BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair AB 1817 (Atkins) - Child abuse reporting: commercial computer technicians. Amended: June 26, 2012 Policy Vote: Public Safety 7-0 Urgency: No Mandate: Yes Hearing Date: August 16, 2012 Consultant: Jolie Onodera SUSPENSE FILE. Bill Summary: AB 1817 would add "commercial computer technicians" to the list of mandated child abuse and neglect reporters, as specified. Fiscal Impact: Potential ongoing 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. 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. Potential ongoing costs (Local Revenue Fund 2011/General Fund) to county child welfare services departments for fielding and investigation of increased mandated reports. 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 employment, has knowledge of or observes a child whom the AB 1817 (Atkins) Page 1 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 seeks to reflect advances in digital technology and update the mandated reporter statute to include computer technicians and computer-related technology. Proposed Law: This bill would add the category of "commercial computer technician" to the list of mandated reporters of child abuse and neglect. Specifically, this bill would define "commercial computer technician" as a 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 material relating to the operation and maintenance of a computer or computer network system, for a fee. An employer who provides an electronic communications service or a remote computing service to the public shall be deemed to comply with this article if that employer complies with Section 2258A of Title 18 of the United States Code. This bill would authorize an employer of a commercial computer technician to implement internal procedures for facilitating reporting, and may direct employees who are mandated reporters to report specified materials to an employee designated to receive the reports. Any employee so designated by the employer to receive the reports is required to be a commercial computer technician. A commercial computer technician who makes a report to the designated employee shall be deemed to have complied with the mandated reporter requirements, as specified. This bill would require a commercial computer technician to report when he or she has knowledge of or observes, within the scope of his or her professional capacity or employment, any representation of information, data, or an image, including, but AB 1817 (Atkins) Page 2 not limited to, any computer hardware, software, file, floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image that is retrievable in perceivable form and that is intentionally saved, transmitted, or organized on an electronic medium, depicting a child under 16 years of age engaged in an act of sexual conduct, to immediately, or as soon as practicably possible, telephonically report the instance of suspected abuse to the law enforcement agency located in the county in which the images or material are seen. As soon as practicably possible after receiving the information concerning the incident, the reporter would be required to prepare and send, fax, or electronically transmit a written follow-up report of the incident with a brief description of the images or materials. This bill would additionally provide that any commercial computer technician and any employer of a commercial computer technician who, pursuant to a warrant from a law enforcement agency investigating a report of child abuse or neglect, provides the law enforcement agency with a computer or computer component which contains possible evidence, shall not incur civil or criminal liability as result of providing that computer or component to the law enforcement agency. This bill includes double-jointing language with AB 1713 (Campos) to avoid chaptering out issues. 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 currently on the Suspense File of this Committee. 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 currently on the Suspense File of this Committee. AB 1438 (Bradford) 2012 expands the existing crime for failing AB 1817 (Atkins) Page 3 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 currently on the Suspense File of this Committee. 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: This bill would add the new category of "commercial computer technician" to the enumerated list of mandated reporters of child abuse and 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). 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 potentially incur increased misdemeanor AB 1817 (Atkins) Page 4 and felony filings related to a mandated reporter's failure to report an incident of child abuse or neglect, as well as increased reports of abuse or neglect 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 new 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: Staff recommends an amendment to Section 11165.7(a)(29) of the Penal Code in Section 1.5 of the bill to be consistent with a recommended amendment to AB 1713 (Campos), 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."