BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 840| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 840 Author: Yee (D), et al Amended: 4/13/10 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/23/10 AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg, Wright SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : Reporting crimes SOURCE : Richmond Improvement Association DIGEST : This bill expands the duty to report the commission of a murder, rape or specified sex offense on a child under the age of 18. ANALYSIS : Existing law provides that "every person who, after a felony has been committed, harbors, conceals or aids a principal in such a felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such a felony or has been charged with such a felony or convicted thereof is an accessory to the felony and is guilty of a wobbler." (Sections 32 and 33 of the Penal Code) Existing law provides that it is a crime for any person CONTINUED SB 840 Page 2 having knowledge of the actual commission of a crime to take money or property of another, or any gratuity or reward, or any engagement or promise thereof upon any agreement or understanding to compound or conceal a crime or abstain from any prosecution thereof or to withhold any evidence thereof. The penalty for such crime is a wobbler if the crime being concealed was punishable by death or life in prison or any other felony and a six-month misdemeanor if the crime being concealed was a misdemeanor. (Section 153 of the Penal Code) Existing law imposes specified requirements on a mandated reporter, as defined, with respect to the observation and reporting of physical abuse of an elder or dependent adult, with failure to report punishable as a misdemeanor. (Sections 15630 and 15634 of the Welfare and Institutions Code) Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, provides for the reporting of actual or suspected physical or other abuse, as defined, of an elder or dependent adult by specified persons and entities, including care custodians, and imposes various requirements on state and local agencies in processing, investigating, and reporting on these reports. (Section 15600 et seq. of the Welfare and Institutions Code) Existing law provides that a health care practitioner, child care provider, child protective agency employee, child visitation monitor, firefighter, animal control or humane society officer who reasonably suspects that a child has been abused must report such suspected child abuse to a child protective agency. (Section 11166 of the Penal Code) Existing law provides that any person who reasonably believes that he/she has observed the commission of a murder, rape or lewd act on a child by force, where the victim is a child under the age of 14 years shall notify a peace officer. Failure to notify is a misdemeanor punishable by a fine of not more than $1,500, up to six months in jail, or both fine and jail. The duty to report does not apply to a person who is related to either the victim or offender, a person who fails to report because of SB 840 Page 3 a reasonable mistake of fact or a person who fails to report based on a reasonable fear for his/her own reasonable fear for his or her own safety or for the safety of his/her family. (Section 152.3 of the Penal Code) This bill increases the duty to report specified crimes, including infractions, against a victim who is under the age of 18. This bill adds to the offenses that must be reported if committed against a victim under the age of 18 to include sodomy, lewd acts on a child, oral copulation or sexual penetration by an unknown object when any of the offenses are accomplished by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person. This bill exempts the victim and a person under 12 years of age from the duty to report. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 4/20/10) Richmond Improvement Association (source) California Coalition Against Sexual Assault California Psychiatric Association California State PTA California State Sheriffs' Association California Statewide Law Enforcement Association Childhelp Children Now Children's Advocacy Institute Childrens Hospital Los Angeles Crime Victims Action Alliance Crime Victims United District Attorney of the City and County of San Francisco Peace Officers Research Association of California Police Department of the City and County of San Francisco San Bernardino County Sheriff's Department Stockton Unified School District OPPOSITION : (Verified 4/20/10) SB 840 Page 4 American Civil Liberties Union California District Attorneys Association ARGUMENTS IN SUPPORT : According to the author's office, this bill revises this Act in response to the October 24, 2009 alleged rape in Richmond, California, when a 16-year-old female student of Richmond High School was allegedly raped repeatedly by a group of young males in a courtyard on the school campus while a homecoming dance was being held. The existing statutes could not apply since the victim was older than 14 years old. This bill updates this statute to cover all children. It is unconscionable someone could turn its back to a minor being assaulted; this bill is an attempt to reassert the collective duty to protect our children. ARGUMENTS IN OPPOSITION : The California District Attorneys Association opposes this bill, stating: "We appreciate what we perceive to be the implicit goal of this bill: to increase the frequency with which terrible crimes are reported to law enforcement. Unfortunately, we are concerned that this bill could jeopardize prosecutions for the underlying crimes that you are seeking to have reported. It is for this reason that CDAA opposed the creation of Penal Code Section 152.3 by AB 1422 (Torlakson, Chapter 477, Statutes of 2000) and must now oppose its expansion. "Our specific concern lies with the fact that, if a prosecutor needs or wants to use a witness who has failed to report the crime at issue, the prosecutor will likely have to grant the witness immunity from the offense of failing to notify a peace officer. Conferring immunity can damage the People's case because the immunity agreement will be disclosed to the defense and could be used as the basis for impeachment despite the fact that the jury might not know the nature of the offense for which the witness has been granted immunity. "Additionally, the statute's broad exception from reporting that applies to a witness who fears for his or SB 840 Page 5 her safety or that of his or her family renders this law, as currently written and as proposed to be amended by this bill, essentially toothless. We fear that this measure will not effectively encourage the reporting of crimes, but could very likely hinder prosecutions of horrific offenses by expanding the breadth of the reporting requirement." RJG:mw 4/20/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****