California 2011-2012 Regular Session Status: Passed Assembly 1 D cosponsors

AB 493 — Registered sex offenders: community care facilities.

Last action — In committee: Held under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

(1) 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, among other places, foster homes or facilities licensed by the State Department of Social Services or a county child welfare services agency. Violation of this prohibition would be a misdemeanor. The bill would also authorize a juvenile court to waive this prohibition if the residence involved is that of a noncustodial parent, relative, or nonrelative extended family member who receives the placement of a child who is or may be declared a dependent of the court and the court finds that placing the child in that residence is in the child's best interest. 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, including notifying the county child welfare agency and the Department of Social Services, as specified, if the person registers at a prohibited residence or place of employment. This bill would require the State Department of Social Services to, by January 1, 2014, provide specified public officers and persons or entities that register a person who is required to register with the addresses or other equivalent data of, among other things, foster 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 also require specified investigators of the State Department of Social Services to compare the residence and employment addresses of persons required to register under the act against the addresses of certain facilities, including, among others, foster homes or facilities licensed by the department or a county child welfare agency. The bill would require investigators to immediately, or as soon as practicably possible, make a report, as specified, to the appropriate county child welfare agency and the State Department of Social Services if those addresses match. (2) Existing law, the California Child Day Care Act, requires the Director of Social Services to annually publish and make available certain lists covering all licensed child day care facilities, other than small family day care homes, as defined, and the services for which each facility has been licensed. Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of small family day care homes, except for specified purposes, including, among others, providing the names and addresses of these small family day care homes to certain state agencies, programs, organizations, or plans. This bill would include a local law enforcement agency among the agencies that may receive lists containing the names, addresses, and other identifying information of small family day care homes, as specified. 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.

Bill Text

Action History

  1. In committee: Held under submission.

  2. In committee: Referred to APPR. suspense file.

  3. Read second time and amended. Re-referred to Com. on APPR.

  4. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0.) (July 3).

  5. Re-referred to Com. on PUB. S.

  6. Read second time and amended. Re-referred to Com. on RLS.

  7. From committee: Do pass as amended and re-refer to Com. on RLS. with recommendation: to consent calendar. (Ayes 6. Noes 0.) (June 12).

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

  9. In committee: Hearing postponed by committee.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

  11. In committee: Hearing postponed by committee.

  12. Referred to Com. on HUMAN S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 59. Noes 10. Page 1861.)

  15. Read second time. Ordered to third reading.

  16. Read second time and amended. Ordered to second reading.

  17. From committee: Do pass as amended. (Ayes 11. Noes 1.) (May 27).

  18. In committee: Set, first hearing. Referred to APPR. suspense file.

  19. Re-referred to Com. on APPR.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (April 26). Re-referred to Com. on APPR.

  22. In committee: Set, first hearing. Hearing canceled at the request of author.

  23. Re-referred to Com. on HUM. S.

  24. From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.

  25. Referred to Com. on HUM. S.

  26. From printer. May be heard in committee March 18.

  27. Read first time. To print.

Sponsors

  • Blanca E. Rubio · Cosponsor
  • Alejo · Cosponsor
  • Alquist · Cosponsor
  • Anderson · Cosponsor
  • Beall · Cosponsor
  • Block · Cosponsor
  • Blumenfield · Cosponsor
  • Cannella · Cosponsor
  • Bonilla · Cosponsor
  • Fletcher · Cosponsor
  • Portantino · Cosponsor
  • De León · Cosponsor
  • Correa · Cosponsor
  • Halderman · Cosponsor
  • Huffman · Cosponsor
  • Lieu · Cosponsor
  • Mendoza · Cosponsor
  • Miller · Cosponsor
  • Nestande · Cosponsor
  • Olsen · Cosponsor
  • Perea · Primary
  • Silva · Cosponsor
  • Solorio · Cosponsor
  • Torres · Cosponsor
  • Williams · Cosponsor
  • V. Manuel Pérez · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 25 co-sponsors · 96 not signed on

Sponsors (1)

  • Perea

Co-sponsors (25)

  • Rubio, Blanca E. Democratic
  • Alejo
  • Alquist
  • Anderson
  • Beall
  • Block
  • Blumenfield
  • Cannella
  • Bonilla
  • Fletcher
  • Portantino
  • De León
  • Correa
  • Halderman
  • Huffman
  • Lieu
  • Mendoza
  • Miller
  • Nestande
  • Olsen
  • Silva
  • Solorio
  • Torres
  • Williams
  • V. Manuel Pérez

Not signed on (96)

96 members have not signed on to this bill.

