, in writing, of every case it
investigates of known or suspected child abuse or severe neglect that
is determined to be substantiated, other than cases coming within
subdivision (b) of Section 11165.2. An agency shall not forward a
report to the Department of Justice unless it has conducted an active
investigation and determined that the report is substantiated, as
defined in Section 11165.12. If a report has been filed previously
that subsequently proves to be not substantiated, the Department of
Justice shall be notified in writing of that fact and shall not
retain the report. The reports required by this section shall be in a
form approved by the Department of Justice and may be sent by fax or
electronic transmission. An agency specified in Section 11165.9
receiving a written report from another agency specified in Section
11165.9 shall not send that report to the Department of Justice.
(b) On and after January 1, 2012, a police department or sheriff's
department specified in Section 11165.9 shall no longer forward to
the Department of Justice a report in writing of a case it
investigates of known or suspected child abuse or severe neglect.
(c) At the time an agency specified in Section 11165.9 forwards a
report, in writing, to the Department of Justice pursuant to
subdivision (a), the agency shall also notify, in writing, the known
or suspected child abuser that he or she has been reported to the
Child Abuse Central Index (CACI). The notice required by this section
shall be in a form approved by the Department of Justice. The
requirements of this subdivision shall apply with respect to reports
forwarded to the department on or after the date on which this
subdivision becomes operative.
(d) Subject to subdivision (e), a person who is listed on the CACI
has the right to a hearing before the agency that requested his or
her inclusion in the CACI to challenge his or her listing on the
CACI. The hearing shall satisfy due process requirements. It is the
intent of the Legislature that the hearing provided for by this
subdivision shall not be construed to be inconsistent with hearing
proceedings available to persons who have been listed on the CACI
prior to the enactment of the act that added this subdivision.
(e) A hearing requested pursuant to subdivision (d) shall be
denied when a court of competent jurisdiction has determined that
suspected child abuse or neglect has occurred, or when the allegation
of child abuse or neglect resulting in the referral to the CACI is
pending before the court. A person who is listed on the CACI and has
been denied a hearing pursuant to this subdivision has a right to a
hearing pursuant to subdivision (d) only if the court's jurisdiction
has terminated, the court has not made a finding concerning whether
the suspected child abuse or neglect was substantiated, and a hearing
has not previously been provided to the listed person pursuant to
subdivision (d).
(f) A person listed in the CACI who has reached 100 years of age
shall have his or her listing removed from the CACI.
(g) If, after a hearing pursuant to subdivision (d) or a court
proceeding described in subdivision (e), it is determined the person'
s CACI listing was based on a report that was not substantiated, the
agency shall notify the Department of Justice of that result and the
department shall remove that person's name from the CACI.
(h) Agencies, including police departments and sheriff's
departments, shall retain child abuse or neglect investigative
reports that result or resulted in a report filed with the Department
of Justice pursuant to subdivision (a) for the same period of time
that the information is required to be maintained on the CACI
pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
(i) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.
