Bill Text: CA AB307 | 2009-2010 | Regular Session | Chaptered
Bill Title: Sex offenders: working with minors.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 430, Statutes of 2009. [AB307 Detail]
Download: California-2009-AB307-Chaptered.html
BILL NUMBER: AB 307 CHAPTERED
BILL TEXT
CHAPTER 430
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN SENATE AUGUST 20, 2009
AMENDED IN SENATE JUNE 24, 2009
AMENDED IN SENATE JUNE 10, 2009
AMENDED IN ASSEMBLY MARCH 23, 2009
INTRODUCED BY Assembly Member Cook
(Principal coauthor: Senator Leno)
(Coauthor: Senator Benoit)
FEBRUARY 17, 2009
An act to amend Section 290.95 of the Penal Code, relating to sex
offenders, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 307, Cook. Sex offenders: working with minors.
Under existing law, a person required to register as a sex
offender who applies for or accepts a position as an employee or
volunteer with any person, group, or organization where he or she
would be working directly and in an unaccompanied setting with minor
children on a regular basis, is required to disclose his or her
registrant status, as specified. Existing law also prohibits a person
required to register as a sex offender because of a conviction for a
crime where the victim was a minor under 16 years of age from being
an employer, employee, or independent contractor, or acting as a
volunteer with any person, group, or organization in a capacity in
which the registrant would be working directly and in an
unaccompanied setting with minor children on more than an incidental
and occasional basis or from having supervision or disciplinary power
over minor children. A violation of these provisions is a
misdemeanor.
This bill would specify that "working directly and in an
unaccompanied setting" includes, but is not limited to, providing
goods or services to minors. Because the bill would change the scope
of an existing crime, it 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 no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 290.95 of the Penal Code is amended to read:
290.95. (a) Every person required to register under Section 290,
who applies for or accepts a position as an employee or volunteer
with any person, group, or organization where the registrant would be
working directly and in an unaccompanied setting with minor children
on more than an incidental and occasional basis or have supervision
or disciplinary power over minor children, shall disclose his or her
status as a registrant, upon application or acceptance of a position,
to that person, group, or organization.
(b) Every person required to register under Section 290 who
applies for or accepts a position as an employee or volunteer with
any person, group, or organization where the applicant would be
working directly and in an accompanied setting with minor children,
and the applicant's work would require him or her to touch the minor
children on more than an incidental basis, shall disclose his or her
status as a registrant, upon application or acceptance of the
position, to that person, group, or organization.
(c) No person who is required to register under Section 290
because of a conviction for a crime where the victim was a minor
under 16 years of age shall be an employer, employee, or independent
contractor, or act as a volunteer with any person, group, or
organization in a capacity in which the registrant would be working
directly and in an unaccompanied setting with minor children on more
than an incidental and occasional basis or have supervision or
disciplinary power over minor children. This subdivision shall not
apply to a business owner or an independent contractor who does not
work directly in an unaccompanied setting with minors.
(d) For purposes of this section, "working directly and in an
unaccompanied setting" includes, but is not limited to, providing
goods or services to minors.
(e) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for not exceeding six months, by a fine
not exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine, and a violation of this section shall not
constitute a continuing offense.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order for public safety officials to clarify the scope of the
prohibition on specified sex offenders working in an unaccompanied
setting with minors, it is necessary for this legislation to take
effect immediately.
