PRODUCT OF: THE CALIFORNIA STATE SENATE GOPHER SERVICE SB 295 Community care facilities: registered sex offende BILL NUMBER: SB 295 AMENDED 04/20/95 BILL TEXT AMENDED IN SENATE APRIL 20, 1995 AMENDED IN SENATE MARCH 13, 1995 INTRODUCED BY Senator Peace FEBRUARY 9, 1995 An act to add Section 1522.01 to the Health and Safety Code, and to amend Section 290.4 of the Penal Code, relating to community care facilities. LEGISLATIVE COUNSEL'S DIGEST SB 295, as amended, Peace. Community care facilities: registered sex offenders. (1) Existing law prohibits community care facilities from operating without a valid license or special permit issued by the State Department of Social Services. Under existing law the department is required, before issuing a license or special permit to any person or persons to operate a community care facility, to secure a criminal record of certain persons, residing in, or having client contact at, the facility, excluding clients of the facility. A violation of the provisions governing licensure and regulation of community care facilities is punishable as a misdemeanor. This bill would require any person who is required to be registered as a sex offender, to disclose this fact to the operator of a community care facility upon becoming a client of that facility. This bill would require any person or persons operating a community care facility that accepts as a client an individual who is required to be registered as a sex offender to disclose this fact, as well as the name of the individual, to any person who inquires whether any client of the facility is a registered sex offender. By requiring persons operating community care facilities to disclose this information for which a failure to do so would be punishable as a misdemeanor {+ and by prohibiting certain uses of the information to be disclosed +} , this bill would change the definition of a crime thereby imposing a state-mandated local program. {+ The bill would impose certain prescribed criminal and civil penalties for persons who use the information disclosed pursuant to these provisions to commit a felony, misdemeanor, or for certain other unauthorized purposes. The bill would provide for the civil and criminal penalty money to be transferred to the Community Care Licensing Division of the department upon appropriation by the Legislature. +} (2) Under existing law, persons who have been convicted of certain sex offenses or other crimes committed as a result of sexual compulsion or for purposes of sexual gratification are required to register with state and local police authorities. Under existing law, the Department of Justice operates a "900" telephone number for members of the public to call and inquire whether a named individual is a registered sex offender. Existing law prohibits the use of this information other than for described purposes. This bill would add to the list of authorized uses of registered sex offender information, disclosures to persons inquiring whether any clients of community care facilities are registered sex offenders in accordance with the provisions of the bill. This bill would also delete a reference to an obsolete provision of law. (3) 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. SECTION 1. Section 1522.01 is added to the Health and Safety Code, to read: 1522.01. (a) Any person who is required to be registered as a sex offender under Section 290 of the Penal Code shall disclose this fact to the operator of a community care facility upon becoming a client of that facility. (b) Any person or persons operating a community care facility pursuant to this chapter that accepts as a client an individual who is required to be registered as a sex offender under Section 290 of the Penal Code, shall disclose this fact , as well as the name of the individual, to any person who inquires whether any client of the facility is a registered sex offender. {+ (c) Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to, any other punishment, by a five-year term of imprisonment in the state prison. (d) Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (e) Except as authorized under another provision of law, or to protect a child, use of any of the information disclosed pursuant to this section for any of the following purposes is prohibited: (1) Health insurance. (2) Insurance. (3) Loans. (4) Credit. (5) Employment. (6) Education, scholarships, or fellowships. (7) Benefits, privileges, or services provided by any business establishment. (8) Housing or accommodations. (f) Any use of information disclosed pursuant to this section for purposes other than those provided by subdivisions (a) and (b) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney's fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000). (g) Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information disclosed pursuant to this section, the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse of that information is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code. (h) The civil and criminal penalty money collected pursuant to this section shall be transferred to the Community Care Licensing Division of the State Department of Social Services, upon appropriation by the Legislature. +} SEC. 2. Section 290.4 of the Penal Code is amended to read: 290.4. (a) (1) The Department of Justice shall continually compile information as described in paragraph (2) regarding any person required to register under Section 290 for a conviction of Section 261 if the victim is a minor, or Section 266 or 267, subdivision (b) or (c) of Section 286, Section 288, paragraph (2) of subdivision (b) or subdivision (c) of Section 288a, Section 288.5, subdivision (i) or (j) of Section 289, Section 647.6, or the statutory predecessor of any of these offenses. This requirement shall not be applied to a person whose duty to register has been terminated pursuant to paragraphs (6) and (7) of subdivision (d) of Section 290, or to a person who has been relieved of his or her duty to register under Section 290.5. (2) The information shall include the names of these persons categorized by community of residence and ZIP Code. The information shall include a physical description and criminal history and the address of these persons. (3) The department shall operate a "900" telephone number that members of the public may call and inquire whether a named individual is listed among those described in this subdivision. The caller shall furnish his or her first name, middle initial, and last name. The department shall ascertain whether a named person reasonably appears to be a person so listed and provide the caller with the information described in paragraph (2), except the department shall not disclose the address or criminal history of a person listed, except to describe the specific crimes for which the registrant was required to register. The department shall decide whether the named person reasonably appears to be a person listed, based upon information from the caller providing information that shall include (A) an exact street address, including apartment number, social security number, California driver's license or identification number, or birth date along with additional information that may include any of the following: name, hair color, eye color, height, weight, distinctive markings, ethnicity; or (B) any combination of at least six of the above listed characteristics if an exact birth date or address is not available. If three of the characteristics provided include ethnicity, hair color, and eye color, a seventh identifying characteristic shall be provided. Any information identifying the victim by name, birth date, address, or relation to the registrant shall be excluded by the department. (4) (A) The income from the operation of the "900" number shall be deposited in the Sexual