California Assembly Bill AB493 Amended / Bill

 BILL NUMBER: AB 493AMENDED BILL TEXT AMENDED IN SENATE JANUARY 4, 2012 AMENDED IN ASSEMBLY MAY 27, 2011 AMENDED IN ASSEMBLY APRIL 28, 2011 AMENDED IN ASSEMBLY MARCH 21, 2011 INTRODUCED BY Assembly Member Perea  (   Coauthors:   Assembly Members   Garrick,     Hagman,     Jeffries,     Mendoza,     Portantino,     and Solorio   )   (   Coauthor:   Senator   Runner   )  FEBRUARY 15, 2011 An act to add  Section 10072.5   Sections 290.96 and 3003.6 to the Penal Code, and to add Sections 10613.3 and 10613.4  to the Welfare and Institutions Code, relating to  public social services   registered sex offenders  . LEGISLATIVE COUNSEL'S DIGEST AB 493, as amended, Perea.  Electronic benefits transfer cards: use restrictions.   Registered sex offenders: community care facilities.   Existing law, the Sex Offender Registration Act, requires persons convicted of specified sex offenses to register with local authorities for life while residing, located, attending school, or working in California. Willful failure to register, as required, is a misdemeanor, or a felony, depending on the underlying offense. Existing law provides for the licensing and regulation of various community care and child care facilities by the State Department of Social Services.   This bill would prohibit a person required to register under the act from residing, except as specified, working, or volunteering in specified homes or facilities licensed by the State Department of Social Services or a county child welfare services agency, as specified. Violation of this prohibition would be a misdemeanor.   This bill would require specified officials who register a person under the act to make a specified determination regarding the registration, notify the person when his or her registered residence or place of employment would be prohibited by the bill, and take appropriate law enforcement action, or make a specified notification, if the person registers at a prohibited residence or place of employment.   This bill would also require the State Department of Social Services to provide specified public officers and persons or entities that register a person who is required to register with the addresses of, among other things, homes or facilities that serve children under 18 years of age and that are licensed by the department or a county child welfare agency.   This bill would create a new crime and impose additional duties upon local officials, thereby creating 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.   Existing law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program, under which each county provides cash assistance and other benefits to qualified low-income families.   Existing law provides for the federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, under which nutrition assistance benefits are provided to the state by the federal government and are distributed to eligible households by each county. California's SNAP program is known as CalFresh.   Existing law authorizes a county to elect to deliver CalWORKs and SNAP benefits through the use of an electronic benefits transfer (EBT) system. Existing law specifies criteria for the development and administration of the EBT system, including issuance to a recipient of an EBT card.   This bill would require the EBT system to prevent use of EBT cards by recipients to access automated teller machines located in gambling establishments and adult entertainment establishments, except to the extent prohibited by federal law. The bill would specify that it would not be construed to prohibit the use of an EBT card to access SNAP benefits, as authorized by federal law.   This bill would impose additional duties on counties administering the CalWORKs program with respect to EBT card issuance and use, thereby imposing 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 these statutory provisions.  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 290.96 is added to the   Penal Code   , to read:   290.96. A county sheriff, a chief of police of a city or a campus of the University of California, the California State University, or community college, or any other person or entity that registers a person required to register pursuant to the Sex Offender Registration Act (Sections 290 to 290.023, inclusive) shall, at the time of registration, do all of the following: (a) Determine whether the person required to register under the Sex Offender Registration Act is registering at a residence or place of employment that is prohibited by Section 3003.6, by using the information provided under Section 10613.3 of the Welfare and Institutions Code and any additional information available for this purpose. (b) Notify the person required to register under the Sex Offender Registration Act when his or her registered residence or place of employment would be prohibited by Section 3003.6. (c) Take appropriate law enforcement action if it has jurisdiction or notify an appropriate law enforcement entity with jurisdiction if, after being notified under subdivision (b), the person registers at a residence or place of employment that is prohibited by Section 3003.51.   SEC. 2.   Section 3003.6 is added to the   Penal Code   , to read:   3003.6. (a) A person required to register under the Sex Offender Registration Act (Sections 290 to 290.023, inclusive) shall not reside, except as a client, and shall not work or volunteer, in any of the following: (1) A home or facility that serves children under 18 years of age and that is licensed by the State Department of Social Services or a county child welfare services agency as a community care facility, a child day care facility, a day care center, a family day care home, or a similar home or facility. (2) A certified home of a foster family agency. (3) A home or facility that receives a placement of a child who has been, or may be, declared a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code. (b) A person who violates subdivision (a) is guilty of a misdemeanor. (c) A court may waive the prohibition in subdivision (a) if both of the following are true: (1) The residence is that of a noncustodial parent, a relative, or a nonrelative extended family member who receives a placement of a child who has been, or may be, declared a dependent child of the juvenile court under Section 300 of the Welfare and Institutions Code. (2) The court makes a finding that the placement of the child in the residence is in the best interest of the child.   SEC. 3.   Section 10613.3 is added to the   Welfare and Institutions Code   , to read:   10613.3. The State Department of Social Services shall provide to each county sheriff, each chief of police of a city or a campus of the University of California, the California State University, or community college, and every other person or entity that registers a person required to register under the Sex Offender Registration Act (Sections 290 to 290.023, inclusive, of the Penal Code) the addresses of all of the following within the jurisdiction of the sheriff, chief of police, or other person or entity: (a) Each community care facility, child day care facility, day care center, family day care home, or similar home or facility that serves children under 18 years of age and that is licensed by the State Department of Social Services or a county child welfare agency. (b) Each home certified by a foster family agency. (c) Each home or facility whose address is not otherwise provided under subdivision (a) or (b) that has been approved to receive a placement of a child who has been, or may be, declared a dependent child of the juvenile court under Section 300.   SEC. 4.   Section 10613.4 is added to the   Welfare and Institutions Code   , to read:   10613.4. (a) Peace officers from the State Department of Social Services shall, no less frequently than each calendar quarter, compare the residence and employment addresses of persons required to register under the Sex Offender Registration Act (Sections 290 to 290.023, inclusive, of the Penal Code) against the addresses of all of the following: (1) Each community care facility, child day care facility, day care center, family day care home, or similar home or facility that serves children under 18 years of age and that is licensed by the department or a county child welfare agency. (2) Each home certified by a foster family agency. (3) Each home or facility that has been approved to receive a placement of a child who has been, or may be, declared a dependent child of the juvenile court under Section 300. (b) If peace officers from the department determine that an address specified in paragraphs (1) to (3), inclusive, of subdivision (a) matches the residence or employment address of a person required to register under the Sex Offender Registration Act the department shall take appropriate action as authorized by law to further the purposes of Section 3003.6 of the Penal Code.   SEC. 5.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.   However, if the Commission on State Mandates determines that this act contains other 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.   SECTION 1.   Section 10072.5 is added to the Welfare and Institutions Code, to read: 10072.5. (a) Except to the extent prohibited by federal law, the electronic benefits transfer system designed and implemented pursuant to this chapter shall prevent a recipient from using theelectronic benefits transfer card to access automated teller machines located in gambling establishments and adult entertainment establishments. (b) Nothing in this section shall be construed to prohibit the use of an electronic benefits transfer card to access federal Supplemental Nutrition Assistance Program (SNAP) benefits in any manner authorized by federal law.   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.