BILL NUMBER: AB 1641	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 24, 2010

INTRODUCED BY   Assembly Member Hall

                        JANUARY 11, 2010

   An act to amend Section 152.3 of the Penal Code, relating to rape.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1641, as amended, Hall. Rape: duty to report.
   Existing law requires, with specified exceptions, any person who
reasonably believes that he or she has observed the commission of a
rape where the victim is a child under 14 years of age to notify a
peace officer by telephone or any other means. The failure to notify
as required is a misdemeanor punishable by a fine of $1,500, or by
imprisonment in a county jail for up to 6 months, or both.
   This bill would delete the age of the victim from the elements of
the crime  , and would specify that the crime is committed if no
report is made within 96 hours of observation  .
   By expanding the scope of an existing crime, this bill 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.
   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 152.3 of the Penal Code is amended to read:
   152.3.  (a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses shall notify
a peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2:
   (1) Murder, where the victim is a child under 14 years of age.
   (2) Rape  , within 96 hours of observation  .
   (3) A violation of paragraph (1) of subdivision (b) of Section 288
of the Penal Code.
   (b) This section shall not be construed to affect privileged
relationships as provided by law.
   (c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to
provide notice is made by telephone or any other means.
   (d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor and is punishable by a fine of not more than one
thousand five hundred dollars ($1,500), by imprisonment in a county
jail for not more than six months, or by both that fine and
imprisonment.
   (e) The requirements of this section shall not apply to the
following:
   (1) A person who is related to either the victim or the offender,
including a husband, wife, parent, child, brother, sister,
grandparent, grandchild, or other person related by consanguinity or
affinity.
   (2) A person who fails to report based on a reasonable mistake of
fact.
   (3) A person who fails to report based on a reasonable fear for
his or her own safety or for the safety of his or her family.
   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.