BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1817| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 § CONTINUED AB 1817 Page 2 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 CONTINUED AB 1817 Page 3 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 CONTINUED AB 1817 Page 4 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 CONTINUED AB 1817 Page 5 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 CONTINUED AB 1817 Page 6 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. CONTINUED AB 1817 Page 7 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, CONTINUED AB 1817 Page 8 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 **** END **** CONTINUED