BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1264
Author: Vargas (D)
Amended: 8/24/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/17/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 38-0, 5/31/12 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: Runner, Strickland
ASSEMBLY FLOOR : Not available
SUBJECT : Mandated child abuse and neglect reporters
SOURCE : Author
DIGEST : This bill adds any athletic coach, including,
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but not limited to, an assistant coach or a graduate
assistant involved in coaching, at public or private
postsecondary institutions," as a mandated child abuse and
neglect reporter, and to raise penalties relating to
failure to report, including fine increases and making an
existing misdemeanor a felony punishable by state prison.
Assembly Amendments add double-jointing language with AB
1434 (Feuer), AB 1435 (Dickinson), AB 1713 (Campos) and AB
1817 (Atkins).
ANALYSIS : Existing law generally requires any person who
reasonably believes that he or she has observed the
commission of a murder, rape or forcible molestation
against a child under the age of 14 years to notify a peace
officer, as specified. These provisions do not apply to a
person who is related to either the victim or the offender,
including a husband, wife, parent, child, brother, sister,
grandparent, grandchild, or other person related by
consanguinity or affinity; a person who fails to report
based on a reasonable mistake of fact; or 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.
Violation of this provision is a misdemeanor punishable by
a fine of not more than $1,500, by imprisonment in jail for
not more than six months, or by both that fine and
imprisonment. (Penal Code Section 152.3.)
Existing law establishes the Child Abuse and Neglect
Reporting Act (CANRA), which generally is intended to
protect children from abuse and neglect. (Penal Code
Section 11164.)
Existing law requires "mandated reporters" to make reports
of suspected child abuse or neglect, as specified. (Penal
Code Section 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
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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 Section 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 Section 11166(a).)
Existing law enumerates 40 categories of persons who are
mandated child abuse and neglect reporters. (Penal Code
Section 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 Section 11165.7(b).)
This bill makes "(a)ny athletic coach, including, but not
limited to, an assistant coach or a graduate assistant
involved in coaching, at public or private postsecondary
institutions," a mandated child abuse and neglect reporter
under these provisions.
This bill is double-joined with AB 1434 (Feuer), AB 1435
(Dickinson), AB 1713 (Campos) and AB 1817 (Atkins).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
First-year cost pressure to public postsecondary
institutions in the range of $450,000 (General Fund) to
develop training modules, policies and forms.
Annual cost pressure in the hundreds of thousands to
public postsecondary institutions for ongoing training
costs.
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Annual cost pressure in the range of $200,000 (General
Fund) for administrative costs to public postsecondary
institutions associated with noticing, tracking, and
compliance.
Potential 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 $100,000 (Trial Court Trust Fund) for
additional misdemeanor and felony court filings.
Minor, absorbable costs to the Department of Justice to
process additional CANRA reports.
Unknown, non-reimbursable local law enforcement costs for
additional reporting and investigation.
SUPPORT : (Verified 8/28/12)
American Academy of Pediatrics - California
California Probation, Parole, and Correctional Association
California State Sheriffs' Association
Child Abuse Prevention Center
Crime Victims United of California
Legal Services for Prisoners with Children
Los Angeles County District Attorney's Office
University of California
ARGUMENTS IN SUPPORT : According to the author:
Abuse and (neglect) inflicted upon children is
something that our state has many laws and provisions
against. According to the California Department of
Social Services, the first child abuse reporting law
in California was enacted in 1963. The early laws
mandated only physicians to report physical abuse.
Over the years, numerous amendments have expanded the
definition of child abuse and the persons required to
report. Procedures for reporting categories of child
abuse have also been clarified through legislation
over the last fifty years. This bill proposes
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necessary changes to the mandated reporter laws in
order to be sure that those who work in close
proximity with children are ultimately responsible for
the well-being of those children.
At the end of 2011, prosecutors filed criminal charges
against Jerry Sandusky, the assistant football coach
at Penn State for nearly fifteen years, for alleged
sexual abuse charges. In the case against Sandusky,
the Grand Jury found that there had been at least
eight victims of sexual assaults throughout his career
at Penn State. The head coach of the Penn State
football team, Joe Paterno, allegedly knew of
instances of sexual abuse but failed to report these
directly to Child Welfare Services. Instead, he
reported to a supervisor who also failed to report to
Child Welfare Services. According to the author,
"these men protected their football team rather than
the innocent boys? and Ýthis] should never happen
again."
According to the American Academy of Pediatrics, "A
child is abused every 7 minutes in California.
Existing California law requires mandated reporters to
report when he/she has knowledge of, or has observed a
child whom, the mandated reporter know or reasonably
suspects has been the victim of child abuse or
neglect. Passing the bill would extend mandated
reporters of child abuse and neglect to include
postsecondary coaches and employees, at public or
private institutions, serving in a coaching capacity.
In (light) of recent events, it is imperative that the
net of mandated reporters and the penalties for
failure to report be re-evaluated. This amendment to
the current Child Abuse and Neglect Reporting Act
serves as a means to hold institutions accountable if
there is any impedance to reporting or any cover-up
surrounding any abuse. The proposed legislation would
insure that athletic coaches of all capacities be held
responsible for reporting instances of child sexual
abuse or neglect, and would also increase the
penalties for failure to report.
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RJG:n 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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