Bill Text: CA SB326 | 2013-2014 | Regular Session | Chaptered

California Senate Bill 326 (Prior Session Legislation)

Bill Title: Sex offenders.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2013-09-09 - Chaptered by Secretary of State. Chapter 279, Statutes of 2013. [SB326 Detail]

Download: California-2013-SB326-Chaptered.html

BILL NUMBER: SB 326	CHAPTERED
	BILL TEXT

	CHAPTER  279
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2013
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2013
	PASSED THE SENATE  MAY 29, 2013
	PASSED THE ASSEMBLY  AUGUST 26, 2013
	AMENDED IN SENATE  MAY 28, 2013
	AMENDED IN SENATE  MAY 7, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Beall

                        FEBRUARY 19, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 326, Beall. Sex offenders.
   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 ground without lawful business and written permission
from the chief administrative official of the school.
   This bill would require that the written permission indicate the
date or date range and time for which permission is granted. The bill
would authorize the chief administrative official of the school to
grant a registered sex offender who is not a family member of a pupil
who attends that school, permission to come into a school building
or upon the school grounds to volunteer at the school, provided that
the chief administrative official notifies the parent or guardian of
each child attending the school of the permission, as specified.


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, who comes into any school building
or upon any school ground without lawful business thereon and written
permission indicating the date or dates and times for which
permission has been granted from the chief administrative official of
that school, is guilty of a misdemeanor.
   (b) (1) The chief administrative official of a school may grant a
person who is subject to this section and not a family member of a
pupil who attends that school, permission to come into a school
building or upon the school grounds to volunteer at the school,
provided that, notwithstanding subdivisions (a) and (c) of Section
290.45, at least 14 days prior to the first date for which permission
has been granted, the chief administrative official notifies or
causes to be notified the parent or guardian of each child attending
the school that a person who is required to register as a sex
offender pursuant to Section 290 has been granted permission to come
into a school building or upon school grounds, the date or dates and
times for which permission has been granted, and his or her right to
obtain information regarding the person from a designated law
enforcement entity pursuant to Section 290.45. The notice required by
this paragraph shall be provided by one of the methods identified in
Section 48981 of the Education Code.
   (2) Any chief administrative official or school employee who in
good faith disseminates the notification and information as required
by paragraph (1) shall be immune from civil liability for action
taken in accordance with that paragraph.
   (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.
   (d) Nothing in this section shall preclude or prohibit prosecution
under any other provision of law.
                           ____ CORRECTIONS  Text--Page 2.
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