BILL NUMBER: SB 1551 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator Vargas
FEBRUARY 24, 2012
An act to amend Section 11165.7 of add
Article 2.3 (commencing with Section 11163.7) to Chapter 2 of Title 1
of Part 4 of the Penal Code, relating to child sexual
abuse and neglect .
LEGISLATIVE COUNSEL'S DIGEST
SB 1551, as amended, Vargas. Child sexual abuse
and neglect : mandated reporting.
Existing law, the Child Abuse Neglect and Reporting Act, makes
certain persons mandated reporters. Under existing law, mandated
reporters are required to 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. Failure of a mandated reporter to report an
incident of known or reasonably suspected child abuse or neglect is a
misdemeanor.
This bill would require any competent adult, as defined, to report
a reasonable suspicion of child sexual abuse and would make failure
to report punishable by a range of fines and imprisonment based on
the level of the failure. By creating a new crime, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2.3 (commencing with
Section 11163.7) is added to Chapter 2 of Title 1 of Part
4 of the Penal Code , to read:
Article 2.3. Child Sexual Abuse Reporting
11163.7. A competent adult who becomes aware of information or
evidence that would cause a reasonable suspicion of child sexual
abuse is required to report that information to state or local law
enforcement or to county child protective services within 72 hours.
11163.75. For purposes of this article, the following definitions
shall apply:
(a) "Competent adult" means a person who is 18 years of age or
older and who has no mental or developmental disabilities that would
impair his or her ability to make a reasoned judgment as to whether a
child may have been subjected to sexual abuse.
(b) "Reasonable suspicion" shall have the same meaning as in
Section 11166.
(c) "Sexual abuse" shall have the same meaning as in Section
11165.1.
11163.8. A competent adult who fails to report child sexual abuse
as required by Section 11163.7 shall be subject to the following
penalties:
(a) A person who fails to report when the unreported information
or evidence would cause a reasonable suspicion of child sexual abuse,
for instance receipt of multiple sources of third-hand information,
is guilty of negligent failure to report, a misdemeanor punishable by
up to six months in county jail, a fine of one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) A person who fails to report when the unreported information
or evidence would cause a strong reasonable suspicion of child sexual
abuse, for instance receipt of multiple sources of secondhand
information, is guilty of failure to report, a misdemeanor punishable
by up to one year in county jail, a fine of two thousand five
hundred dollars ($2,500), or by both that fine and imprisonment.
(c) A person who fails to report when the unreported information
or evidence would cause a reinforced reasonable suspicion of child
sexual abuse, for instance receipt of multiple sources of firsthand
information, is guilty of gross failure to report, a felony
punishable by three years confinement in county jail pursuant to
subdivision (h) of Section 1170, a fine of five thousand dollars
($5,000), or by both that fine and imprisonment.
(d) A person who engages in intentional conduct, who acts to
hinder the discovery of information or evidence, who conceals,
alters, or destroys information or evidence, or who tampers with,
coerces, influences, or intimidates a witness, relating to child
sexual abuse is guilty of aggravated failure to report, a felony
punishable by 10 years in state prison, a fine of ten thousand
dollars ($10,000), or by both that fine and imprisonment.
11163.85. Notwithstanding any other law, a complaint may be filed
for violation of any crime listed in Section 11163.8 within five
years of the occurrence.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. Section 11165.7 of the Penal Code is
amended to read:
11165.7. (a) As used in this article, "mandated reporter" is
defined as any of the following:
(1) A teacher.
(2) An instructional aide.
(3) A teacher's aide or teacher's assistant employed by any public
or private school.
(4) A classified employee of a public school.
(5) An administrative officer or supervisor of child welfare and
attendance, or a certificated pupil personnel employee of a public or
private school.
(6) An administrator of a public or private day camp.
(7) An administrator or employee of a public or private youth
center, youth recreation program, or youth organization.
(8) An administrator or employee of a public or private
organization whose duties require direct contact and supervision of
children.
(9) An 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.
(10) A licensee, administrator, or employee of a licensed
community care or child day care facility.
(11) A Head Start program teacher.
(12) A licensing worker or licensing evaluator employed by a
licensing agency as defined in Section 11165.11.
(13) A public assistance worker.
