California Assembly Bill AB307 Amended / Bill

 BILL NUMBER: AB 307AMENDED BILL TEXT AMENDED IN SENATE AUGUST 20, 2009 AMENDED IN SENATE JUNE 24, 2009 AMENDED IN SENATE JUNE 10, 2009 AMENDED IN ASSEMBLY MARCH 23, 2009 INTRODUCED BY Assembly Member Cook  (   Principal coauthor:   Senator   Leno   )   (  Coauthor:   Senator   Benoit   )  FEBRUARY 17, 2009  An act to add Section 653.5 to the Penal Code, relating to business licenses.   An act to amend Section 290.95 of the Penal Code, relating to sex offenders, and declaring the urgency thereof, to take effect immediately.  LEGISLATIVE COUNSEL'S DIGEST AB 307, as amended, Cook. Sex offenders:  ice cream truck operation.   working with minors.   Under existing law, a person required to register as a sex offender who applies for or accepts a position as an employee or volunteer with any person, group, or organization where he or she would be working directly and in an unaccompanied setting with minor children on a regular basis, is required to disclose his or her registrant status, as specified. Existing law also prohibits a person required to register as a sex offender because of a conviction for a crime where the victim was a minor under 16 years of age from being an employer, employee, or independent contractor, or acting as a volunteer with any person, group, or organization in a capacity in which the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or from having supervision or disciplinary power over minor children. A violation of these provisions is a misdemeanor.   This bill would specify that "working directly and in an unaccompanied setting" includes, but is not limited to, providing goods or services to minors. Because the bill would change the scope of an existing crime, it would impose a state-mandated local program.   Existing law requires persons convicted of specified sex offenses to register with local law enforcement authorities and update that registration, as specified. A willful violation of these registration requirements is punishable as a misdemeanor or as a felony, as specified. Existing law requires that persons who are subject to registration be informed of their duty to register upon release from incarceration or confinement in a hospital, as specified.   This bill would make it a misdemeanor for any person who is required to register as a sex offender because of a conviction for a crime in which the victim was under 16 years of age to engage in ice cream truck vending, as defined. Because the bill would create a new crime, it 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.  This bill would declare that it is to take effect immediately as an urgency statute.  Vote:  majority   2/3  . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 290.95 of the   Penal Code   is amended to read:  290.95. (a) Every person required to register under Section 290, who applies  for  or accepts a position as an employee or volunteer with any person, group, or organization where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children, shall disclose his or her status as a registrant, upon application or acceptance of a position, to that person, group, or organization. (b) Every person required to register under Section 290 who applies for or accepts a position as an employee or volunteer with any person, group, or organization where the applicant would be working directly and in an accompanied setting with minor children, and the applicant's work would require him or her to touch the minor children on more than an incidental basis, shall disclose his or her status as a registrant, upon application or acceptance of the position, to that person, group, or organization. (c) No person who is required to register under Section 290 because of a conviction for a crime where the victim was a minor under 16 years of age shall be an employer, employee, or independent contractor, or act as a volunteer with any person, group, or organization in a capacity in which the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children. This subdivision shall not apply to a business owner or an independent contractor who does not work directly in an unaccompanied setting with minors.  (d) For purposes of this section, "working directly and in an unaccompanied setting" includes, but is not limited to, providing goods or services to minors.   (d)   (e)  A violation of this section is a misdemeanor punishable by imprisonment in a county jail for not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, and a violation of this section shall not constitute a continuing offense.  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.   SEC. 3.   This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:   In order for public safety officials to clarify the scope of the prohibition on specified sex offenders working in an unaccompanied setting with minors, it is necessary for this legislation to take effect immediately.   SEC. 1.   Section 653.5 is added to the Penal Code, to read: 653.5. (a) Any person required to register as a sex offender pursuant to Chapter 5.5 (commencing with Section 290) of Title 9 of Part 1, the Sex Offender Registration Act, because of a conviction for a crime that involved a victim who was under 16 years of age, who engages in retail ice cream truck vending, is guilty of a misdemeanor. (b) As used in this section, "ice cream truck" shall have the same meaning as the term is defined in subdivision (c) of Section 22456 of the Vehicle Code. (c) For purposes of this section, "ice cream truck vending" shall include the selling, displaying, or offering to sell any item specified in subdivision (c) of Section 22456 of the Vehicle Code from an ice cream truck.   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.