Bill Text: CA SB26 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Sex offenders: access to schools.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB26 Detail]

Download: California-2017-SB26-Amended.html

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Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 26

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Introduced by Senator Leyva
(Principal coauthor: Assembly Member Reyes)
(Coauthor: Senator Beall)

December 05, 2016

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An act to amend Section 626.81 of the Penal Code, relating to sex offenders.

LEGISLATIVE COUNSEL'S DIGEST

SB 26, as amended, Leyva. Sex offenders: access to schools.

Existing law makes it a misdemeanor for any person who is required to register as a sex offender to come into any school building or upon any school grounds without lawful business and written permission from the chief administrative official of that school.

This bill would make it a misdemeanor for a registered sex offender to come into any school building or upon any school grounds under any circumstance by removing the provision allowing for entry by such an offender with lawful business and the written permission from the chief administrative official of the school. By authorize a person who is registered as a sex offender to enter a school building or upon school grounds to conduct lawful business at the school when pupils are not present. The bill would authorize a person who is registered as a sex offender to enter the boundaries of a polling place in a school building or on school grounds for the purpose of voting in an election.

This bill would also authorize a person who is registered as a sex offender and who is a parent or guardian of a pupil who attends the school to enter a school building or upon school grounds for purposes that relate to his or her right to make educational decisions for his or her child. The bill would authorize a person who is registered as a sex offender and who is a parent or guardian of a pupil who attends the school to enter a school building or upon school grounds for any lawful purpose, unless he or she has been convicted of specified crimes. The bill would require the person to be supervised by a school official while in a school building or upon school grounds. By changing the definition of a crime, this bill 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 626.81 of the Penal Code is amended to read:

626.81.

 (a) A person who is required to register as a sex offender pursuant to Section 290, for the duration of the time he or she is required to register, who comes into enters any school building or upon any school grounds, grounds without lawful business is guilty of a misdemeanor.

(b) (1) A person who is subject to subdivision (a) may enter a school building or upon school grounds to conduct lawful business at the school only when pupils are not present, except as otherwise provided in this subdivision.

(2) A person who is subject to subdivision (a) and who is a parent or guardian of a pupil who attends the school may enter a school building or upon school grounds for purposes that relate to his or her right to make educational decisions for his or her child. The person shall be supervised by a school official while in the school buildings or upon school grounds.

(3) (A) Except as provided in subparagraph (B), a person who is subject to subdivision (a) and who is a parent or guardian of a pupil who attends the school may enter a school building or upon school grounds for any lawful purpose. The person shall be supervised by a school official while in the school building or upon school grounds.

(B) A person may not enter into a school building or upon school grounds pursuant to this paragraph if he or she is required to register for a conviction in a court in this state or a federal or military court of a violation of Section 243.4, 261, 286, 288, 288.5, 288a, or 289, Section 209 with the intent to violate Section 261, 286, 288, 288a, or 289, subdivision (b) or (c) of Section 236.1, any offense involving lewd or lascivious conduct under Section 272, a felony violation of Section 288.2, or a violation of subdivision (c) of Section 653f.

(4) A registered sex offender may enter a polling place located in a school building or on school grounds for the purpose of voting in an election.

(b)

(c) Punishment for a violation of this section shall be as follows:

(1) Upon a first conviction by a fine of not exceeding five hundred dollars ($500), by imprisonment in a county jail for a period of not more than six months, or by both the fine and imprisonment.

(2) If the defendant has been previously convicted once of a violation of this section, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 10 days.

(3) If the defendant has been previously convicted two or more times of a violation of this section, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding five hundred dollars ($500), and shall not be released on probation, parole, or any other basis until he or she has served not less than 90 days.

(c)

(d) This section shall not preclude or prohibit prosecution under any other provision of law.

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.