BILL ANALYSIS Ó
AB 1817
Page 1
Date of Hearing: April 10, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1817 (Atkins) - As Introduced: February 21, 2012
As Proposed to be Amended in Committee
SUMMARY : Makes commercial computer technicians mandated
reporters of suspected child abuse and neglect for the purpose
of the Child Abuse and Neglect Reporting Act (CANRA).
Specifically, this bill :
1)Makes commercial computer technicians mandated reporters for
the purpose of the CANRA.
2)Defines a "commercial computer technician" as any 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 materials
relating to the operation and maintenance of a computer or
computer network system, for a fee. A commercial computer
technician does not include a person who is mandated to report
suspected child abuse or neglect under Federal Law.
3)Defines "electronic medium" to include, but is not limited to,
a recording, CD-ROM, magnetic disc memory, magnetic tape
memory, CD, DVD, thumbdrive, or any other computer hardware or
media.
4)Merges this bill into AB 1713 (Campos), which makes an image
processor a mandated reporter of suspected child abuse and
neglect for the purpose of CANRA.
EXISTING LAW :
1)Requires that any mandated reporter who has knowledge of, or
observes, a child in his or her professional capacity or
within the scope of his or her employment whom he or she
knows, or reasonably suspects, has been the victim of child
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abuse shall report that incident immediately to a specified
child protection agency by telephone, and further requires a
written report be sent within 36 hours. ĘPenal Code Section
11166(a).]
2)Defines a "mandated reporter" under CANRA as any of the
following: a teacher; an instructional aide; a teacher's aide
or teacher's assistant employed by any public or private
school; a classified employee of any public school; an
administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of any
public or private school; an administrator of a public or
private day camp; an administrator or employee of a public or
private youth center, youth recreation program, or youth
organization; an administrator or employee of a public or
private organization whose duties require direct contact and
supervision of children; any 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; a licensee, an administrator, or an employee of a
licensed community care or child day care facility; a Head
Start program teacher; a licensing worker or licensing
evaluator employed by a licensing agency as defined; a public
assistance worker; an employee of a child care institution,
including, but not limited to, foster parents, group home
personnel, and personnel of residential care facilities; a
social worker, probation officer, or parole officer; an
employee of a school district police or security department;
any person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in any public
or private school; a district attorney investigator,
inspector, or local child support agency caseworker unless the
investigator, inspector, or caseworker is working with an
attorney appointed to represent a minor; a peace officer, as
defined, who is not otherwise described in this section; a
firefighter, except for volunteer firefighters; 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 as a health care
professional as specified; any emergency medical technician I
or II, paramedic, or other person certified to provide
emergency medical services; a registered psychological
assistant; a marriage and family therapist trainee, as
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defined; a registered unlicensed marriage and family therapist
intern; a state or county public health employee who treats a
minor for venereal disease or any other condition; a coroner;
a medical examiner, or any other person who performs
autopsies; a commercial film and photographic print processor,
as defined; a child visitation monitor, as defined; an animal
control officer or humane society officer, as defined; a
clergy member, as defined; any custodian of records of a
clergy member, as specified; any employee of any police
department, county sheriff's department, county probation
department, or county welfare department; an employee or
volunteer of a Court Appointed Special Advocate program, as
defined; any custodial officer, as defined; any person
providing services to a minor child, as specified; an alcohol
and drug counselor, as defined; a clinical counselor trainee,
as defined; and a registered clinical counselor intern.
ĘPenal Code Section 11165.7(a).]
3)Requires a commercial film and photographic print processor
who has knowledge of or observes, within the scope of his or
her professional capacity or employment, any film, photograph,
videotape, negative, or slide depicting a child under the age
of 16 years engaged in an act of sexual conduct, to
telephonically report to the law enforcement agency having
jurisdiction over the case immediately, or as soon as
practicably possible, and subsequently to prepare and send,
fax, or electronically transmit a written report with a copy
of the film, photograph, videotape, negative, or slide
attached. The written report must be transmitted within 36
hours. ĘPenal Code Section 11166(e).]
4)Provides that mandated reporters shall not incur any civil or
criminal liability for disseminating photographs with the
reports required by CANRA. ĘPenal Code Section 11172.]
5)Provides that the reporting duties under CANRA are individual,
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be
subject to any sanctions for making the report. ĘPenal Code
Section 11166(i)(1).]
6)Provides that any mandated reporter who fails to report an
incident of known or reasonably suspected child abuse or
neglect is guilty of a misdemeanor, punishable by up to six
months confinement in a county jail, or by a fine of $1,000,
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or by both imprisonment and fine. ĘPenal Code Section
11166(c).]
