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AB-872 School employees: employment: sex offenses.(2017-2018)

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Date Published: 08/07/2017 09:00 PM
AB872:v97#DOCUMENT

Assembly Bill No. 872
CHAPTER 167

An act to amend Section 44010 of the Education Code, relating to school employees.

[ Approved by Governor  August 07, 2017. Filed with Secretary of State  August 07, 2017. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 872, Chau. School employees: employment: sex offenses.
Existing law prohibits the employment or retainment of employment by a school district of a person convicted of a sex offense and defines the term “sex offense” for those purposes and for specified other provisions relating to schools and school employees.
This bill would revise the list of crimes included in the definition of “sex offense” by, among other things, including specified crimes a violation of which requires a person to register as a sex offender under the Sex Offender Registration Act. By imposing additional duties on local educational agencies to, among other things, take action relating to the employment of a person convicted of one of those offenses, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 44010 of the Education Code is amended to read:

44010.
 “Sex offense,” as used in Sections 44020, 44237, 44346, 44425, 44436, 44836, and 45123, means any one or more of the offenses listed below:
(a) Any offense defined in Section 220, 261, 261.5, 262, 288.2, subdivision (c) of Section 290, 311.2, 313.1, 647b, or subdivision (a) or (d) of Section 647 of the Penal Code.
(b) Any offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or any offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.
(c) Any offense defined in Section 314 of the Penal Code committed on or after September 15, 1961.
(d) Any offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and before September 15, 1961.
(e) Any offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961.
(f) Any offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed before September 15, 1961, to the same extent that an offense committed before that date was a sex offense for the purposes of this section before September 15, 1961.
(g) Any offense defined in Section 286 or 288a of the Penal Code before the effective date of the amendment of either section enacted at the 1975–76 Regular Session of the Legislature committed before the effective date of the amendment.
(h) Any attempt to commit any of the offenses specified in this section.
(i) Any offense committed or attempted in any other state or against the laws of the United States that, if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section.
(j) Any conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code.
(k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981.

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.