BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1434|
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                                 THIRD READING


          Bill No:  AB 1434
          Author:   Feuer (D)
          Amended:  8/22/12 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/19/12
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg
           
          SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/16/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg
           
          ASSEMBLY FLOOR  :  73-0, 4/12/12 - See last page for vote


            SUBJECT  :    Mandatory child abuse and neglect reporting:  
                      employees of higher education institutions

           SOURCE  :     Childrens Advocacy Institute


           DIGEST  :    This bill adds employees and administrators of a 
          public or private postsecondary institution, as to child 
          abuse or neglect occurring on that institution's premises 
          or at an official activity of, or program conducted by, the 
          institution" as mandated child abuse and neglect reporters, 
          as specified.

           Senate Floor Amendments  of 8/22/12 add technical chaptering 
          amendments.

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           ANALYSIS  :    Existing law establishes the Child Abuse and 
          Neglect Reporting Act (CANRA), which generally is intended 
          to protect children from abuse and neglect.  (Penal Code 
          (PEN) Section 11164)

          Existing law requires "mandated reporters" to make reports 
          of suspected child abuse or neglect, as specified.  (PEN 
          Section 11165.9)

          Under existing law the term "child abuse or neglect" for 
          purposes of CANRA "includes physical injury inflicted by 
          other than accidental means upon a child by another person, 
          sexual abuse as defined . . . , neglect as defined . . . , 
          the willful harming or injuring of a child or the 
          endangering of the person or health of a child, as defined 
          . . . , and unlawful corporal punishment or injury as 
          defined . . . .  'Child abuse or neglect' does not include 
          a mutual affray between minors.  'Child abuse or neglect' 
          does not include an injury caused by reasonable and 
          necessary force used by a peace officer acting within the 
          course and scope of his or her employment as a peace 
          officer."  (PEN Section 11165.6)

          Existing law provides that, except as specified, "a 
          mandated reporter shall make a report  . . . whenever the 
          mandated reporter, in his or her professional capacity or 
          within the scope of his or her employment, has knowledge of 
          or observes a child whom the mandated reporter knows or 
          reasonably suspects has been the victim of child abuse or 
          neglect."  (PEN Section 11166(a))

          Existing law enumerates 40 categories of persons who are 
          mandated child as specified, existing law provides that 
          "volunteers of public or private organizations whose duties 
          require direct contact with and supervision of children are 
          not mandated reporters . . . ."  (PEN Section 11165.7(b))

          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, 

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          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.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

             First-year cost pressure to public postsecondary 
             institutions potentially in excess of $200,000 (General 
             Fund (GF)) to develop training modules, policies and 
             forms.

             Annual cost pressure to public postsecondary 
             institutions for ongoing training and administrative 
             costs associated with noticing, tracking, and 
             compliance. 

             Potential costs, likely less than $150,000 (GF) for 
             increased state prison commitments to the extent 
             increasing the number of mandated reporters results in 
             additional felony convictions.

             Potential ongoing costs (Local Revenue Fund 2011/GF) to 
             county child welfare services departments for fielding 
             and investigation of increased mandated reports. 

             Ongoing costs to the Judicial Branch, likely in the 
             range of $25,000 to $50,000 (GF) for additional 
             misdemeanor and felony court filings.

             Minor, absorbable costs to the Department of Justice to 
             process additional CANRA reports.

             Non-reimbursable local law enforcement costs due to 
             additional reporting and investigation, as well as 
             increased enforcement for failure to report, offset to a 
             degree by fine revenue.

           SUPPORT  :   (Verified  8/22/12)


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          Children's Advocacy Institute (source)
          California Narcotic Officers' Association
          California Police Chiefs Association
          California Probation, Parole and Correctional Association
          California Protective Parents Association
          California State Sheriffs' Association
          Child Abuse Prevention Center
          Crime Victims Action Alliance
          Crime Victims United of California
          Peace Officers of California
          University of California

           OPPOSITION  :    (Verified  8/22/12)

          American Association for Marriage and Family Therapy, 
          California Division

           ARGUMENTS IN SUPPORT  :    The author states in part:

             This bill closes the gap in current law where college 
             employees who are not otherwise mandated reporters are 
             not required to report to law enforcement suspicions of 
             child abuse on college campuses or college campus 
             sponsored events.

             California Community Colleges:  AB 1434 would expand 
             mandated reporter requirements to all California 
             Community College employees.  CCCs have many minor 
             students who would be protected by the provisions of 
             this bill. 

              . . .  Further, this bill helps protect children who 
             participate in programs that use community college 
             facilities.

             The CCC's Chancellor's office has put forth the legal 
             opinion that some California community college employees 
             are implicitly subject to mandated reporter 
             requirements.  That opinion states that employees of 
             community colleges who would regularly and continuously 
             come into contact with children in a way that would make 
             apparent evidence child abuse or neglect (Legal Opinion 
             L 02-03, attached).  . . .   


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             Four-year Public and Private Postsecondary Institutions: 
             AB 1434 would expand mandated reporter requirements to 
             all 4-year public and private postsecondary institution 
             employees.  This bill would help protect students under 
             18, as well as children participating in activities on 
             4-year college campuses.  Some employees of the 
             California State University, University of California, 
             and private postsecondary institutions are already 
             subject to mandated reporter requirements for other 
             reasons (for instance, child care providers at a day 
             care for students' children, or health care providers at 
             a college health clinic).  


           ASSEMBLY FLOOR  :  73-0, 4/12/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Campos, Carter, Chesbro, 
            Conway, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, 
            Fuentes, Beth Gaines, Galgiani, Gatto, Gordon, Gorell, 
            Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger 
            Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, 
            Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, 
            Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, 
            Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, 
            Portantino, Silva, Skinner, Smyth, Solorio, Swanson, 
            Torres, Valadao, Wagner, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Charles Calderon, Cedillo, Cook, 
            Fletcher, Furutani, Garrick, Wieckowski


          RJG:k  8/23/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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