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."