Bill Text: CA AB307 | 2009-2010 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: AB 307	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 17, 2009

   An act to add Sections 16005 and 16106 to the Business and
Professions Code, and to amend Section 9002 of the Penal Code,
relating to business licenses.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 307, as introduced, Cook. Business licenses: ice cream truck
operation.
   Existing law authorizes the legislative body of an incorporated
city and the board of supervisors of a county to issue business
licenses to persons to operate any kind of business not prohibited by
law.
   This bill would prohibit a city or county from issuing a license
to operate an ice cream truck, as defined, to any person who is
required to register as a sex offender.
   Existing law establishes the Sex Offender Management Board and
requires the board to address any issues, concerns, and problems
related to the community management of adult sex offenders, as
specified.
   This bill would, in addition, require the board to conduct an
assessment of whether the state needs to preempt local control
regarding licensure prohibitions on sex offenders and to report on
the assessment to the Legislature and the Governor, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 16005 is added to the Business and Professions
Code, to read:
   16005.  No person shall be issued a license by a city to operate
an ice cream truck, as defined in subdivision (c) of Section 22456 of
the Vehicle Code, if that person is required to register as a sex
offender pursuant to any provision of Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1 of the Penal Code because of a
conviction for a crime where the victim was a person under 16 years
of age.
  SEC. 2.  Section 16106 is added to the Business and Professions
Code, to read:
   16106.  No person shall be issued a license by a county to operate
an ice cream truck, as defined in subdivision (c) of Section 22456
of the Vehicle Code, if that person is required to register as a sex
offender pursuant to any provision of Chapter 5.5 (commencing with
Section 290) of Title 9 of Part 1 of the Penal Code because of a
conviction for a crime where the victim was a person under 16 years
of age.
  SEC. 3.  Section 9002 of the Penal Code is amended to read:
   9002.  (a) The board shall address any issues, concerns, and
problems related to the community management of adult sex offenders.
The main objective of the board, which shall be used to guide the
board in prioritizing resources and use of time, is to achieve safer
communities by reducing victimization. To that end, the board shall
do  both   all  of the following:
   (1) Conduct a thorough assessment of current management practices
for adult sex offenders, primarily those under direct criminal
justice or other supervision, residing in California communities. A
report on the findings of this assessment shall be submitted to the
Legislature and the Governor by January 1, 2008. Areas to be reviewed
in this assessment shall include, but not be limited to, the
following:
   (A) The numbers and distribution of offenders.
   (B) Supervision practices.
   (C) Treatment availability and quality.
   (D) Issues related to housing.
   (E) Recidivism patterns.
   (F) Response to the safety concerns of past and potential future
victims.
   (G) Cost and cost-effectiveness of various approaches.
   (H) Any significant shortcomings in management practices.
   (2) Develop recommendations, based upon the findings in the
assessment  conducted pursuant to paragraph (1)  , to
improve management practices of adult sex offenders under supervision
in the community, with the goal of improving community safety. The
plan shall address all significant aspects of community management
including supervision, treatment, housing, transition to the
community, interagency coordination and the practices of other
entities that directly or indirectly affect the community management
of sex offenders. The board shall provide information to the
Legislature and Governor as to its progress by January 1, 2009. The
completed plan shall be submitted to the Legislature and the Governor
by January 1, 2010. 
   (3) Conduct a thorough assessment of whether the state needs to
preempt local control regarding licensure prohibitions for persons
required to register as a sex offender pursuant to any provision of
Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1. The
board shall submit a summary of its findings to the Legislature and
the Governor on or before January 1, 2011. 
   (b) The board shall conduct public hearings, as it deems
necessary, to provide opportunities for gathering information and
receiving input regarding the work of the board from concerned
stakeholders and the public.