BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2380|
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THIRD READING
Bill No: AB 2380
Author: Bonnie Lowenthal (D), et al
Amended: 6/16/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/15/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
ASSEMBLY FLOOR : 74-0, 4/22/10 (Consent) - See last page
for vote
SUBJECT : Child abuse: mandated reporting
SOURCE : City Attorney of Los Angeles
DIGEST : This bill provides that a "reasonable suspicion"
that a child has been a victim of child abuse or neglect
does not require certainty that a child has been abused,
and may be based on credible information from other
individuals for the purpose of making a report under the
Child Abuse and Neglect Reporting Act, as specified.
ANALYSIS : Current law contains the Child Abuse and
Neglect Reporting Act (CANRA), which generally is intended
to protect children from abuse and neglect. (Section 11164
et seq. of the Penal Code [PEN])
Under current law the term "child abuse or neglect" for the
purposes of CANRA "includes physical injury or death
CONTINUED
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inflicted by other than accidental means upon a child by
another person, sexual abuse ?, neglect ?, the willful
harming or injuring of a child or the endangering of the
person or health of a child, ? and unlawful corporal
punishment or injury ? 'Child abuse or neglect' does not
include a mutual affray between minors. 'Child abuse or
neglect' does not include an injury caused by reasonable
and necessary force used by a peace officer acting within
the course and scope of his or her employment as a peace
officer." (PEN Section 11165.6)
Current law requires a mandated reporter to make a report
"whenever the mandated reporter, in his or her professional
capacity or within the scope of his or her employment, has
knowledge of or observes a child whom the mandated reporter
knows or reasonably suspects has been the victim of child
abuse or neglect. ?" (PEN Section 11166)
Current law provides that, "(f)or the purposes of this
article, "reasonable suspicion" means that it is
objectively reasonable for a person to entertain a
suspicion, based upon facts that could cause a reasonable
person in a like position, drawing, when appropriate, on
his or her training and experience, to suspect child abuse
or neglect. For the purpose of this article, the pregnancy
of a minor does not, in and of itself, constitute a basis
for a reasonable suspicion of sexual abuse." (PEN Section
11166(a)(1))
This bill adds the following language to the existing
definition of "reasonable suspicion" for purposes of CANRA:
'Reasonable suspicion' does not require certainty that
child abuse or neglect has occurred nor does it require a
specific medical indication of child abuse or neglect;
any 'reasonable suspicion' is sufficient.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
City Attorney of Los Angeles (source)
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Board of Behavioral Sciences
California District Attorneys Association
Crime Victims Action Alliance
State Public Affairs Committee, Junior Leagues of
California
ARGUMENTS IN SUPPORT : The author states:
"Across all professions who deal with the abuse of
children there appears one constant: there is great
confusion regarding what constitutes 'reasonable
suspicion' for purposes of triggering the legal mandated
reporting obligation.
"It is clear that while the intent of the law is to
insure that all reasonable suspicions of child abuse and
neglect are reported, the lack of a consistent
understanding of what this phrase means has obviously
inhibited many professionals from reporting abuse in a
proper and timely fashion. This is particularly evident
among medical professionals who we work with where
reports are often delayed by hours, if not days, while a
specific medical diagnosis is determined.
"The delay in reporting can result in the destruction of
crime scene evidence and may ultimately inhibit efforts
of law enforcement personnel to identify perpetrators and
to hold them accountable for their physical and sexual
abuse of children. Not to mention the obvious fear that
continuing and prolonged abuse of children will go
undetected and unreported.
"This bill amends Penal Code Section 11166(a)(1) to
clarify the definition of 'reasonable suspicion' as the
trigger for the mandating reporting of child abuse by
making it clear that no actual knowledge is required."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Bradford, Brownley, Buchanan, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
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DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blumenfield, Caballero, Huber, Huffman,
Norby, Vacancy
RJG:mw 6/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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