BILL NUMBER: AB 1432	CHAPTERED
	BILL TEXT

	CHAPTER  805
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2012
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2012
	PASSED THE SENATE  AUGUST 22, 2012
	PASSED THE ASSEMBLY  AUGUST 27, 2012
	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.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1432, 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 that 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.


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.