Bill Text: CA AB1108 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Sex offenders: foster care homes: prohibitions.

Sponsorship: Slight Partisan Bill (Democrat 8-5)

Status: (Passed) 2013-10-12 - Chaptered by Secretary of State - Chapter 772, Statutes of 2013. [AB1108 Detail]

Download: California-2013-AB1108-Chaptered.html

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BILL NUMBER: AB 1108	CHAPTERED
	BILL TEXT

	CHAPTER  772
	FILED WITH SECRETARY OF STATE  OCTOBER 12, 2013
	APPROVED BY GOVERNOR  OCTOBER 12, 2013
	PASSED THE SENATE  SEPTEMBER 9, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2013
	AMENDED IN SENATE  SEPTEMBER 3, 2013
	AMENDED IN SENATE  JUNE 19, 2013
	AMENDED IN ASSEMBLY  APRIL 29, 2013
	AMENDED IN ASSEMBLY  APRIL 15, 2013

INTRODUCED BY   Assembly Members Perea and Frazier
   (Principal coauthor: Senator Huff)
   (Coauthors: Assembly Members Blumenfield, Hall, Maienschein, and
Salas)
   (Coauthors: Senators Anderson, Beall, Cannella, Fuller, Lieu, and
Nielsen)

                        FEBRUARY 22, 2013

   An act to add Section 3003.6 to the Penal Code, relating to sex
offenders.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1108, Perea. Sex offenders: foster care homes: prohibitions.
   Existing law requires every person convicted of certain offenses,
for the rest of his or her life while residing in California, or
while attending school or working in California, as specified, to
register with the chief of police of the city in which he or she is
residing, or the sheriff of the county if he or she is residing in an
unincorporated area or city that has no police department, and,
additionally, with the chief of police of a campus of the University
of California, the California State University, or community college
if he or she is residing upon the campus or in any of its facilities,
within 5 working days of coming into, or changing his or her
residence within, any city, county, or city and county, or campus in
which he or she temporarily resides, and to register thereafter as
specified. Existing law, the California Community Care Facilities
Act, provides for the licensure and regulation of community care
facilities, including group homes and foster family homes, by the
State Department of Social Services. Existing law provides for the
certification of foster homes by foster family agencies.
   This bill would, subject to exception, prohibit any person who is
required to register as a sex offender, based upon the commission of
an offense against a minor, from residing, working, or volunteering
in specified foster homes or facilities, as provided. The bill would
provide that violation of the prohibition is a misdemeanor.
   By creating a new 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.


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

  SECTION 1.  Section 3003.6 is added to the Penal Code, to read:
   3003.6.  (a) Every person who is required to register pursuant to
Section 290, based upon the commission of an offense against a minor,
is prohibited from residing, except as a client, and from working or
volunteering in any of the following:
   (1) A child day care facility or children's residential facility
that is licensed by the State Department of Social Services, a home
certified by a foster family agency, or a home approved by a county
child welfare services agency.
   (2) A home or facility that receives a placement of a child who
has been, or may be, declared a dependent child of the juvenile court
pursuant to Section 300 of the Welfare and Institutions Code or who
has been, or may be, declared a ward of the juvenile court pursuant
to Section 601 or 602 of the Welfare and Institutions Code.
   (b) Any person who violates this section is guilty of a
misdemeanor.
   (c) Nothing in this section shall limit the authority of the State
Department of Social Services to deny a criminal record exemption
request and to take an action to exclude an individual from residing,
working, or volunteering in a licensed facility pursuant to Sections
1522, 1569.09, 1569.17, or 1596.871 of the Health and Safety Code.
  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.