BILL NUMBER: AB 1434 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2012
AMENDED IN SENATE JUNE 25, 2012
AMENDED IN ASSEMBLY MARCH 14, 2012
INTRODUCED BY Assembly Member Feuer
JANUARY 4, 2012
An act to amend Section 11165.7 of the Penal Code, relating to
child abuse reporting.
LEGISLATIVE COUNSEL'S DIGEST
AB 1434, as amended, Feuer. Child abuse reporting: mandated
reporters.
Existing law, the Child Abuse and Neglect Reporting Act, requires
a mandated reporter, as defined, to report whenever he or she, in his
or her professional capacity or within the scope of his or her
employment, has knowledge of or observed a child whom the mandated
reporter knows or reasonably suspects has been the victim of child
abuse or neglect. Failure to report an incident is a crime punishable
by imprisonment in a county jail for a period of 6 months, a fine of
up to $1,000, or by both that imprisonment and fine.
This bill would add employees and administrators of a public or
private postsecondary institution, whose duties bring the
administrator or employee into contact with children on a regular
basis or who supervises those whose duties bring the administrator or
employee into contact with children on a regular basis, as to child
abuse or neglect occurring on that institution's premises or at an
official activity of, or program conducted by, the institution, to
the list of individuals who are mandated reporters.
By imposing the reporting requirements on a new class of persons,
for whom failure to report specified conduct is a crime, this bill
would impose a state-mandated local program.
This bill would incorporate additional changes in Section 11165.7
of the Penal Code, proposed by AB 1435, AB 1713, AB 1817, and SB
1264, to be operative only if AB 1435, AB 1713, AB 1817, or SB 1264
and this bill are chaptered and become effective on or before January
1, 2013, and this bill is chaptered last.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11165.7 of the Penal Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any public
or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a
county office of education or the State Department of Education
, whose duties bring the employee into contact
with children on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any other
person who performs autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means
any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 5.655 of the California Rules of
Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution , whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.1. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any other
person who performs autopsies.
(29) A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in this
article, "commercial film and photographic print processor" means
any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.2. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk,
data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints or
images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.3. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor ,
as specified in subdivision (e) of Section 11166. As used
in this article, "commercial film and photographic print processor"
means any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of
any police department, county sheriff's department, county probation
department, or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.4. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor ,
as specified in subdivision (e) of Section 11166. As used
in this article, "commercial film and photographic print processor"
means any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.5. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk,
data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints or
images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and
supervision of children are not mandated reporters but are
encouraged to obtain training in the identification and reporting of
child abuse and neglect and are further encouraged to report known or
suspected instances of child abuse or neglect to an agency specified
in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.6. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor ,
as specified in subdivision (e) of Section 11166. As used
in this article, "commercial film and photographic print processor"
means any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.7. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor ,
as specified in subdivision (e) of Section 11166. As used
in this article, "commercial film and photographic print processor"
means any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.8. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk,
data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints or
images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33)
Any custodian of records of a clergy member, as specified in this
section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.9. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk,
data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints or
images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.10. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor ,
as specified in subdivision (e) of Section 11166. As used
in this article, "commercial film and photographic print processor"
means any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(43) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.11. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, v ideotape, video
laser disk, computer hardware, computer software, computer floppy
disk, data storage medium, CD-ROM, computer-generated
equipment, or computer-generated image, for compensation. The
term includes any employee of such a that
person; it does not include a person who develops film or makes
prints or images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.12. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk,
data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints or
images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.13. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor ,
as specified in subdivision (e) of Section 11166. As used
in this article, "commercial film and photographic print processor"
means any a person who develops exposed
photographic film into negatives, slides, or prints, or who makes
prints from negatives or slides, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints for a
public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer
technician" means a person who works for a company that is in the
business of repairing, installing, or otherwise servicing a computer
or computer component, including, but not limited to, a computer
part, device, memory storage or recording mechanism, auxiliary
storage recording or memory capacity, or any other material relating
to the operation and maintenance of a computer or computer network
system, for a fee. An employer who provides an electronic
communications service or a remote computing service to the public
shall be deemed to comply with this article if that employer complies
with Section 2258A of Title 18 of the United States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(44) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.14. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk,
data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints or
images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(43) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 1.15. Section 11165.7 of the Penal
Code is amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by
any a public or private school.
