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

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-Amended.html

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BILL NUMBER: AB 307	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2009
	AMENDED IN SENATE  JUNE 10, 2009
	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Cook

                        FEBRUARY 17, 2009

   An act to add  Sections 16005 and 16106 to the Business
and Professions Code    Section 653.5 to the Penal Code
 , relating to business licenses.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 307, as amended, Cook.  Business licenses 
 Sex offenders  : 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.   requires persons convicted of
specified sex offenses to register with local law enforcement
authorities and update that registration, as specified. A willful
violation of these registration requirements is punishable as a
misdemeanor or as a felony, as specified. Existing law requires that
persons who are subject to registration be informed of their duty to
register upon release from incarceration or confinement in a
hospital, as specified. 
   This bill would  prohibit a city or county from issuing a
license to operate an ice cream truck, as defined, to any person
registered   make it a misdemeanor for any person who is
required to register  as a sex offender because of a conviction
for a crime in which the victim was  a person 
under 16 years of age  to engage in ice cream truck vending, as
defined  .  Because the bill would create a new 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
 yes  .


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

   SEC. 1.    Section 653.5 is added to the  
Penal Code   , to read:  
   653.5.  (a) Any person required to register as a sex offender
pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of
Part 1, the Sex Offender Registration Act, because of a conviction
for a crime that involved a victim who was under 16 years of age, who
engages in retail ice cream truck vending, is guilty of a
misdemeanor.
   (b) As used in this section, "ice cream truck" shall have the same
meaning as the term is defined in subdivision (c) of Section 22456
of the Vehicle Code.
   (c) For purposes of this section, "ice cream truck vending" shall
include the selling, displaying, or offering to sell any item
specified in subdivision (c) of Section 22456 of the Vehicle Code
from an ice cream truck. 
   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.  
  SECTION 1.    Section 16005 is added to the
Business and Professions Code, to read:
   16005.  No person registered as a sex offender pursuant to Chapter
5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal
Code because of a conviction for a crime in which the victim was a
person under 16 years of age 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.  
  SEC. 2.    Section 16106 is added to the Business
and Professions Code, to read:
   16106.  No person registered as a sex offender pursuant to Chapter
5.5 (commencing with Section 290) of Title 9 of Part 1 of the Penal
Code because of a conviction for a crime in which the victim was a
person under 16 years of age 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.