(14) An employee of a child care institution, including, but not
limited to, foster parents, group home personnel, and personnel of
residential care facilities.
(15) A social worker, probation officer, or parole officer.
(16) An employee of a school district police or security
department.
(17) A person who is an administrator or presenter of, or a
counselor in, a child abuse prevention program in a public or private
school.
(18) A district attorney investigator, inspector, or local child
support agency caseworker unless the investigator, inspector, or
caseworker is working with an attorney appointed pursuant to Section
317 of the Welfare and Institutions Code to represent a minor.
(19) A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, who is not otherwise described in
this section.
(20) A firefighter, except for volunteer firefighters.
(21) 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 other person who
is currently licensed under Division 2 (commencing with Section 500)
of the Business and Professions Code.
(22) An emergency medical technician I or II, paramedic, or other
person certified pursuant to Division 2.5 (commencing with Section
1797) of the Health and Safety Code.
(23) A psychological assistant registered pursuant to Section 2913
of the Business and Professions Code.
(24) A marriage and family therapist trainee, as defined in
subdivision (c) of Section 4980.03 of the Business and Professions
Code.
(25) An unlicensed marriage and family therapist intern registered
under Section 4980.44 of the Business and Professions Code.
(26) A state or county public health employee who treats a minor
for venereal disease or any other condition.
(27) A coroner.
(28) A medical examiner, or any other person who performs
autopsies.
(29) 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 a
person who develops exposed photographic film into negatives, slides,
or prints, or who makes prints from negatives or slides, for
compensation. The term includes an employee of such a person; it does
not include a person who develops film or makes prints for a public
agency.
(30) A child visitation monitor. As used in this article, "child
visitation monitor" means a person who, for financial compensation,
acts as monitor of a visit between a child and another person when
the monitoring of that visit has been ordered by a court of law.
(31) An animal control officer or humane society officer. For the
purposes of this article, the following terms have the following
meanings:
(A) "Animal control officer" means a person employed by a city,
county, or city and county for the purpose of enforcing animal
control laws or regulations.
(B) "Humane society officer" means a person appointed or employed
by a public or private entity as a humane officer who is qualified
pursuant to Section 14502 or 14503 of the Corporations Code.
(32) A clergy member, as specified in subdivision (d) of Section
11166. As used in this article, "clergy member" means a priest,
minister, rabbi, religious practitioner, or similar functionary of a
church, temple, or recognized denomination or organization.
(33) A custodian of records of a clergy member, as specified in
this section and subdivision (d) of Section 11166.
(34) An employee of a police department, county sheriff's
department, county probation department, or county welfare
department.
(35) An employee or volunteer of a Court Appointed Special
Advocate program, as defined in Rule 5.655 of the California Rules of
Court.
(36) A custodial officer as defined in Section 831.5.
(37) A person providing services to a minor child under Section
12300 or 12300.1 of the Welfare and Institutions Code.
(38) An alcohol and drug counselor. As used in this article, an
"alcohol and drug counselor" is a person providing counseling,
therapy, or other clinical services for a state licensed or certified
drug, alcohol, or drug and alcohol treatment program. However,
alcohol or drug abuse, or both alcohol and drug abuse, is not, in and
of itself, a sufficient basis for reporting child abuse or neglect.
(39) A clinical counselor trainee, as defined in subdivision (g)
of Section 4999.12 of the Business and Professions Code.
(40) A clinical counselor intern registered under Section 4999.42
of the Business and Professions Code.
(b) Except as provided in paragraph (35) of subdivision (a),
volunteers of public or private organizations whose duties require
direct contact with and 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 of child abuse or neglect to
an agency specified in Section 11165.9.
(c) Employers are strongly encouraged to provide their employees
who are mandated reporters with training in the duties imposed by
this article. 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 the statement required pursuant to subdivision (a) of Section
11166.5.
(d) School districts that do not train their employees specified
in subdivision (a) in the duties of mandated reporters under the
child abuse reporting laws shall report to the State Department of
Education the reasons why this training is not provided.
(e) Unless otherwise specifically provided, the absence of
training shall not excuse a mandated reporter from the duties imposed
by this article.
(f) Public and private organizations are encouraged 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.