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SB-26 Sex offenders: access to schools.(2017-2018)

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Date Published: 05/02/2017 09:00 PM
SB26:v95#DOCUMENT

Amended  IN  Senate  May 02, 2017
Amended  IN  Senate  April 18, 2017
Amended  IN  Senate  April 05, 2017
Amended  IN  Senate  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 26


Introduced by Senator Leyva
(Principal coauthor: Assembly Member Reyes)
(Coauthors: Senators Beall and Galgiani)

December 05, 2016


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


LEGISLATIVE COUNSEL'S DIGEST


SB 26, as amended, Leyva. Sex offenders: access to schools.
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.
This bill would revise and recast these provisions and would instead authorize delete the requirement that the registered sex offender have written permission from the chief administrative official of the school and would instead make it a misdemeanor for a registered sex offender to enter any school building or upon any school grounds without lawful business.
The bill would authorize a person who is registered as a sex offender registered sex offender who is subject to the above prohibition and who does not have the right to make educational decisions for a pupil who attends the school to enter a school building or upon school grounds to conduct lawful business at the school only when pupils are not present. The bill would authorize a person who is a registered as a sex offender to enter a polling place in a school building or on school grounds for the purpose of voting in an election.
The bill would also authorize a person who is registered as a sex offender registered sex offender who is subject to the above prohibition and who has the right to make educational decisions for a pupil in that school to enter a school building or upon school grounds for purposes relating to the exercise of that right. The bill would authorize a person who is registered as a sex offender registered sex offender who is subject to the above prohibition and who has the right to make educational decisions for a pupil who attends the school to enter a school building or upon school grounds for any lawful purpose not related to the right to make educational decisions for a pupil, unless he or she has been convicted of specified crimes. crimes, except that the bill would specify that he or she may nonetheless attend a specific event if the principal or authorized administrator finds that it is in the best interest of the child and authorizes attendance. The bill would require the person to be supervised, as defined, by a school employee while in a school building or upon school grounds. The bill would exempt from its provisions any pupil who is registered as a sex offender for an offense committed as a juvenile. 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, for the duration of the time he or she is required to register, who enters any school building or upon any school grounds without lawful business is guilty of a misdemeanor.
(b) (1) A person who is subject to subdivision (a) and who does not have the right to make educational decisions for a pupil at the school may enter a school building or upon school grounds to conduct lawful business at the school only when pupils are not present, except as otherwise provided in this subdivision.
(2) A person who is subject to subdivision (a) and who has the right to make educational decisions for a pupil who attends the school, school may enter a school building or upon school grounds for purposes that relate to the exercise of that right. The person shall be supervised by a school employee while in the school buildings or upon school grounds.
(3) (A) A person who is subject to subdivision (a) and who has the right to make educational decisions for a pupil who attends the school may enter a school building or upon school grounds for any lawful purpose not related to his or her right to make educational decisions for the pupil, unless he or she is required to register for a conviction listed in subparagraph (B). The person shall be supervised by a school employee while in the school building or upon school grounds.
(B) A Unless the principal or authorized administrator finds that it is in the best interest of the child for the person to attend a specific event and authorizes the attendance at the event, a person may not enter into a school building or upon school grounds pursuant to this paragraph if he or she is required to register for a conviction in a court in this state or a federal or military court of a violation of Section 243.4, 261, 286, 288, 288.5, 288a, or 289, Section 209 with the intent to violate Section 261, 286, 288, 288a, or 289, subdivision (b) or (c) of Section 236.1, any offense involving lewd or lascivious conduct under Section 272, a felony violation of Section 288.2, or a violation of subdivision (c) of Section 653f.
(4) A registered sex offender may enter a polling place located in a school building or on school grounds for the purpose of voting in an election.
(5) For the purpose of this subdivision, “supervised” means that the registered sex offender is in view of the school employee.
(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) This section shall not preclude or prohibit prosecution under any other provision of law.
(e) The prohibitions of this section shall not apply to any pupil who is registered as a sex offender for an offense committed as a juvenile.

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.