(4) A classified employee of any a
public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of
any a public or private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) Any An employee of a county
office of education or the State Department of Education ,
whose duties bring the employee into contact with children
on a regular basis.
(10) A licensee, an administrator, or an employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency , as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) Any A person who is an
administrator or presenter of, or a counselor in, a child abuse
prevention program in any a public or
private school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker , unless the investigator,
inspector, or caseworker is working with an attorney appointed
pursuant to Section 317 of the Welfare and Institutions Code to
represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) A physician and surgeon, psychiatrist, psychologist, dentist,
resident, intern, podiatrist, chiropractor, licensed nurse, dental
hygienist, optometrist, marriage and family therapist, clinical
social worker, professional clinical counselor, or any other person
who is currently licensed under Division 2 (commencing with Section
500) of the Business and Professions Code.
(22) Any An emergency medical
technician I or II, paramedic, or other person certified pursuant to
Division 2.5 (commencing with Section 1797) of the Health and Safety
Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner , or any
other person who performs autopsies.
(29) A commercial film and photographic print processor,
or image processor as specified in subdivision
(e) of Section 11166. As used in this article, "commercial film and
photographic print or image processor" means any
a person who develops exposed photographic film
into negatives, slides, or prints, or who makes prints from negatives
or slides, or who prepares, publishes, produces, develops,
duplicates, or prints any representation of information, data, or an
image, including, but not limited to, any film, filmstrip,
photograph, negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk,
data storage medium, CD-ROM, computer-generated equipment, or
computer-generated image, for compensation. The term includes
any employee of such a that person; it
does not include a person who develops film or makes prints or
images for a public agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means any a person
who, for financial compensation, acts as a monitor of a
visit between a child and any other another
person when the monitoring of that visit has been ordered by a
court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means any a
person employed by a city, county, or city and county for the
purpose of enforcing animal control laws or regulations.
(B) "Humane society officer" means any a
person appointed or employed by a public or private entity as a
humane officer who is qualified pursuant to Section 14502 or 14503
of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) Any custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) Any An employee of any police
department, county sheriff's department, county probation department,
or county welfare department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 1424
5.566 of the California Rules of Court.
(36) A custodial officer , as defined in Section 831.5.
(37) Any A person providing services
to a minor child under Section 12300 or 12300.1 of the Welfare and
Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not ,
in and of itself , a sufficient basis for reporting
child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(41) An employee or administrator of a public or private
postsecondary institution, whose duties bring the administrator or
employee into contact with children on a regular basis, or who
supervises those whose duties bring the administrator or employee
into contact with children on a regular basis, as to child abuse or
neglect occurring on that institution's premises or at an official
activity of, or program conducted by, the institution. Nothing in
this paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with Section 950) of
Chapter 4 of Division 8 of the Evidence Code.
(42) An athletic coach, athletic administrator, or athletic
director employed by any public or private school that provides any
combination of instruction for kindergarten, or grades 1 to 12,
inclusive.
(43) (A) A commercial computer technician as specified in
subdivision (e) of Section 11166. As used in this article,
"commercial computer technician" means a person who works for a
company that is in the business of repairing, installing, or
otherwise servicing a computer or computer component, including, but
not limited to, a computer part, device, memory storage or recording
mechanism, auxiliary storage recording or memory capacity, or any
other material relating to the operation and maintenance of a
computer or computer network system, for a fee. An employer who
provides an electronic communications service or a remote computing
service to the public shall be deemed to comply with this article if
that employer complies with Section 2258A of Title 18 of the United
States Code.
(B) An employer of a commercial computer technician may implement
internal procedures for facilitating reporting consistent with this
article. These procedures may direct employees who are mandated
reporters under this paragraph to report materials described in
subdivision (e) of Section 11166 to an employee who is designated by
the employer to receive the reports. An employee who is designated to
receive reports under this subparagraph shall be a commercial
computer technician for purposes of this article. A commercial
computer technician who makes a report to the designated employee
pursuant to this subparagraph shall be deemed to have complied with
the requirements of this article and shall be subject to the
protections afforded to mandated reporters, including, but not
limited to, those protections afforded by Section 11172.
