BILL NUMBER: AB 1432	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 20, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	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 willfully 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 that child.
   This bill would require a parent or guardian of a child under 14
years of age who knows or should have known that the child has died
to notify a public safety agency, as defined, within 24 hours of the
time that the parent or guardian knew or should have known that the
child has died, and to notify law enforcement within 24 hours of the
time that a parent or guardian knows or should have known that the
child is a missing person and there is evidence that the child is a
person at risk, except as specified. The bill would make a violation
of those provisions a misdemeanor punishable by imprisonment in a
county jail for not more than one year, or by a fine not exceeding
$1,000, or by both that fine and imprisonment. The bill would also
provide that these provisions shall 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   majority  . 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) (1) Any parent or guardian having the care, custody, or
control of a child under 14 years of age who knows or should have
known that the child has died shall notify a public safety agency, as
defined in Section 53102 of the Government Code, within 24 hours of
the time that the parent or guardian knew or should have known that
the child has died.
   (2) This subdivision shall not apply when a child is otherwise
under the immediate care of a physician at the time of death, or if a
public safety agency, a coroner, or a medical examiner is otherwise
aware of the death.
   (b) (1) Any parent or guardian having the care, custody, or
control of a child under 14 years of age shall notify law enforcement
within 24 hours of the time that the parent or guardian knows or
should have known that the child is a missing person and there is
evidence that the child is a person at risk, as those terms are
defined in Section 14213.
   (2) This subdivision shall not apply if law enforcement is
otherwise aware that the child is a missing person.
   (c) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for not more than one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.
   (d) 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 at the earliest possible time from
criminal acts that could lead to harm or death, it is necessary that
this act take effect immediately.