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California Senate Democrats rejected Republican Sen. Suzette Valladares’ effort to close a “loophole” allowing some people convicted of sex crimes against minors to seek public office, including school-board seats.
At issue is AB 2691, a proposal to add sexual assault and human trafficking to the felony convictions that disqualify Californians from elected office. Valladares’ amendment sought to undo Democratic-led changes that allow people convicted of certain sex crimes against minors to remain eligible to seek public office.
“Right now in California, someone convicted of sexually abusing a child can still sit on your school board. That’s not a loophole. That’s a choice. And in my perspective, and most, that’s wrong,” Valladares, R-Santa Clarita, said on the California Senate floor while urging colleagues to adopt an amendment that Senate Democrats later rejected on a party-line vote, according to her office.
“Predators who sexually abuse children have no place holding public office. None, not in the Capitol, not on city council, and definitely not on our school boards. AB 2691 was supposed to guarantee that. It started as a simple ban,” she continued. “Convicted sex offenders don’t get to hold public office. Period. But amendments added this summer gutted it, narrowing the bill to cover only tier three offenders and deliberately exempting tier one and tier two.”
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State Senator Suzette Martinez Valladares (R-Santa Clarita) debates amendments to a bill that would allow certain child sex offenders to serve on school boards. (Office of Senator Suzette Valladares)
Under the bill’s current language, the new public-office ban would apply to sexual-assault convictions requiring lifetime Tier 3 sex-offender registration. People whose convictions place them in Tier 1 or Tier 2 — categories requiring at least 10 or 20 years on the registry before they can ask a court for removal — would not be disqualified under the proposed law.
Concern was also raised months ago during a Senate committee hearing, when Republican California state Sen. Steven Choi asked Assemblywoman Dawn Addis, the bill’s Democratic author, why people convicted of certain sex crimes against minors could remain eligible to seek office under the amended measure. Addis did not address the specific offenses Choi identified, instead calling AB 2691 a “first in the nation” proposal that would protect survivors and saying she was open to working with lawmakers on other crimes.
“We’re doing a first in the nation bill that would protect the public trust of survivors and would make sure that survivors are really in the lead,” Addis responded. “Happy to continue working with the committee or others if there are other kinds of crimes folks feel need to be addressed. But at the moment, I feel like we have a really important bill that is nation leading, that will uplift survivors and enhance public trust here in California.”
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A view of the California state capitol building (Arturo Holmes/Getty Images for National Urban League)
California state Sen. Scott Wiener, the Democratic chair of the committee that considered the bill, argued that a broader prohibition based on all three registry tiers would be overbroad. He said California’s registry had historically included both “sexually violent predator[s]” and others who have committed less serious crimes, citing an example of “a gay guy who had sex in a park or in a car and got arrested.”
“Sex offender registry is not punishment,” Wiener argued. “It is a tool for law enforcement to be able to monitor people who may potentially cause a risk. And when we use the sex offender registry as a proxy for anything else, we get into problems.”
State Sen. Scott Wiener of California (Sen. Scott Wiener/California Senate)
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But Sen. Valladares told Fox News Digital that the issue “isn’t complicated” for her.
“I’m a mom. This one isn’t complicated for me. Today, 40 senators had the chance to say convicted sex offenders should NEVER hold public office in California,” she told Fox News Digital. “Ten Republicans stood up to vote for what is right. My amendments would have closed the door. No loopholes. No exceptions. No convicted sex offenders serving in positions of public trust, including on our school boards. Protecting our kids should NEVER be partisan. I’m deeply disappointed, and I’m not done fighting.”