Amended in Senate May 23, 2016

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 29


Introduced by Assembly Member Campos

December 1, 2014


begin deleteAn act to add Section 1708.5.5 to the Civil Code, relating to civil actions.end deletebegin insert An act to add Section 1507.16 to the Health and Safety Code, relating to care facilities.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 29, as amended, Campos. begin deleteCivil actions: defenses: unlawful sexual intercourse. end deletebegin insertCare facilities: missing minor residents.end insert

begin insert

Existing law, the California Community Care Facilities Act, provides for the licensing and regulation of community care facilities by the State Department of Social Services. Existing law requires every community care facility that provides adult residential care or offers an adult day program to, for the purpose of addressing issues that arise when an adult resident or an adult day program participant is missing from the facility, develop and comply with an absentee notification plan for each resident or participant, and requires the plan to include a requirement that an administrator of the facility, or his or her designee, inform the resident’s or participant’s authorized representative when that resident or participant is missing from the facility and the circumstances in which an administrator of the facility, or his or her designee, shall notify local law enforcement when a resident or participant is missing from the facility. A violation of the provisions relating to community care facilities is a misdemeanor.

end insert
begin insert

This bill would also require every community care facility that provides residential care for minors to, for the purpose of addressing issues that arise when a minor resident is missing from the facility, develop and comply with an absentee notification plan for each minor resident. The bill would require the plan to include a requirement that an administrator of the facility, or his or her designee, inform the minor’s parent or guardian when that minor is missing from the facility and include provision for notification of local law enforcement. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law prohibits a person from engaging in unlawful sexual intercourse, as defined, with a minor and prescribes punishments for unlawful sexual intercourse. Existing law makes a person who commits sexual battery, as provided, liable for specified damages. Existing law establishes the defense of consent in civil actions.

end delete
begin delete

This bill would prohibit, in any civil action involving sexual battery by an adult of a minor, as defined, the defense that the minor consented to the sexual battery if the adult is in a position of trust, authority, or supervision, or acts as a caretaker, in relation to the minor. The bill would also provide that the minor’s consent does not mitigate damages in these circumstances.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1507.16 is added to the end insertbegin insertHealth and Safety
2Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert1507.16.end insert  

(a) Every community care facility that provides
4residential care for minors shall, for the purpose of addressing
5issues that arise when a minor resident is missing from the facility,
6develop and comply with an absentee notification plan for each
7minor resident. The plan shall be part of the written needs and
P3    1services plan if the minor has a plan. The plan shall include, but
2not be limited to, both of the following:

3
(1) A requirement that an administrator of the facility, or his
4or her designee, inform the minor’s parent or guardian when that
5minor is missing from the facility.

6
(2) The circumstances under which an administrator of the
7facility, or his or her designee, shall notify local law enforcement
8when a minor is missing from the facility.

9
(b) In preparing the absentee notification plan, the facility shall
10consider the status of the minor as a victim of human trafficking.
11In this situation, the plan may include a requirement to notify law
12enforcement immediately after the minor is missing.

end insert
13begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
14Section 6 of Article XIII B of the California Constitution because
15the only costs that may be incurred by a local agency or school
16district will be incurred because this act creates a new crime or
17infraction, eliminates a crime or infraction, or changes the penalty
18for a crime or infraction, within the meaning of Section 17556 of
19the Government Code, or changes the definition of a crime within
20the meaning of Section 6 of Article XIII B of the California
21Constitution.

end insert
begin delete22

SECTION 1.  

Section 1708.5.5 is added to the Civil Code, to
23read:

24

1708.5.5.  

(a) For the purposes of this section, the following
25definitions shall apply:

26(1) “Adult” means a person who is at least 18 years of age.

27(2) “Minor” means a person who is under 18 years of age.

28(b) Notwithstanding Section 3515, in any civil action involving
29sexual battery, as defined in Section 1708.5, by an adult of a minor,
30it shall not be a defense that, nor mitigate damages if, the minor
31consented to the sexual battery if the adult is in a position of trust,
32authority, or supervision, or acts as a caretaker, in relation to the
33minor.

end delete


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