California Senate Bill SB160 Amended / Bill

 BILL NUMBER: SB 160AMENDED BILL TEXT AMENDED IN SENATE APRIL 8, 2013 INTRODUCED BY Senators Lara and De Len FEBRUARY 1, 2013 An act to  amend Section 44010 of, and to  add Section 45304.5  to   to,  the Education Code, relating to classified school employees. LEGISLATIVE COUNSEL'S DIGEST SB 160, as amended, Lara. Classified school employees:  child abuse investigations   misconduct against a child  : statewide tracking. Existing law requires the governing board of a school district to place a classified employee on a compulsory leave of absence in specified circumstances, including, among other circumstances, if the employee is charged by complaint, information, or indictment filed in a court of competent jurisdiction with the commission of a sex offense, as defined. This bill would require a school district  or charter school  to notify the  state board   State Department of Education  when a classified employee of the school district  separates from employment with the district during the course of an investigation for child abuse, as defined in Section 11165.6 of the Penal Code, in which no arrest or conviction has been made   or charter school is dismissed, resigns, is suspended, retires, or is terminated from employment as a result of misconduct against a child, as specified  , thereby imposing a state-mandated local program. The bill would require the  state board to keep a centralized list of these notifications and make the list available to all school districts   department, upon request by a school district or charter school, to provide that information for purposes of verifying previous employment of a classified employee  .  The bill would make a conforming change and nonsubstantive changes.  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 44010 of the   Education Code   is amended to read:  44010. "Sex offense," as used in Sections 44020, 44237, 44346, 44425, 44436, 44836,  and  45123  , and 45304.5  , means any  one or more  of the offenses listed below: (a)  Any   An  offense defined in Section 220, 261, 261.5, 262, 264.1, 266, 266j, 267, 285, 286, 288, 288a, 288.5, 289, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 313.1, 647b, 647.6, or former Section 647a, subdivision (a), (b), (c), or (d) of Section 243.4, or subdivision (a) or (d) of Section 647 of the Penal Code. (b)  Any   An  offense defined in former subdivision (5) of former Section 647 of the Penal Code repealed by Chapter 560 of the Statutes of 1961, or  any   an  offense defined in former subdivision (2) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961, if the offense defined in those sections was committed  prior to   before  September 15, 1961, to the same extent that an offense committed  prior to   before  that date was a sex offense for the purposes of this section  prior to   before  September 15, 1961. (c)  Any   An  offense defined in Section 314 of the Penal Code committed on or after September 15, 1961. (d)  Any   An  offense defined in former subdivision (1) of former Section 311 of the Penal Code repealed by Chapter 2147 of the Statutes of 1961 committed on or after September 7, 1955, and  prior to   before  September 15, 1961. (e) Any   An  offense involving lewd and lascivious conduct under Section 272 of the Penal Code committed on or after September 15, 1961. (f)  Any   An  offense involving lewd and lascivious conduct under former Section 702 of the Welfare and Institutions Code repealed by Chapter 1616 of the Statutes of 1961, if that offense was committed  prior to   before  September 15, 1961, to the same extent that an offense committed  prior to   before  that date was a sex offense for the purposes of this section  prior to   before  September 15, 1961. (g)  Any   An  offense defined in Section 286 or 288a of the Penal Code  prior to   before  the effective date of the amendment of either section enacted at the 1975-76 Regular Session of the Legislature committed  prior to   before  the effective date of the amendment. (h)  Any   An  attempt to commit any of the offenses specified in this section. (i)  Any   An  offense committed or attempted in  any other   another  state or against the laws of the United States  which   that  , if committed or attempted in this state, would have been punishable as one or more of the offenses specified in this section. (j)  Any   A  conviction for an offense resulting in the requirement to register as a sex offender pursuant to Section 290 of the Penal Code. (k) Commitment as a mentally disordered sex offender under former Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of the Welfare and Institutions Code, as repealed by Chapter 928 of the Statutes of 1981.  SECTION 1.   SEC. 2.  Section 45304.5 is added to the Education Code, to read: 45304.5. (a) A school district  or charter school, within 30 days of one of the following actions,  shall notify the  state board   department  when a classified employee of the school district  separates from employment with the district during the course of an investigation for child abuse, as defined in Section 11165.6 of the Penal Code, in which no arrest or conviction has been made   or charter school is dismissed, resigns, is suspended, retires, or is terminated from employment as a result of misconduct against a child  . (b) The  state board   department  shall keep  a centralized list of the notifications   the information  provided pursuant to subdivision (a)  and make the list available to all school districts   and, upon request by a school district or charter school, provide that information for purposes of verifying previous employment for a classified employee  .  (c) For purposes of this section, "misconduct against a child" means any of the following:   (1) A sex offense, as specified in Section 44010.   (2) Aiding or abetting the unlawful sale to, use by, or exchange to, minors of a controlled substance included in Schedule I, II, or III, as listed in Section 11054, 11055, or 11056 of the Health and Safety Code, respectively.   (3) An offense specified in Sections 11165.2 to 11165.6, inclusive, of the Penal Code.   SEC. 2.   SEC. 3.  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.