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SB-2005 Teacher credentialing: revocation of credential.(1993-1994)

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SB2005:v96#DOCUMENT

Senate Bill No. 2005
CHAPTER 376

An act to amend Section 44425 of the Education Code, relating to teacher credentialing.

[ Filed with Secretary of State  August 29, 1994. Approved by Governor  August 29, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 2005, Leslie. Teacher credentialing: revocation of credential.
Existing law requires the Commission on Teacher Credentialing to revoke the credential of any person convicted of any sex offense or controlled substance offense, as defined, when the conviction becomes final or imposition of sentence is suspended.
This bill, in addition, would provide that the revocation is final without possibility of reinstatement of the credential if the conviction is for specified sex offenses or for controlled substance offenses in which an element of the controlled substance offense is distribution to, or use by, a minor.

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


SECTION 1.

 Section 44425 of the Education Code is amended to read:

44425.
 Whenever the holder of any credential issued by the State Board of Education or the Commission on Teacher Credentialing has been convicted of any sex offense as defined in Section 44010 or controlled substance offense as defined in Section 44011, the commission shall forthwith suspend the credential. If the conviction is reversed and the holder is acquitted of the offense in a new trial or the charges against him or her are dismissed, the commission shall forthwith terminate the suspension of the credential. When the conviction becomes final or when imposition of sentence is suspended, the commission shall forthwith revoke the credential. Notwithstanding any other law, revocation shall be final without possibility of reinstatement of the credential if the conviction is for a felony sex offense, as defined in Section 44010, or a felony controlled substance offense, as defined in Section 44011, in which an element of the controlled substance offense is either the distribution to, or use of a controlled substance by, a minor.
Upon a plea of nolo contendere to any sex offense specified in Section 44010, which plea does not constitute a conviction pursuant to Section 1016 of the Penal Code, all credentials held by the respondent shall be suspended until a final disposition regarding those credentials is made by the commission. Any action that the commission is permitted to take following a conviction may be taken after the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence and the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code.