BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1264
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          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 1264 (Vargas) - As Amended:  April 25, 2012 

          Policy Committee:                             Public 
          SafetyVote:6-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill adds athletic coaches at public or private colleges to 
          the list of mandated reporters for purposes of the Department of 
          Justice's (DOJ) Child Abuse and Neglect Reporting Act (CANRA), 
          which requires 40 specified classes of mandated reporter to 
          report suspected incidents of child abuse to a specified child 
          protection agency. (Failure to report is a misdemeanor, 
          punishable by up to six months in the county jail and/or a fine 
          of up to $1,000.)

           FISCAL EFFECT

          1)  Cost pressure to UC, CSU and the California Community 
            Colleges, potentially in the range of several hundred 
            thousands of dollars total, for mandated reporter training and 
            administrative costs (providing employees a statement that 
            they are now mandated reporters and what the requirements 
            entails). It is important to note, however, that while statute 
            encourages training, it does not require it, and there are 
            existing mandated reporter training materials that would 
            likely make the costs of such training absorbable.

          2)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. 

          3)Potentially minor annual GF costs, likely less than $150,000, 
            to the extent the state is required to fund additional social 
            workers to respond to increased workload. 









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          4)Absorbable annual costs to DOJ to process additional CANRA 
            reports.

          5)Unknown minor nonreimbursable local law enforcement costs for 
            additional reporting and investigation.  

          6)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.  According to the author, "This bill responds to the 
            shocking and tragic allegations at Penn State, where campus 
            employees and administrators failed to report multiple claims 
            of abuse.  According to the author, thousands of minor 
            children spend time on California college campuses, for 
            activities ranging from soccer tournaments to academic 
            programs to school tours. The author contends this bill 
            addresses a gap in mandated reporter law that does not require 
            college employees who are not otherwise mandated reporters to 
            report child abuse to law enforcement.

           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 alcohol and drug counselors, 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)Current law already makes failure to report observance of a 
            forcible sexual offense involving a person under 14 a 
            misdemeanor  . In the case of the Penn State scandal, it appears 
            this type of situation could have been charged under Penal 
            Code 152.3 in California, as many courts and juries would not 
            likely find that a sexual act between an adult male and a 
            10-year-old boy was non-forcible or consensual.

           4)Prevalence of coach-related abuse incidents.  There does not 








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            appear to be a body of research relating to sexual abuse by 
            coaches. In general, research indicates that most sexual abuse 
            - estimates run up to 90% - is committed by a person a child 
            knows and trusts, generally by family members, but friends and 
            others with ready and repeated access to children, including 
            coaches and religious and youth leaders, are also cited in 
            research. Most studies indicate that as many as 90% of 
            offenders are male, and that up to 50% are minors themselves.  


           5)Related Pending Legislation  .

               AB 1434 (Feuer), pending in Senate Appropriations, makes an 
               employee or administrator of a public or private 
               postsecondary institution whose duties bring the person 
               into contact with children on a regular basis, to the list 
               of mandated child abuse and neglect reporters.

             a)   AB 1435 (Dickenson), pending in Senate Appropriations, 
               makes athletic coaches, athletic administrators, and 
               athletic directors employed by public or private schools 
               mandated reporters and requires training.

             b)   AB 1713 (Campos), pending in Senate Appropriations, 
               expands the list of mandated reporters to include 
               commercial-film and photographic-print or image processors. 
                

             c)   AB 1817 (Atkins), pending on Senate Appropriations, 
               expands the list of mandated reporters to include 
               commercial computer technicians.  


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081