BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1817|
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                                 THIRD READING


          Bill No:  AB 1817
          Author:   Atkins (D), et al.
          Amended:  8/24/12 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 6/19/12
          AYES:  Hancock, Anderson, Calderon, Harman, Liu, Price, 
            Steinberg

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 8/16/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg

           ASSEMBLY FLOOR  :  75-0, 5/29/12 - See last page for vote


           SUBJECT  :    Child abuse reporting

           SOURCE  :     California Keeping Innocence Digitally Safe 
          Coalition


           DIGEST  :    This bill adds commercial computer technicians 
          as mandated child abuse and neglect reporters, as 
          specified.

           Senate Floor Amendments  of 8/24/12 are non-substantive 
          chaptering amendments.

           ANALYSIS  :    Existing law establishes the Child Abuse and 
          Neglect Reporting Act (CANRA), which generally is intended 
          to protect children from abuse and neglect.  (Penal Code § 
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          11164.)

          Existing law requires "mandated reporters" to make reports 
          of suspected child abuse or neglect, as specified.  (Penal 
          Code § 11165.9.)

          Under existing law the term "child abuse or neglect" for 
          purposes of CANRA "includes physical injury inflicted by 
          other than accidental means upon a child by another person, 
          sexual abuse as defined?, neglect as defined?, the willful 
          harming or injuring of a child or the endangering of the 
          person or health of a child, as defined?, and unlawful 
          corporal punishment or injury as defined?.  'Child abuse or 
          neglect' does not include a mutual affray between minors.  
          'Child abuse or neglect' does not include an injury caused 
          by reasonable and necessary force used by a peace officer 
          acting within the course and scope of his or her employment 
          as a peace officer."  (Penal Code § 11165.6.)

          Existing law 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 mandated reporter knows or 
          reasonably suspects has been the victim of child abuse or 
          neglect."  (Penal Code § 11166(a).)

          Existing law enumerates 40 categories of persons who are 
          mandated child abuse and neglect reporters. (Penal Code § 
          11165.7 (a).)  Except as specified, Existing law provides 
          that "volunteers of public or private organizations whose 
          duties require direct contact with and supervision of 
          children are not mandated reporters ?."  (Penal Code § 
          11165.7(b).)

          Existing law makes the following persons mandated 
          reporters:

               A commercial film and photographic print processor, as 
               specified in subdivision (e) of Section 11166.  As 
               used in this article, "commercial film and 
               photographic print processor" means any person who 
               develops exposed photographic film into negatives, 
               slides, or prints, or who makes prints from negatives 

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               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 broadens this provision to include an "image" 
          processor, and expressly include 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." 
           

          Existing law provides that any "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, shall report the 
          instance of suspected child abuse to the law enforcement 
          agency having jurisdiction over the case immediately, or as 
          soon as practicably possible, by telephone and shall 
          prepare and send, fax, or electronically transmit a written 
          report of it with a copy of the film, photograph, 
          videotape, negative, or slide attached within 36 hours of 
          receiving the information concerning the incident," as 
          specified.  (Penal Code § 11166(e).)

          This bill revises this provision to include "image" 
          processors, and any "slide, or any representation of 
          information, data, or an image, including, but not limited 
          to, a 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,?."

          This bill also adds the following enumerated category of 
          mandated reporter:

               A commercial computer technician as specified in 

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               subdivision (e) of Section 11166.  As used in this 
               article, "commercial computer technician" means 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 provides that, "(a)ny commercial computer 
          technician who 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 not limited, to any computer hardware, 
          computer software, computer file, computer 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, shall 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 shall 
          prepare and send, fax, or electronically transmit a written 
          follow-up report of the incident with a brief description 
          of the images or materials."
           
          As used in this subdivision, "electronic medium" would 
          "include, but not be limited to, a recording, CD-ROM, 
          magnetic disk memory, magnetic tape memory, CD, DVD, 
          thumb-drive, or any other computer hardware or media."

          This bill additionally provides that any commercial 
          computer technician and their employer who provides access 

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          to a computer or computer component in their possession in 
          response to a request from a government agency, "shall not 
          incur civil or criminal liability as a result of providing 
          access to the government agency."

          This bill is double-jointed with AB 1713 (Campos) which is 
          on the Senate Appropriations suspense file.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

          According to the Senate Appropriations Committee:

           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 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.

           SUPPORT  :   (Verified  8/27/12)

          California Keeping Innocence Digitally Safe Coalition 
          (source)
          CA Legislation 
          California Police Chiefs Association 
          California Protective Parents Association
          California Society for Clinical Social Work
          California State Sheriffs Association

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          Central California Internet Crimes Against Children Task 
          Force
          Child Abuse Prevention Center
          Child Abuse Prevention Council of Contra Costa County
          Children's Civil Rights Union
          City of Vista
          Community Alliance for Escondido
          Crime Victims Action Alliance
          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 Governments Public Safety Working 
          Group
          San Diego County Police and Sheriffs Association 
          San Diego County Sheriff's Office
          San Diego Internet Crimes Against Children Task Force
          Silicon Valley Internet Crimes Against Children Task Force
          Survivors Network of Those Abused by Priests

           ARGUMENTS IN SUPPORT  :    According to the author:

               Under Existing law, commercial film and photographic 
               print processors are required to be mandated reporters 
               of child abuse and neglect.  They bear this 
               responsibility because they are in a unique position 
               to discover child pornography during the course of 
               their work.

               However, laws designed for traditional "print media" 
               are no longer adequate in today's digital world.  The 
               vast majority of sexual exploitation of children is 
               now hidden on personal computers and on the internet?. 
                

               Child pornography can now exist and be shared 
               electronically in perpetuity from possessor to 
               possessor.  ?   

               In 2007, the National Center for Missing and Exploited 
               Children had identified 9.6 million images and videos 
               of child pornography and believed there were millions 
               more yet to be identified.  And in 2010, the U.S. 

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               Department of Justice reported that over 600,000 
               unique Internet Protocol (IP) addresses (i.e., 
               individual computers) have been tracked trading these 
               images in the United States alone.

               Under federal law (U.S.C. § 2258A), electronic 
               communication service providers and remote computing 
               service providers are already required to be mandated 
               reporters of child pornography.  However, this duty 
               does not extend to other businesses which are engaged 
               in repairing, installing, or otherwise servicing a 
               computer or computer components.

               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.

               While ten (10) other states have already taken action, 
               California law has not been updated to address these 
               advances in technology.  

               Like their counterparts in print media who process 
               commercial film and photos, commercial computer 
               technicians can help protect children by assisting law 
               enforcement to find and stop the predators who abuse 
               them.


           ASSEMBLY FLOOR  :  75-0, 5/29/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, 
            Brownley, Buchanan, Butler, Charles Calderon, Campos, 
            Carter, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth 
            Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, 
            Hagman, Halderman, Harkey, Hayashi, Roger Hernández, 
            Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, 
            Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, 

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            Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, 
            Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, 
            Skinner, Smyth, Solorio, Swanson, Torres, Valadao, 
            Wagner, Williams, Yamada, John A. Pérez
          NO VOTE RECORDED:  Cedillo, Fletcher, Hall, Norby, 
            Wieckowski


          RJG:n  8/27/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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