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SB-1221 Schools: trespassing.(2017-2018)

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Date Published: 04/10/2018 09:00 PM
SB1221:v98#DOCUMENT

Amended  IN  Senate  April 10, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1221


Introduced by Senator Gaines

February 15, 2018


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


LEGISLATIVE COUNSEL'S DIGEST


SB 1221, as amended, Gaines. Schools: trespassing.
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. Existing law defines school, for purposes of those provisions, to include, among others, any public or private elementary school, junior high school, 4-year high school, senior high school, adult school, evening high school, or technical school. Existing law defines “chief administrative officer,” for purposes of those provisions, as the principal of the school, and other persons designated by the principal who have specified credentials.
This bill would make those provisions also applicable to a public or private preschool. preschool and would expand the definition of a chief administrative official to include the owner, director, or general manager of a preschool.
By changing the definition of a crime, the 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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) For purposes of this section, “school” also includes a private or public preschool. preschool, and “chief administrative official” includes the owner, director, or general manager of a preschool.
(d) 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.
(e) Nothing in this section shall preclude or prohibit prosecution under any other 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.