(44) Any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and supervision of children are not mandated
reporters but are encouraged to obtain training in the identification
and reporting of child abuse and neglect and are further encouraged
to report known or suspected instances of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. This training shall include training in child abuse and
neglect identification and training in child abuse and neglect
reporting. Whether or not employers provide their employees with
training in child abuse and neglect identification and reporting, the
employers shall provide their employees who are mandated reporters
with the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged to provide
their volunteers whose duties require direct contact with and
supervision of children with training in the identification and
reporting of child abuse and neglect.
SEC. 2. (a) Section 1.1 of this bill incorporates
amendments to Section 11165.7 of the Penal Code proposed by both this
bill and 1435. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, and (3) Assembly Bill
1713, Assembly Bill 1817, and Senate Bill 1264 are not enacted or as
enacted do not amend that section, and (4) this bill is enacted after
Assembly Bill 1435, in which case Sections 1, 1.2, 1.3, 1.4, 1.5,
1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15
of this bill shall not become
operative.
(b) Section 1.2 of this bill incorporates amendments to Section
11165.7 of the Penal Code proposed by both this bill and Assembly
Bill 1713. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, (3) Assembly Bill
1435, Assembly Bill 1817, and Senate Bill 1264 are not enacted or as
enacted do not amend that section, and (4) this bill is enacted after
Assembly Bill 1713 in which case Sections 1, 1.1, 1.3, 1.4, 1.5,
1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this
bill shall not become operative.
(c) Section 1.3 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by both this bill and Assembly Bill 1817. It
shall only become operative if (1) both bills are enacted and become
effective on or after January 1, 2013, (2) each bill amends Section
11165.7 of the Penal Code, (3) Assembly Bill 1435, Assembly Bill
1713, and Senate Bill 1264 are not enacted or as enacted do not amend
that section, and (4) this bill is enacted after Assembly Bill 1817,
in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9,
1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this bill shall not become
operative.
(d) Section 1.4 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by both this bill and Senate Bill 1264. It
shall only become operative if (1) both bills are enacted and become
effective on or after January 1, 2013, (2) each bill amends Section
11165.7 of the Penal Code, (3) Assembly Bill 1435, Assembly Bill
1713, and Assembly Bill 1817 are not enacted or as enacted do not
amend that section, and (4) this bill is enacted after Senate Bill
1264, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, 1.7, 1.8,
1.9, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this bill shall not
become operative.
(e) Section 1.5 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1435, and Assembly
Bill 1713. It shall only become operative if (1) all three bills are
enacted and become effective on or after January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, (3) Assembly Bill 1817
and Senate Bill 1264 are not enacted or as enacted do not amend that
section, and (4) this bill is enacted after Assembly Bill 1435 and
Assembly Bill 1713, in which case Sections 1, 1.1, 1.2, 1.3, 1.4,
1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this
bill shall not become operative.
(f) Section 1.6 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1435, and Assembly
Bill 1817. It shall only become operative if (1) all three bills are
enacted and become effective on or after January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, (3) Assembly Bill 1713
and Senate Bill 1264 are not enacted or as enacted do not amend that
section, and (4) this bill is enacted after Assembly Bill 1435 and
Assembly Bill 1817, in which case Sections 1, 1.1, 1.2, 1.3, 1.4,
1.5, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this
bill shall not become operative.
(g) Section 1.7 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1435, and Senate
Bill 1264. It shall only become operative if (1) all three bills are
enacted and become effective on or after January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, (3) Assembly Bill 1713
and Assembly Bill 1817 are not enacted or as enacted do not amend
that section, and (4) this bill is enacted after Assembly Bill 1435
and Senate Bill 1264, in which case Sections 1, 1.1, 1.2, 1.3, 1.4,
1.5, 1.6, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this
bill shall not become operative.
