BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 1713 (Campos) - Child abuse reporting: image processors. Amended: As Introduced 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 1713 would expand the definition of commercial film and photographic print processor to include "image" processors for purposes of mandated child abuse and reporting laws, as specified. Fiscal Impact: Potential ongoing costs to the Department of Corrections and Rehabilitation (CDCR), 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, potentially 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: Existing 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 1713 (Campos) 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." Under existing law, a mandated reporter includes a commercial film and photographic print processor, which is defined as "any 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 person; it does not include a person who develops film or makes prints for a public agency." This bill proposes to revise and update existing law in light of the widespread creation, duplication, and printing of digital images via computers and other related image processes in use today. Proposed Law: This bill would expand the definition of commercial film and photographic print processor to include "image processor" as any person 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. 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 1435 (Dickinson) 2012 makes an 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, a mandated reporter. This bill is scheduled to be heard in this Committee today. AB 1713 (Campos) Page 2 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 1817 (Atkins) 2012 would make commercial computer technicians, as specified, mandated reporters. This bill has 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: To the extent this bill expands the number of mandated reporters and/or the scope of reporting requirements could result in an increased number of incidents reported and prosecuted, resulting in increased state incarceration costs, likely less than $150,000 General Fund per year. Additionally, this bill could result in increased county child welfare agency workload to field and investigate additional mandated reports. Fiscal responsibility for the Child Welfare Services (CWS) program was realigned to the counties under 2011Public Safety Realignment. Staff notes that pursuant to the recently enacted public safety realignment budget trailer bill, SB 1020 (Committee on Budget and Fiscal Review) Chapter 40/2012, for any new program or higher level of service provided by a local agency above the level for which funding has been provided for public safety services including preventing child abuse, neglect, or exploitation, the state could be required to provide 50 percent of the nonfederal share of any increased costs. 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 AB 1713 (Campos) Page 3 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 or 25 felony filings per year. Local law enforcement will 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. Recommended Amendments: Existing law does not include a person who develops film or makes prints for a public agency as a "commercial film and photographic print processor" for purposes of mandated reporting. Given the expansion of the definition of "commercial film and photographic print processor" to include "image" processors, staff recommends an amendment to revise the criteria relating to public agencies to reference "images" to maintain the existing exemption afforded to public agencies, as follows: "The term includes any employee of such a person; it does not include a person who develops film or makes prints or images for a public agency." Proposed Author Amendments: Accept the staff recommendation noted above.