California Assembly Bill AB575 Latest Draft

 BILL NUMBER: AB 575AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 4, 2010 INTRODUCED BY Assembly Member Torres FEBRUARY 25, 2009 An act to add Section 647.8 to the Penal Code, relating to sex offenders. LEGISLATIVE COUNSEL'S DIGEST AB 575, as amended, Torres. Sex offenders: restrictions. Existing law makes it unlawful for a person who is required to register as a sex offender to reside within 2,000 feet of a public or private school, or park where children regularly gather. Existing law also provides that any person required to register as a sex offender who comes into any school building or upon any school ground without lawful business and written permission is guilty of a misdemeanor. This bill would make it a misdemeanor for  a sex offender   certain high-   risk sex offenders  , except in limited instances, to be physically present and delay, linger, or idle about within  300   100  feet of a sensitive use site, as defined. For purposes of those provisions, a sensitive use site would include specified places where children gather, including  arcades,  bus stops, child care centers,  children's retail stores, community centers, cultural centers, cyber cafes, health clubs providing childcare services, movie theaters, museums,  sports centers, and schools. By creating a new 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. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 647.8 is added to the Penal Code, to read: 647.8. (a) For purposes of this section, the following definitions apply:  (1) "Arcade" means any of the following:   (A) Any establishment frequented by children that provides more than five video or electronic games, including computer games, that require coins, tokens, or any other form of payment to play.   (B) Any establishment frequented by children providing amusement facilities, which include, but are not limited to, pinball machines, shooting galleries, or electronic or video type skill games.   (C) Any business frequented by children at which amusement rides are offered.   (D) Any business frequented by children providing a billiard room or coin actuated machine including, but not limited to, electronic game machines, machines vending any goods, wares, or merchandise operated by coins.   (2)   (1)  "Bus stop" means a location designated for the regularly scheduled boarding and departing of bus passengers for bus service offered to children attending school or to the general public.  (3)   (2)  "Child" or "children" or "youth" means a person or persons under 18 years of age.  (4)   (3)  "Child care center" means any of the following: (A) A "day care center" as defined in Section 1596.76 of the Health and Safety Code. (B) A "child care and development facility" as defined in Section 8208 of the Education Code. (C) A facility that provides nonmedical care and supervision of children, including infants, toddlers, preschoolers, and schoolage children for a period of not less than 24 hours, consecutively, and that is required to be licensed by the State Department of Social Services.  (5) "Children's retail store" means an establishment or place of business dedicating at least 80 percent of floor space to consumer items directed at children, such as children's toys, clothing, shoes, eyewear, hats, jewelry and fashion accessories, books, hobby or special interest items, games, musical instruments, sporting goods, bicycles, scooters, music, recordings, dance supplies, art and art supplies, candy, and other similar items directed toward children.   (6) "Community center" or "cultural center" means a multipurpose meeting or recreational facility, typically consisting of one or more meeting or multipurpose rooms, kitchen, or outdoor barbecue facilities that are available for use by various groups for activities such as meetings, parties, receptions, and dances.   (7) "Cyber cafe" means an establishment frequented by children that provides more than four computers or other electronic devices for access to the Internet, e-mail, video games, or computer software programs, which are networked via LAN or WAN, and that functions as a client/server program and that seeks compensation in any form from users. Cyber cafe is synonymous with PC cafe, Internet cafe, or cyber center.   (8) "Health club providing childcare services" means facilities that provide for sport, exercise, and health-related activities, group classes, and personal instruction and training, and childcare for children of patrons while using the facilities. Additional facilities may include a pool, spa, sauna, tennis courts, racquetball or handball courts, and weight and exercise equipment. Additional uses may include retail sales of exercise clothing, accessories, food and beverages, and membership sales. This definition does not include facilities that provide yoga, Pilates, or similar type of studio activities.   (9) "Movie theater" means an establishment designed for the showing of motion pictures. Additional uses may include the sale of concession food items and nonalcoholic beverages.   (10) "Museum" means public or quasi-public facilities, such as aquariums, arboretums, art exhibitions, botanical gardens, historical sites, and exhibits that can be viewed by the public. Accessory uses include such uses as restaurants, cafeterias, and gift shops.   (11)   (4)  "Nontraditional school" means any of the following: (A) A public or private preschool. (B) A Montessori school. (C) A home school that has filed an affidavit or statement with the Superintendent of Public Instruction for the current year pursuant to Section 33190 of the Education Code and that provides regularly scheduled home schooling to children as an alternative to their attendance at other public or private schools. (D) A school approved by the state as a charter school.  (12)   (5)  "Rail station" means a location designated for the regularly scheduled boarding and departing of rail passengers for rail-based transportation service offered to children attending school or to the general public.  (13)   (6)  "Sensitive use site" means any location defined in paragraphs (1) to  (12)   (5)  , inclusive, and  (16) to (20)   (9) to (11)  , inclusive, of this subdivision.  (14)   (7)  "Sensitive use site parcel boundary" means the legal boundary of the parcel or parcels occupied by the sensitive use site, regardless of whether the site occupies the entire parcel or any portion thereof.  (15) "Sex offender" means any person for whom registration is required pursuant to the Sex Offender Registration Act, regardless of whether that person is on parole or probation.   (8) "Sex offender" means a person required to register pursuant to the Sex Offender Registration Act, who has been convicted of an offense under Section 261, 269, 286, 288, or 289 where the victim is a child under the age of 14 years, and who has been placed on intensive and specialized parole supervision pursuant to Section 3008 because the person is deemed to pose a high risk to the public of committing sex crimes, as determined by the State-Authorized Risk Assessment Tool for Sex Offenders, as set forth in Sections 290.04 to 290.06, inclusive.   (16)   (9)  "Sports center" means  any of the following:   (A)     A   a  location designed for accommodating sports or recreational activities that is frequented by children, seasonally or otherwise, including, but not limited to, playgrounds, skate parks, baseball fields, basketball courts, tennis courts, soccer fields, swimming facilities, karate studios, dance or ballet studios, and other sports or recreational facilities frequented by children regardless of whether that location is publicly or privately owned. Facilities open to members of a common interest development or homeowners association in which that facility exists shall be considered a sensitive use site. All other facilities open to the general public not otherwise addressed in this definition  of sports center  that are located in residential zones not open to the general public shall not be included in this definition of sports center.  (B) A facility frequented by children that provides a wide range of recreational activities including, but not limited to, roller or ice rinks, skateboard, miniature golf, golf course, golf driving range, batting cages, go carts, and rock climbing. Additional uses at the facility, including food concessions and retail sales of items related to the activity, such as clothing and accessories and sundries, are intended to be part of the definition and scope of sports center. Facilities open to members of a common interest development or homeowners association in which such a facility exists shall be considered a sensitive use site. Facilities located within residential zones and not open to the general public shall not be included in the definition of sports center.   (17) "Studio" means small-scale facilities that typically provide for the teaching or tutoring of children including, but not limited to, the arts, music, drama, production, rehearsal, dance instruction, photography instruction, and the processing of photographs produced by users of the studio facilities, martial arts training, or gymnastics instruction. This definition does not include larger facilities such as a learning center.   (18)   (10)  "Traditional school" means any of the following: (A) A private school that provides education from kindergarten through grade 12 and that is not affiliated with a local school district. (B) A public school providing instruction from kindergarten through grade 12. (C) A community college, technical school, public or private college, university, or professional school granting associate arts degrees, certificates, and undergraduate and graduate degrees.  (19) "Tutoring center" or "learning center" means either of the following:   (A) A location at which a public or private organization offers regularly scheduled tutoring and or educational instruction to children for purposes of supplementing the regular school instruction of children.   (B) An establishment that provides for the teaching or tutoring of schoolaged children in general or specific academic subjects on an individual basis or in groups, and that is not affiliated with a public or private school. These services are intended to supplement normal school teachings and are not intended to replace or substitute for public or private school.   (20)   (11)  "Youth center" means a location at which a public or private organization provides mentorship, educational, or recreational programs to children on a regularly scheduled basis for purposes of social, educational, artistic, athletic, or community enrichment. Examples of youth centers include, but are not limited to, Boys and Girls Club facilities and YMCA facilities. (b) Except as provided in subdivision  (f)  (e)  , it is unlawful for any sex offender  , as defined in paragraph (8) of subdivision (a),  to be physically present and delay, linger, or idle about within  300   100  feet of any sensitive use site, as defined in subdivision (a). (c) In determining whether a particular point is within  300   100  feet of any sensitive use site, distances shall be measured in a direct straight line from any point of the boundary of the legal parcel on which the sensitive use site is located. (d) A violation of this section is a misdemeanor, punishable by imprisonment in the county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both imprisonment and a fine. A person is guilty of a separate offense for each day during which a violation occurs.  (e) This section applies to every person who has been convicted of an offense requiring registration pursuant to the Sex Offender Registration Act, regardless of the person's probationary status, parole status, or dates of conviction or release from jail, prison, or confinement.   (f)   (e)  The provisions of this section shall not apply in any of the following instances: (1) The sex offender is a minor and he or she is present within  300   100  feet of a sensitive use site while accompanied by a parent or legal guardian. (2) The sex offender is present within 300-feet   100 feet  of a sensitive use site only because he or she is traveling, whether on foot, by car, or by other means to or from a destination  beyond the 300-foot   outside of the 100-foot  area, and his or her presence within the  300-foot   100-foot  area is temporary and incidental to that travel. (3) The sex offender is present within  300   100  feet of a sensitive use site only because he or she is accompanying a related minor to that site and only for so long as is necessary to provide care or supervision to the related minor. As used in this paragraph, "related minor" means a minor to whom the sex offender is the legal parent or guardian. (4) The sex offender reasonably does not know that he or she is present within  300   100  feet of a sensitive use site, provided that he or she immediately takes steps to move  beyond that 300 foot   outside of that 100-foot  area upon learning or being notified of the existence of the sensitive use site. (5) The sex offender is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion at a place of worship or freedom of speech or the right of assembly at a traditional public forum. (6) The sex offender is present within  300   100  feet of a sensitive use site only because he or she is traveling, whether on foot, by car, or by other means, to or from his or her place of employment for employment purposes. (7) The sex offender is present within  300   100  feet of a sensitive use site only because he or she is traveling, whether on foot, by car, or by other means, to or from a medical facility, such as a hospital or doctor's office for a legitimate and verifiable medical appointment. 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.