(h) Section 1.8 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1713, and Assembly
Bill 1817. It shall only become operative if (1) all three bills are
enacted and become effective on or after January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, (3) Assembly Bill 1435
and Senate Bill 1264 are not enacted or as enacted do not amend that
section, and (4) this bill is enacted after Assembly Bill 1713 and
Assembly Bill 1817, in which case Sections 1, 1.1, 1.2, 1.3, 1.4,
1.5, 1.6, 1.7, 1.9, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this
bill shall not become operative.
(i) Section 1.9 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1713, and Senate
Bill 1264. It shall only become operative if (1) all three bills are
enacted and become effective on or after January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, (3) Assembly Bill 1435
and Assembly Bill 1817 are not enacted or as enacted do not amend
that section, and (4) this bill is enacted after Assembly Bill 1713
and Senate Bill 1264, in which case Sections 1, 1.1, 1.2, 1.3, 1.4,
1.5, 1.6, 1.7, 1.8, 1.10, 1.11, 1.12, 1.13, 1.14, and 1.15, of this
bill shall not become operative.
(j) Section 1.10 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1817, and Senate
Bill 1264. It shall only become operative if (1) all three bills are
enacted and become effective on or after January 1, 2013, (2) each
bill amends Section 11165.7 of the Penal Code, (3) Assembly Bill 1435
and Assembly Bill 1713 are not enacted or as enacted do not amend
that section, and (4) this bill is enacted after Assembly Bill 1817
and Senate Bill 1264, in which case Sections 1, 1.1, 1.2, 1.3, 1.4,
1.5, 1.6, 1.7, 1.8, 1.9, 1.11, 1.12, 1.13, 1.14, and 1.15, of this
bill shall not become operative.
(k) Section 1.11 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1435, Assembly
Bill 1713, and Assembly Bill 1817. It shall only become operative if
(1) all four bills are enacted and become effective on or after
January 1, 2013, (2) each bill amends Section 11165.7 of the Penal
Code, (3) Senate Bill 1264 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after Assembly Bill
1435, Assembly Bill 1713 and Assembly Bill 1817, in which case
Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.12,
1.13, 1.14, and 1.15, of this bill shall not become operative.
(l) Section 1.12 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1435, Assembly
Bill 1713, and Senate Bill 1264. It shall only become operative if
(1) all four bills are enacted and become effective on or after
January 1, 2013, (2) each bill amends Section 11165.7 of the Penal
Code, (3) Assembly Bill 1817 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after Assembly Bill
1435, Assembly Bill 1713 and Senate Bill 1264, in which case Sections
1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.13,
1.14, and 1.15, of this bill shall not become operative.
(m) Section 1.13 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1435, Assembly
Bill 1817, and Senate Bill 1264. It shall only become operative if
(1) all four bills are enacted and become effective on or after
January 1, 2013, (2) each bill amends Section 11165.7 of the Penal
Code, (3) Assembly Bill 1713 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after Assembly Bill
1435, Assembly Bill 1817 and Senate Bill 1264, in which case Sections
1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12,
1.14, and 1.15, of this bill shall not become operative.
(n) Section 1.14 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1713, Assembly
Bill 1817, and Senate Bill 1264. It shall only become operative if
(1) all four bills are enacted and become effective on or after
January 1, 2013, (2) each bill amends Section 11165.7 of the Penal
Code, (3) Assembly Bill 1435 is not enacted or as enacted does not
amend that section, and (4) this bill is enacted after Assembly Bill
1713, Assembly Bill 1817 and Senate Bill 1264, in which case Sections
1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12,
1.13, and 1.15, of this bill shall not become operative.
(o) Section 1.15 of this bill incorporates amendments to Section
11165.7 of the Penal Code that make all of the substantive changes to
that section proposed by this bill, Assembly Bill 1435, Assembly
Bill 1713, Assembly Bill 1817, and Senate Bill 1264. It shall only
become operative if (1) all five bills are enacted and become
effective on or after January 1, 2013, (2) each bill amends Section
11165.7 of the Penal Code, and (3) this bill is enacted last, in
which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9,
1.10, 1.11, 1.12, 1.13, and 1.14, of this bill shall not become
operative.
SEC. 2. 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.