BILL ANALYSIS Ó
AB 1817
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Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1817 (Atkins) - As Amended: May 7, 2012
Policy Committee: Public
SafetyVote: 5-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
As proposed to be amended, this bill adds commercial computer
technicians to the list of mandated reporters of suspected child
abuse and neglect for the purpose of the Child Abuse and Neglect
Reporting Act (CANRA). Specifically, this bill:
1)Defines a commercial computer technician as any person who
works for a company in the business of installing or servicing
computer component for a fee.
2)Specifies that any commercial computer technician who has
knowledge of, in the scope of employment, any representation
of information, data, or an image, including any computer
hardware, software, files, disks, computer generated equipment
or image that is intentionally saved, transmitted, or
organized, which depicts a child under the age of 16 engaged
in sexual conduct, shall as soon as practically possible
report the instance to local law enforcement by telephone.
Within 36 hours the reporter shall transmit a follow-up report
with a brief description of the image or material, or a copy
if it is in the reporter's possession.
FISCAL EFFECT
1)Potentially minor annual GF costs, likely less than $150,000,
for increased state prison commitments to the extent
increasing the number of mandated reporters results in
additional state prison commitments.
2)Potentially minor annual GF costs, likely less than $150,000,
to the extent the state is required to fund additional social
AB 1817
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workers to respond to increased workload.
3)Absorbable annual costs to DOJ to process additional CANRA
reports.
4)Unknown minor nonreimbursable local law enforcement costs for
additional reporting and investigation.
5)Unknown, minor nonreimbursable local costs for prosecution and
punishment of mandated reporters who fail to report, offset to
some extent by increased fine revenue.
COMMENTS
1)Rationale. The author's intent is to update the mandated
reporter statute to include computer technicians and
computer-related technology.
According to the author, "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?
"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.
2)Current law specifies a long list of a mandated reporters,
including teachers, specified school employees, day camp
administrators, social workers, firefighters, physicians,
coroners, clergy, and commercial film and photographic print
processors, who if they have knowledge of a child in his or
her professional capacity or within the scope of his or her
employment, being abused or neglected, must report the
incident to law enforcement or child protection authorities as
soon as possible, with a written report within 36 hours. The
authorities who receive the reports are in turn required to
provide substantiated reports to the DOJ, which serves as a
repository of the information in the Child Abuse Central Index
(CACI).
3)Author amendments delete provisions related to image
processors, which is the subject of AB 1713 (Campos), also
before the committee today.
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4)Related Pending Legislation .
a) AB 1434 (Feuer), makes higher education employees
mandated reporters, as specified. AB 1434 is pending in
Senate Public Safety.
b) AB 1435 (Dickenson) makes athletic coaches, athletic
administrators, and athletic directors employed by a public
or private youth center, youth recreation program, or youth
organization mandated reporters and requires training. AB
1435 is on this committee's Suspense File.
c) AB 1438 (Bradford) makes it a misdemeanor to fail to
report to a peace officer an instance of known or suspected
child sexual abuse. AB 1438 is pending in Senate Public
Safety.
d) AB 1713 (Campos) expands the definition of photo print
processors to include image processors. AB 1713 is before
this committee today.
e) SB 1264 (Vargas) expands the list of mandated reporters
to include athletic coaches at public or private
postsecondary institutions, and increases the penalties for
failure to report an incident. SB 1264 is pending in
Senate Appropriations.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081