BILL NUMBER: AB 307	AMENDED
	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.