BILL NUMBER: AB 1505	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member Garcia

                        JANUARY 14, 2014

   An act  to amend Section 11165.1 of the Penal Code, 
relating to mandated reporters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1505, as amended, Garcia. Child abuse: mandated reporters.
   Existing law, the Child Abuse and Neglect Reporting Act, requires
a mandated reporter, as defined, to report whenever he or she, 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  , including sexual abuse  . 
   Under existing law, sexual abuse is reportable if it involves
unlawful sexual intercourse between a person 21 years of age or older
with a minor who is under 16 years of age. Existing law makes sexual
abuse reportable if any person participates in an act of sodomy or
oral copulation with a person who is under 18 years of age. 

   This bill would instead make instances of sodomy or oral
copulation reportable as sexual abuse only if any person over 21
years of age participates in an act of sodomy or oral copulation with
a person who is under 16 years of age.  
   This bill would state that it is the intent of the Legislature to
enact legislation to provide greater consistency among the kinds of
abuse and neglect that must be reported pursuant to the Child Abuse
and Neglect Reporting Act. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 11165.1 of the   Penal
Code   is amended to read: 
   11165.1.  As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following: 
   (a)"Sexual 
    (a)   (1)     Except as specified
in paragraph (2), "sexual  assault" means conduct in violation
of one or more of the following sections: Section 261 (rape),
subdivision (d) of Section 261.5 (statutory rape), 264.1 (rape in
concert), 285 (incest), 286 (sodomy), subdivision (a) or (b), or
paragraph (1) of subdivision (c) of Section 288 (lewd or lascivious
acts upon a child), 288a (oral copulation), 289 (sexual penetration),
or 647.6 (child molestation). 
   (2) For purposes of this article, "sexual assault" does not
include conduct in violation of the following:  
   (A) Paragraph (1) of subdivision (b) of Section 286 unless it
meets the criteria specified in paragraph (2) of subdivision (b) of
Section 286.  
   (B) Paragraph (1) of subdivision (b) of Section 288a unless it
satisfies the criteria specified in paragraph (2) of subdivision (b)
of Section 288a. 
   (b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
   (1)  Any penetration,   Penetration, 
however slight, of the vagina or anal opening of one person by the
penis of another person, whether or not there is the emission of
semen.
   (2)  Any sexual   Sexual  contact
between the genitals or anal opening of one person and the mouth or
tongue of another person.
   (3)  Any intrusion   Intrusion  by one
person into the genitals or anal opening of another person, including
the use of  any   an  object for this
purpose, except that, it does not include acts performed for a valid
medical purpose.
   (4) The intentional touching of the genitals or intimate parts
 (including   , including  the breasts,
genital area, groin, inner thighs, and  buttocks) 
 buttocks,  or the clothing covering them, of a child, or of
the perpetrator by a child, for purposes of sexual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
   (5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
   (c) "Sexual exploitation" refers to any of the following:
   (1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
   (2)  Any   A  person who knowingly
promotes, aids, or assists, employs, uses, persuades, induces, or
coerces a child, or  any   a  person
responsible for a child's welfare, who knowingly permits or
encourages a child to engage in, or assist others to engage in,
prostitution or a live performance involving obscene sexual conduct,
or to either pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing, painting, or
other pictorial depiction, involving obscene sexual conduct. For the
purpose of this section, "person responsible for a child's welfare"
means a parent, guardian, foster parent, or a licensed administrator
or employee of a public or private residential home, residential
school, or other residential institution.
   (3)  Any   A    person who
depicts a child in, or who knowingly develops, duplicates, prints, or
exchanges,  any   a  film, photograph,
video tape, negative, or slide in which a child is engaged in an act
of obscene sexual conduct, except for those activities by law
enforcement and prosecution agencies and other persons described in
subdivisions (c) and (e) of Section 311.3. 
  SECTION 1.    It is the intent of the Legislature
to enact legislation to provide greater consistency among the kinds
of abuse and neglect that must be reported pursuant to the Child
Abuse and Neglect Reporting Act.