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AB-514 Registered sex offenders: day care facilities.(2017-2018)

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Date Published: 07/05/2018 11:42 AM
AB514:v95#DOCUMENT

Amended  IN  Senate  July 05, 2018
Amended  IN  Senate  June 14, 2018
Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 514


Introduced by Assembly Member Salas

February 13, 2017


An act to amend Section 3003.5 of add Section 3003.7 to the Penal Code, relating to sex offenders.


LEGISLATIVE COUNSEL'S DIGEST


AB 514, as amended, Salas. Registered sex offenders: residential limitations: day care facilities.
Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses, or of attempts to commit those offenses, to register with local law enforcement agencies while residing in the state or while attending school or working in the state. Existing law, as amended by Proposition 83 of the November 7, 2006, statewide general election, prohibits a person who is required to register pursuant to the Sex Offender Registration Act from residing within 2,000 feet of any public or private school, or park where children regularly gather. Existing law authorizes a designated law enforcement entity to provide information to the public about a person required to register as a sex offender, by whatever means the entity deems appropriate, when necessary to ensure the public safety based upon information available to the entity, as specified.
This bill would require local law enforcement to notify a child day care facility, as defined, when a person who is required to register with that law enforcement agency pursuant to the act registers a new residence within 1,000 feet of the facility, if one or more of the victims of the offense for which the person is required to register was 14 years of age or younger at the time the crime was committed, except as specified. By imposing additional duties on local law enforcement, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would prohibit a person who is required to register pursuant to the act from residing within 1,000 feet of a day care center or a family day care home, as defined, if one or more of the victims of the offense for which the person is required to register was 14 years of age or younger at the time the crime was committed. 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.

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

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


SECTION 1.

 Section 3003.7 is added to the Penal Code, to read:

3003.7.
 A law enforcement agency shall notify a child day care facility, as defined in Section 1596.750 of the Health and Safety Code, when a person for whom registration with that law enforcement agency is required pursuant to Section 290 registers a new residence within 1,000 feet of the facility, if one or more of the victims of the crimes for which the person is required to register was 14 years of age or younger at the time the crime was committed. Law enforcement shall only notify facilities of persons as to whom information may be available to the public pursuant to the Internet Web site as provided in Section 290.46.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 3003.5 of the Penal Code is amended to read:
3003.5.

(a)Notwithstanding any other law, when a person is released on parole after having served a term of imprisonment in state prison for an offense for which registration is required pursuant to Section 290, that person may not, during the period of parole, reside in a single family dwelling with any other person also required to register pursuant to Section 290, unless those persons are legally related by blood, marriage, or adoption. For purposes of this section, “single family dwelling” does not include a residential facility that serves six or fewer persons.

(b)Notwithstanding any other law, it is unlawful for a person for whom registration is required pursuant to Section 290 to reside within 2,000 feet of a public or private school, or park where children regularly gather.

(c)Notwithstanding any other law, it is unlawful for a person for whom registration is required pursuant to Section 290 to reside within 1,000 feet of a day care center or family day care home, as defined in Sections 1596.76 and 1596.78 of the Health and Safety Code, respectively, if one or more of the victims of the crimes for which the person is required to register was 14 years of age or younger at the time the crime was committed.

(d)This section does not prohibit municipal jurisdictions from enacting local ordinances that further restrict the residency of a person for whom registration is required pursuant to Section 290.

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.