Predator Public Information Account, which is hereby established within the Department of Justice for the purpose of the implementation of this section by the Department of Justice, including all actual and reasonable costs related to establishing and maintaining the information described in subdivision (a) and the subdirectory described in this subdivision. (B) The moneys in the Sexual Predator Public Information Account shall consist of income from the operation of the "900" telephone number program authorized by this section, proceeds of the loan made pursuant to Section 6 of the act adding this section, and any other funds made available to the account by the Legislature. Moneys in the account shall be available to the Department of Justice upon appropriation by the Legislature for the purpose specified in subparagraph (A). (C) When the "900" number is called, a preamble shall be played before charges begin to accrue. The preamble shall run at least the length of time required by federal law and shall provide the following information: (i) Notice that the caller's telephone number will be recorded. (ii) The charges for use of the "900" number. (iii) Notice that the caller is required to identify himself or herself to the operator. (iv) Notice that the caller is required to be 18 years of age or older. (v) A warning that it is illegal to use information obtained through the "900" number to commit a crime against any registrant or to engage in illegal discrimination or harassment against any registrant. (vi) Notice that the caller is required to have the birth date, California driver's license or identification number, social security number, or address or other identifying information regarding the person about whom information is sought in order to achieve a positive identification of that person. (vii) A statement that the number is not a crime hotline and that any suspected criminal activity should be reported to local authorities. (viii) A statement that the caller should have a reasonable suspicion that a child is at risk. (D) The Department of Justice shall expend no more than six hundred thousand dollars ($600,000) per year from any moneys appropriated by the Legislature from the account. (b) (1) The Department of Justice shall maintain a subdirectory of persons described in subdivision (a) who are deemed by the department to be sexual habitual offenders and a threat to the public safety. The subdirectory shall include a photograph of the offender along with the following information, if available: name, physical description, age, and distinctive markings. The subdirectory shall not include the exact address or the criminal history of the person listed, except to describe the specific crimes for which the registrant was required to register. (2) The subdirectory shall be organized by county and ZIP Code. (3) A copy of the subdirectory shall annually be distributed to the offices of county sheriffs and police departments for purposes of public access. (4) County sheriff's and police departments may require that a person express an articulable purpose in order to have access to the subdirectory. (5) Any information identifying the victim by name, birthdate, address, or relation to the registrant shall be excluded from the subdirectory distributed for purposes of public access. (c) (1) Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to, any other punishment, by a five-year term of imprisonment in the state prison. (2) Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (d) Any person who makes a photocopy of any part of the subdirectory of sexual habitual offenders is guilty of a misdemeanor, punishable by imprisonment in the county jail not to exceed six months or by a fine not exceeding one thousand dollars ($1,000), or by both. This subdivision shall not apply to a law enforcement officer who makes a photocopy as part of his or her official duties in the course of a criminal investigation or court case. (e) Unauthorized removal of the subdirectory of sexual habitual offenders from the offices of county sheriffs or any police department is a misdemeanor, punishable by imprisonment in the county jail not to exceed one year or by a fine not exceeding one thousand dollars ($1,000), or by both. (f) (1) A person is authorized to use information disclosed pursuant to this section only to protect a child at risk. Authorized use includes, but is not limited to, either of the following: (A) A person in a position of authority or special trust who by reason of that position is able to exercise undue influence over a minor. A position of authority includes, but is not limited to, a natural parent, adoptive parent, stepparent, foster parent, relative, household member, adult youth leader, recreational director who is an adult, adult athletic manager, adult coach, teacher, counselor, religious leader, doctor, or employer. (B) A person possessing a license or holding an employment or volunteer position with supervisory or disciplinary power over a minor or any person under his or her care, a person who supervises a slumber party, or a babysitter. This act shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 226.55 of the Civil Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code. (2) Except as authorized under another provision of law, use of any of the following information disclosed pursuant to this section is prohibited: (A) Health insurance. (B) Insurance. (C) Loans. (D) Credit. (E) Employment, except as specified in paragraph (1) of subdivision (f). (F) Education, scholarships, or fellowships. (G) Housing or accommodations. (H) Benefits, privileges, or services provided by any business establishment. (3) (A) Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) of subdivision (f) or in violation of paragraph (2) of subdivision (f) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney's fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000). (B) Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the "900" number in violation of paragraph (2) of subdivision (f), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse of that number is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code. (g) This section shall not be deemed to authorize the publication, distribution, or disclosure of the address of any person about whom information can be published, distributed, or disclosed pursuant to this section. (h) The Department of Justice shall submit to the Legislature an annual report on the operation of the "900" telephone number required by paragraph (3) of subdivision (a) on July 1, 1996, July 1, 1997, and July 1, 1998. The annual report shall include all of the following: (1) Number of calls received. (2) Amount of income earned per year through operation of the "900" telephone number. (3) A detailed outline of the amount of money expended and the manner in which it was expended for purposes of this section. (4) Number of calls that resulted in an affirmative response and the number of calls that resulted in a negative response with regard to whether a named individual was listed pursuant to subdivision (a). (5) Number of persons listed pursuant to subdivision (a). (6) A summary of the success of the "900" telephone number program based upon selected factors. (i) The "900" telephone number program authorized by this section shall terminate operation on January 1, 1998. (j) This section shall become operative on July 1, 1995, and shall become inoperative on January 1, 1999, and as of that date is repealed unless a later enacted statute, which becomes effective on or before January 1, 1999, deletes or extends the dates on which it becomes inoperative and is repealed. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution. Searching keywords: (statusam) (authorPeace) (Problems/Comments mail to: Gopher.Admin@SEN.CA.GOV) .