Today's Law As Amended

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



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  for the duration of the time he or she is required to register, who enters  any school building or upon any school ground grounds  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) 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.
(b) (2)  (1) A  The chief administrative official of a school may grant a    person who is subject to this section and not a family member of a  subdivision (a) and who has the right to make educational decisions for 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  the school may enter 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. 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) 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.
(2) (4)  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. 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) Nothing in this  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.