BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 1435 (Dickinson) - Child abuse reporting: athletic personnel. Amended: June 25, 2012 Policy Vote: Public Safety 7-0 Urgency: No Mandate: Yes Hearing Date: August 16, 2012 Consultant: Jolie Onodera SUSPENSE FILE. AS PROPOSED TO BE AMENDED. Bill Summary: AB 1435 would add any athletic coach, athletic administrator, or athletic director employed by any public or private school that provides kindergarten or any of grades 1 to 12, inclusive, to the list of mandated child abuse and neglect reporters. Fiscal Impact: Potential costs, likely less than $150,000 (General Fund) 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/General Fund) 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 (General Fund) for additional misdemeanor and felony court filings. Minor, absorbable costs to the Department of Justice (DOJ) 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. Background: Current law establishes the Child Abuse and Neglect Reporting Act, which generally is intended to protect children from abuse and neglect. Existing law enumerates 40 categories of persons who are mandated child abuse and neglect reporters and 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 AB 1435 (Dickinson) Page 1 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." This bill and several others this session (see Related Legislation) have been introduced largely in response to the incidents at Penn State in 2011. Proposed Law: This bill would add any athletic coach, athletic administrator, or athletic director employed by any public or private school that provides kindergarten or any of grades 1 to 12, inclusive, to the list of mandated child abuse and neglect reporters. Related Legislation: AB 1434 (Feuer) 2012 makes an employee or administrator of a public or private postsecondary institution, whose duties bring the employee or administrator into contact with children on a regular basis or who supervises those whose duties bring the person 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, a mandated reporter. This bill is scheduled to be heard in this Committee today. AB 1438 (Bradford) 2012 expands the existing crime for failing to notify a peace officer of a specified violent crime against a child under 14 to include non-forcible child molestation. This bill has been referred to the Senate Committee on Public Safety. AB 1564 (Lara) 2012 makes volunteers of public or private organizations including nonprofit organizations, whose duties require direct contact with and supervision of children, mandated reporters. This bill was not heard in the Assembly Committee on Public Safety. AB 1713 (Campos) 2012 expands the existing definition of commercial film and photographic print processors who are mandated reporters to include several enumerated types of computer-related data and imagery. This bill is scheduled to be heard in this Committee today. AB 1817 (Atkins) 2012 would make commercial computer technicians, as specified, mandated reporters. This bill has AB 1435 (Dickinson) Page 2 been referred to this Committee for analysis. SB 1264 (Vargas) 2012 would add to the existing list of mandated reporters any athletic coach, including, but not limited to, an assistant coach or a graduate assistant involved in coaching, at public or private postsecondary institutions. This bill has been referred to the Assembly Committee on Appropriations. Staff Comments: Under current law, there are 40 enumerated categories of mandated reporters including teachers, instructional aides and others, which already may include the athletic coaching personnel covered by the provisions of this bill. Current statute, for example, makes an administrator or employee of a public or private youth center, youth recreation program, or youth organization a mandated reporter of child abuse or neglect. To the extent this bill expands the number of mandated reporters could result in an increased number of incidents reported and prosecuted, resulting in annual state incarceration costs of $50,000 to $150,000 General Fund. The Judicial Council may incur increased misdemeanor filings related to a mandated reporter's failure to report an incident of child abuse or neglect, as well as increased felony filings for investigated reports of abuse that could lead to prosecution and incarceration. The annual impact to the Judicial Branch could range from approximately $25,000 to $50,000 for 50 misdemeanor filings or 25 felony filings per year. Local law enforcement could also incur non-reimbursable enforcement costs due to increased reporting and investigations, as well as enforcement costs associated with failure to report, offset to a degree by fine revenue. Proposed Author Amendments: Add double-jointing language.