BILL NUMBER: AB 1432	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 18, 2011

INTRODUCED BY   Assembly Member Mitchell
    (   Principal   coauthors:  
Assembly Members  Morrell   and Wieckowski 
 ) 
    (   Coauthors:   Assembly Members 
 Torres,   Valadao,   and Williams   )


                        JULY 12, 2011

   An act to add Section 273j to the Penal Code, relating to crimes,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1432, as amended, Mitchell. Crimes
   Existing law makes it a crime for a parent or guardian of a minor
child to wilfully omit, without lawful excuse, clothing, food,
shelter, or medical care for the child. Existing law also makes it a
crime for a parent or guardian to desert a child under 14 years of
age with the intent to abandon him or her.
   This bill would provide that a parent or guardian of a child under
14 years of age who knowingly fails to report to law enforcement
within 24 hours that the child has died when the death occurred under
circumstances that would cause a reasonable person to believe that
the death occurred as a result of a crime, or that the child has
disappeared under circumstances that would lead a reasonable person
to believe the child is in danger of physical harm, is guilty of a
felony.  This   The  bill further provides
that a parent or guardian of a child under 14 years of age who
knowingly fails to notify law enforcement within 24 hours that the
child has disappeared under circumstances other than those described
above is guilty of a misdemeanor.  The bill would also provide
that these provisions would not preclude prosecution under any other
provision of law.  By creating a new 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known as Caylee's Law.
  SEC. 2.  Section 273j is added to the Penal Code, to read:
   273j.  (a) Any parent or guardian having the care, custody, and
control of a child under 14 years of age who knowingly fails to
notify law enforcement within 24 hours of the death of the child if
the child died under circumstances that would lead a reasonable
person to believe that the death occurred as a result of a crime, or
the disappearance of the child if the circumstances of the child's
disappearance would lead a reasonable person to believe the child was
in danger of physical harm, shall be guilty of a felony.
   (b) Any parent or guardian having the care, custody, and control
of a child under 14 years of age who knowingly fails to notify law
enforcement within 24 hours of the disappearance of the child under
circumstances other than those described in subdivision (a), shall be
guilty of a misdemeanor. 
   (c) Nothing in this section shall preclude prosecution under any
other provision of law. 
  SEC. 3.  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.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect children from criminal acts that could lead to
harm or death, it is necessary that this act take effect
immediately.