Show all 96 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Alquist — Yea
Dutton — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea

Official roll call →

AB 493 PEREA Assembly Third Reading

Passed 59 Yea · 10 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 5710010
Republican 2000
Democratic 0001
Total 5910011
% of votes cast 74%13%0%14%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Cedillo — Yea
Fuentes — Yea
Gatto — Yea
Fong — Yea
Cook — Yea
Allen — Yea
Hagman — Yea
Portantino — Yea
John A. Pérez — Yea
Alejo — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Olsen — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Williams — Yea
Fletcher — Yea
Galgiani — Yea
Gordon — Nay
Bonilla — Nay
Halderman — Yea
Atkins — Nay
Butler — Not Voting
Mitchell — Nay
Hall — Yea
Harkey — Yea
Hueso — Yea
Jeffries — Yea
Lara — Yea
Campos — Yea
Ammiano — Nay
Carter — Not Voting
Chesbro — Not Voting
Davis — Not Voting
Donnelly — Yea
Miller — Yea
Monning — Not Voting
Nestande — Not Voting
Nielsen — Yea
Pan — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Beall — Nay
Block — Yea
Blumenfield — Not Voting
Bradford — Nay
Brownley — Nay
Buchanan — Yea
Hayashi — Yea
Knight — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Norby — Yea
Silva — Yea
Skinner — Nay
Torres — Yea
Valadao — Yea
Wagner — Yea
Conway — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Yamada — Nay
Furutani — Not Voting
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 10105
Democratic 1000
Total 11105
% of votes cast 65%6%0%29%
How each member voted (17)
Member Party Vote
Hall — Yea
Campos — Yea
Hill — Yea
Mitchell — Nay
Davis — Yea
Nielsen — Not Voting
Solorio — Yea
Wagner — Not Voting
Blumenfield — Yea
Bradford — Yea
Harkey — Not Voting
Lara — Yea
Norby — Not Voting
Donnelly — Not Voting
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 493 do?
(1) 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, among other places, foster homes or facilities licensed by the State Department of Social Services or a county child welfare services agency. Violation of this prohibition would be a misdemeanor. The bill would also authorize a juvenile court to waive this prohibition if the residence involved is that of a noncustodial parent, relative, or nonrelative extended family member who receives the placement of a child who is or may be declared a dependent of the court and the court finds that placing the child in that residence is in the child's best interest. 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, including notifying the county child welfare agency and the Department of Social Services, as specified, if the person registers at a prohibited residence or place of employment. This bill would require the State Department of Social Services to, by January 1, 2014, provide specified public officers and persons or entities that register a person who is required to register with the addresses or other equivalent data of, among other things, foster 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 also require specified investigators of the State Department of Social Services to compare the residence and employment addresses of persons required to register under the act against the addresses of certain facilities, including, among others, foster homes or facilities licensed by the department or a county child welfare agency. The bill would require investigators to immediately, or as soon as practicably possible, make a report, as specified, to the appropriate county child welfare agency and the State Department of Social Services if those addresses match. (2) Existing law, the California Child Day Care Act, requires the Director of Social Services to annually publish and make available certain lists covering all licensed child day care facilities, other than small family day care homes, as defined, and the services for which each facility has been licensed. Existing law requires the State Department of Social Services to prevent the use of lists containing names, addresses, and other identifying information of small family day care homes, except for specified purposes, including, among others, providing the names and addresses of these small family day care homes to certain state agencies, programs, organizations, or plans. This bill would include a local law enforcement agency among the agencies that may receive lists containing the names, addresses, and other identifying information of small family day care homes, as specified. 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.
Who sponsors AB 493?
AB 493 is sponsored by Rubio, Blanca E. (Democratic), Alejo, Alquist, Anderson, Beall, Block, Blumenfield, Cannella, Bonilla, Fletcher, Portantino, De León, Correa, Halderman, Huffman, Lieu, Mendoza, Miller, Nestande, Olsen, Perea, Silva, Solorio, Torres, Williams, and V. Manuel Pérez.
What is the current status of AB 493?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 493?
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