Bill Text: CA SB160 | 2013-2014 | Regular Session | Amended
Bill Title: Classified school employees: misconduct against a child: statewide tracking.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2013-08-14 - Set, first hearing. Hearing canceled at the request of author. [SB160 Detail]
Download: California-2013-SB160-Amended.html
BILL NUMBER: SB 160 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 30, 2013
AMENDED IN SENATE APRIL 25, 2013
AMENDED IN SENATE APRIL 8, 2013
INTRODUCED BY Senators Lara and De León
(Coauthor: Senator Correa)
FEBRUARY 1, 2013
An act to amend Section 44010 of, and to add Section 45304.5 to,
the Education Code, relating to classified school employees.
LEGISLATIVE COUNSEL'S DIGEST
SB 160, as amended, Lara. Classified school employees: misconduct
against a child: statewide tracking.
Existing law requires the governing board of a school district to
place a classified employee on a compulsory leave of absence in
specified circumstances, including, among other circumstances, if the
employee is charged by complaint, information, or indictment filed
in a court of competent jurisdiction with the commission of a sex
offense, as defined.
This bill would require a school district or charter school to
notify the State Department of Education when a classified employee
of the school district or charter school is dismissed,
resigns, is suspended, retires, or is
terminated from employment as a result of misconduct against a child,
as specified, and to notify, in writing, the classified
employee who is the subject of the notification, as specified,
thereby imposing a state-mandated local program. The bill would
require the department, upon request by a school district or charter
school, to provide that information only for purposes of verifying
previous employment of a classified employee, as specified. The bill
would require the information to be kept confidential and would
require the department to remove from its records a
classified employee's information who is subsequently acquitted or
found to be wrongfully accused of that information if
a person submits a certified copy of a court order of an acquittal or
statement of factual innocence pertaining to the alleged
misconduct against a child. The bill would make a
conforming change and nonsubstantive changes.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 44010 of the Education Code is amended to read:
44010. "Sex offense," as used in Sections 44020, 44237, 44346,
44425, 44436, 44836, 45123, and 45304.5, means any of the offenses
listed below:
(a) An offense defined in Section 220, 261, 261.5, 262, 264.1,
266, 266j, 267, 285, 286, 288, 288a, 288.5, 289, 311.1, 311.2, 311.3,
311.4, 311.10, 311.11, 313.1, 647b, 647.6, or former Section 647a,
subdivision (a), (b), (c), or (d) of Section 243.4, or subdivision
(a) or (d) of Section 647 of the Penal Code.
(b) An offense defined in former subdivision (5) of former Section
647 of the Penal Code repealed by Chapter 560 of the Statutes of
1961, or an offense defined in former subdivision (2) of former
Section 311 of the Penal Code repealed by Chapter 2147 of the
Statutes of 1961, if the offense defined in those sections was
committed before September 15, 1961, to the same extent that an
offense committed before that date was a sex offense for the purposes
of this section before September 15, 1961.
(c) An offense defined in Section 314 of the Penal Code committed
on or after September 15, 1961.
(d) An offense defined in former subdivision (1) of former Section
311 of the Penal Code repealed by Chapter 2147 of the Statutes of
1961 committed on or after September 7, 1955, and before September
15, 1961.
(e) An offense involving lewd and lascivious conduct under Section
272 of the Penal Code committed on or after September 15, 1961.
(f) An offense involving lewd and lascivious conduct under former
Section 702 of the Welfare and Institutions Code repealed by Chapter
1616 of the Statutes of 1961, if that offense was committed before
September 15, 1961, to the same extent that an offense committed
before that date was a sex offense for the purposes of this section
before September 15, 1961.
(g) An offense defined in Section 286 or 288a of the Penal Code
before the effective date of the amendment of either section enacted
at the 1975-76 Regular Session of the Legislature committed before
the effective date of the amendment.
(h) An attempt to commit any of the offenses specified in this
section.
(i) An offense committed or attempted in another state or against
the laws of the United States that, if committed or attempted in this
state, would have been punishable as one or more of the offenses
specified in this section.
(j) A conviction for an offense resulting in the requirement to
register as a sex offender pursuant to Section 290 of the Penal Code.
(k) Commitment as a mentally disordered sex offender under former
Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of
the Welfare and Institutions Code, as repealed by Chapter 928 of the
Statutes of 1981.
SEC. 2. Section 45304.5 is added to the Education Code, to read:
45304.5. (a) A school district or charter school, within 30 days
of one of the following final actions, shall notify the
department when a classified employee of the school district or
charter school is dismissed, resigns, is
suspended, retires, or is terminated from
employment as a result of misconduct against a child
child. The school district or charter
school shall inform, in writing, a classified employee who is the
subject of a notification pursuant to this section within 15 days of
the notification. The notification required by this section shall be
in a format prescribed by the department .
(b) (1) The department shall keep the information provided
pursuant to subdivision (a) and, upon request by a school district or
charter school, provide that information only for purposes of
verifying previous employment for a classified employee being
considered for employment by the requesting school district or
charter school. The department shall remove from its records
a classified employee's information who is subsequently acquitted or
found to be wrongfully accused of any information
kept pursuant to this section if a person submits a certified copy of
a court order of an acquittal or statement of factual innocence
pertaining to the alleged misconduct against a child that led
to his or her dismissal, resignation, suspension,
retirement, or termination of employment.
(2) Information collected and requested pursuant to this section
shall be kept confidential and shall not be made available to the
public. The department shall ensure that information collected
pursuant to this section shall only be used for the purposes
described in this subdivision.
(c) For purposes of this section, "misconduct against a child"
means any of the following:
(1) A sex offense, as specified in Section 44010.
(2) Aiding or abetting the unlawful sale to, use by, or exchange
to, minors of a controlled substance included in Schedule I, II, or
III, as listed in Section 11054, 11055, or 11056 of the Health and
Safety Code, respectively.
(3) An offense specified in Sections 11165.2 to 11165.6,
inclusive, of the Penal Code.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
