BILL ANALYSIS                                                                                                                                                                                                    



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          SENATE THIRD READING
          SB 1264 (Vargas)
          As Amended  April 25, 2012
          Majority vote 

           SENATE VOTE  :38-0  
           
           PUBLIC SAFETY       6-0         APPROPRIATIONS      17-0        
           
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          |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Gatto, Harkey,            |
          |     |Hagman, Mitchell, Hall    |     |Blumenfield, Bradford,    |
          |     |                          |     |Charles Calderon, Campos, |
          |     |                          |     |Davis, Donnelly, Fuentes, |
          |     |                          |     |Hall, Hill, Cedillo,      |
          |     |                          |     |Mitchell, Nielsen, Norby, |
          |     |                          |     |Solorio, Wagner           |
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           SUMMARY  :  Makes any athletic coach, including but not limited 
          to, an assistant coach or graduate assistant involved in 
          coaching at a public or private postsecondary institution, 
          mandated reporters for the purposes of the Child Abuse and 
          Neglect Reporting Act (CANRA).  

           EXISTING LAW  :

          1)Defines "mandated reporter" under CANRA as any of the 
            following:  a teacher; an instructional aide; a teacher's aide 
            or teacher's assistant employed by any public or private 
            school; a classified employee of any public school; an 
            administrative officer or supervisor of child welfare and 
            attendance, or a certificated pupil personnel employee of any 
            public or private school; an administrator of a public or 
            private day camp; an administrator or employee of a public or 
            private youth center, youth recreation program, or youth 
            organization; an administrator or employee of a public or 
            private organization whose duties require direct contact and 
            supervision of children; any employee of a county office of 
            education or the State Department of Education, whose duties 
            bring the employee into contact with children on a regular 
            basis; a licensee, an administrator, or an employee of a 
            licensed community care or child day care facility; a Head 
            Start program teacher; a licensing worker or licensing 








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            evaluator employed by a licensing agency as defined; a public 
            assistance worker; an employee of a child care institution, 
            including, but not limited to, foster parents, group home 
            personnel, and personnel of residential care facilities; a 
            social worker, probation officer, or parole officer; an 
            employee of a school district police or security department; 
            any person who is an administrator or presenter of, or a 
            counselor in, a child abuse prevention program in any public 
            or private school; a district attorney investigator, 
            inspector, or local child support agency caseworker unless the 
            investigator, inspector, or caseworker is working with an 
            attorney appointed to represent a minor; a peace officer, as 
            defined, who is not otherwise described in this section; a 
            firefighter, except for volunteer firefighters; a physician 
            and surgeon, psychiatrist, psychologist, dentist, resident, 
            intern, podiatrist, chiropractor, licensed nurse, dental 
            hygienist, optometrist, marriage and family therapist, 
            clinical social worker, professional clinical counselor, or 
            any other person who is currently licensed as a health care 
            professional as specified; any emergency medical technician I 
            or II, paramedic, or other person certified to provide 
            emergency medical services; a registered psychological 
            assistant; a marriage and family therapist trainee, as 
            defined; a registered unlicensed marriage and family therapist 
            intern; a state or county public health employee who treats a 
            minor for venereal disease or any other condition; a coroner; 
            a medical examiner, or any other person who performs 
            autopsies; a commercial film and photographic print processor, 
            as defined; 
          a child visitation monitor, as defined; an animal control 
            officer or humane society officer, as defined; a clergy 
            member, as defined; any custodian of records of a clergy 
            member, as specified; any employee of any police department, 
            county sheriff's department, county probation department, or 
            county welfare department; an employee or volunteer of a Court 
            Appointed Special Advocate program, as defined; any custodial 
            officer, as defined; any person providing services to a minor 
            child, as specified; an alcohol and drug counselor, as 
            defined; a clinical counselor trainee, as defined; and a 
            registered clinical counselor intern.  