7)Strongly encourages employers to provide their employees who
are mandated reporters with training in the duties imposed by
CANRA. 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 a statement
that informs the employee that he or she is a mandated
reporter and informs the employee of his or her reporting
obligations and of his or her confidentiality rights. ĘPenal
Code Section 11165.7(c).]
8)Requires that any person who reasonably believes he or she has
observed the commission of a murder, rape, or lewd act upon a
child under the age of 14 years to notify a peace officer, and
provides that the failure to do so is a misdemeanor punishable
by a fine of not more than $1,500, by imprisonment in a county
jail for not more than six months, or by both that fine and
imprisonment. ĘPenal Code Section 152.3.]
9)Excludes from the reporting requirements for those three
crimes the following people:
a) A person who is related to either the victim or the
offender, including a husband, wife, parent, child,
brother, sister, grandparent, grandchild, or other person
related by consanguinity or affinity;
b) A person who fails to report based on a reasonable
mistake of fact; and
c) A person who fails to report based on a reasonable fear
for his or her own safety or for the safety of his or her
family. ĘPenal Code Section 152.3(e).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 1817 would
add commercial computer technicians to the list of mandated
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reporters of child abuse and neglect.
"Recent, high-profile cases of child sexual abuse have brought
national attention to the need for stronger protections for
children. California law currently mandates forty professions
to report suspected child abuse and neglect. Recently, one of
those professions - commercial film developers - reported to
law enforcement when they processed and identified photos of
children being sexually abused. That report led the Los
Angeles Sheriff's Department to uncover alleged long-standing
abuses of students by several teachers at Miramonte Elementary
School in South Los Angeles. This case clearly illustrates
why commercial film developers were designated as mandated
reporters in the first place.
"Like their counterparts in print media who process commercial
film and photos, commercial computer technicians are uniquely
positioned to discover child pornography in the course of
their work.
"Within the past year, other events in California, Texas, and
West Virginia have highlighted the need and value in having
computer technicians as mandated reporters. In these recent
cases, computer technicians discovered child pornography in
the routine course of repairing a computer and reported it to
law enforcement. In each case, law enforcement was then able
to identify children who had been sexually exploited in those
images.
"In 2007, the National Center for Missing and Exploited Children
reported it had identified 9.6 million images and videos of
child pornography and believed there were millions more yet to
be identified.
"To reflect advances in digital technology and the resultant
shift in how the sexual exploitation of children is hidden and
shared, California needs to update its mandated reporter law
to include computer technicians.
"Ten states have already updated their mandated reporters of
child abuse and neglect laws to include computer technicians.
Those states are: Alaska, Illinois, Michigan, Mississippi,
Missouri, North Carolina, Oklahoma, Oregon, South Carolina and
South Dakota.
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"In 2010, the Department of Justice estimated that the child
pornography industry generates over $3 billion dollars
annually and that more than 200 new images of children being
sexually abused are circulated each day to drive market
demand. Over 600,000 unique Internet Protocol (IP) addresses
(i.e., individual computers) have been tracked trading these
images in the United States alone.
"Not surprisingly, with such easy access to digital material,
traditional print media has rapidly declined as a source of
child pornography. One study found that only 18 percent of
those arrested for possession of child pornography had print
images while 96 percent had digital images. Clearly, in order
to combat the pervasiveness of child pornography and the
continued exploitation of children, California law needs to be
updated to reflect these technological changes.
"Commercial computer technicians are on the front lines for
discovering child sexual abuse and pornography. Making them
mandated reporters protects children and helps law enforcement
to find and stop the predators who abuse them."
2)Prior Legislation :
a) AB 2304 (Runner), of the 2005-06 Legislative Session,
made commercial computer technicians mandated reporters for
the purpose of CANRA. AB 2304 failed passage in the Senate
Public Safety Committee.
b) AB 1475 (Galgiani), of the 2007-08 Legislative Session,
made commercial computer technicians mandated reporters for
the purpose of CANRA. AB 1475 was held on the Senate
Appropriations' Suspense File.
REGISTERED SUPPORT / OPPOSITION :
Support
California K.I.D.S. Coalition
California Police Chiefs Association
California Society for Clinical Social Work
California State Sheriffs' Association
Central California Crimes Against Children Task Force
Child Abuse Prevention Center
Child Abuse Prevention Council of Contra Costa County
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Children Civil Rights Union
City of Vista
Community Alliance for Escondido
Crime Victims United of California
Innocent Justice Foundation
Just In Time for Foster Youth
National Association of Social Workers-California Chapter
San Bernardino County Sheriff's Office
San Diego Association of Government Public Safety Working Group
San Diego County Police Chiefs' and Sheriff's Association
San Diego Crimes Against Children Internet Task Force
Survivors Network of those Abused by Priests
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744