          2)Provides that volunteers of public or private organizations, 
            except a volunteer of a Court Appointed Special Advocate 
            program, whose duties require direct contact with and 








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            supervision of children are not mandated reporters but are 
            encouraged to obtain training in the identification and 
            reporting of child abuse and neglect and are further 
            encouraged to report known or suspected instances`
          3)Encourages, strongly, employers to provide their employees who 
            are mandated reporters with training in the duties imposed by 
            CANRA.  This training shall include training in child abuse 
            and neglect identification and training in child abuse and 
            neglect reporting.  Whether or not employers provide their 
            employees with training in child abuse and neglect 
            identification and reporting, the employers shall provide 
            their employees who are mandated reporters with a statement 
            that informs the employee that he or she is a mandated 
            reporter and informs the employee of his or her reporting 
            obligations and of his or her confidentiality rights.  

          4)Encourages public and private organizations to provide their 
            volunteers whose duties require direct contact with and 
            supervision of children with training in the identification 
            and reporting of child abuse and neglect.  

          5)Requires a mandated reporter to make a report to a specified 
            agency 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.  The mandated reporter shall 
            make an initial report to the agency immediately or as soon as 
            is practicably possible by telephone and the mandated reporter 
            shall prepare and send, fax, or electronically transmit a 
            written follow-up report thereof within 36 hours of receiving 
            the information concerning the incident.  The mandated 
            reporter may include with the report any nonprivileged 
            documentary evidence the mandated reporter possesses relating 
            to the incident.  

          6)Specifies that any mandated reporter who fails to report an 
            incident of known or reasonably suspected child abuse or 
            neglect as required by this section is guilty of a misdemeanor 
            punishable by up to six months confinement in a county jail or 
            by a fine of one thousand dollars ($1,000) or by both that 
            imprisonment and fine.  If a mandated reporter intentionally 
            conceals his or her failure to report an incident known by the 
            mandated reporter to be abuse or severe neglect under this 








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            section, the failure to report is a continuing offense until a 
            specified agency discovers the offense.  

          7)Defines "child" under CANRA as a person under the age of 18 
            years.  

          8)Defines "child abuse or neglect" under CANRA to include 
            physical injury or death 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.  

          9)Requires any person who reasonably believes that he or she has 
            observed the commission of any of the following offenses where 
            the victim is a child under the age of 14 years shall notify a 
            peace officer:

             a)   Murder;

             b)   Rape; and,

             c)   Any lewd or lascivious act upon or with the body, or any 
               part or member thereof, of a child with the intent of 
               arousing, appealing to, or gratifying the lust, passions, 
               or sexual desires of that person or the child by use of 
               force, violence, duress, menace, or fear of immediate and 
               unlawful bodily injury on the victim or another person.  

          10)States that the failure to notify as required pursuant to the 
            provisions above is a misdemeanor and is punishable by a fine 
            of not more than $1,500, by imprisonment in a county jail for 
            not more than six months, or by both that fine and 
            imprisonment.  

          11)Excludes from the reporting requirements above the following:

             a)   A person who is related to either the victim or the 
               offender, including a husband, wife, parent, child, 








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               brother, sister, grandparent, grandchild, or other person 
               related by consanguinity or affinity; and,

             b)   A person who fails to report based on a reasonable 
               mistake of fact.

          12)A person who fails to report based on a reasonable fear for 
            his or her own safety or for the safety of his or her family.  


           FISCAL EFFECT  :   According to the Assembly Appropriations 
          Committee:

          1)Cost pressure to University of California, California State 
            University 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 entail).  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 General Fund (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.

          4)Absorbable annual costs to Department of Justice 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  :  According to the author, "After reading the grand 








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          jury report, I got sick. I couldn't believe those men, who are 
          adults and leaders, didn't take the abuse they witnessed and 
          learned of immediately to the police.  Our children's safety 
          must always come first, and we should hold University coaches of 
          every level accountable for reporting sexual abuse."

          Please see the policy committee analysis for a full discussion 
          of this bill.
           

          Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


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