Amended in Assembly January 4, 2016

Amended in Assembly April 16, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1272

Introduced by Assembly Member Grove

February 27, 2015

An act to amend begin delete Sections 6250 and 6251 of the Family Code, relating to protective orders. end delete begin insert Section 1048.1 of, and to add Section 368.7 to, the Penal Code, relating to crimes. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1272, as amended, Grove. begin delete Protective orders: persons with developmental disabilities: sexual exploitation. end delete begin insert Crimes against persons with disabilities, children, and elder and dependent adults. end insert

begin insert

The Child Abuse and Neglect Reporting Act requires a law enforcement agency that receives a report of child abuse to report to an appropriate licensing agency every known or suspected instance of child abuse or neglect that occurs while the child is being cared for in a child day care facility or community care facility or that involves a licensed staff person of the facility.

end insert begin insert

Existing law provides for the licensure of various healing arts professionals, and specifies that the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action against the licencee. Existing law also establishes that the crime of sexual exploitation by a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor has occurred when the licencee engages in specified sexual acts with a patient, client, or former patient or client.

end insert begin insert

This bill would require, if a law enforcement agency has probable cause to believe that a person who holds a state professional or occupational credential, license, permit, or other authorization that allows the person to provide services to children, dependent adults, elders, or persons with disabilities and has committed specified crimes, the law enforcement agency to promptly send a copy of its report to the state licensing agency. The bill would require the licensing agency to promptly investigate the report and, if it substantiates the report, to take any action that it finds warranted. By imposing these additional duties on law enforcement agencies, this bill would impose a state-mandated local program.

end insert begin insert

Existing law requires a superior court to make reasonable efforts to avoid setting a trial for murder, sexual assault, child abuse, or a case being handled in the Career Criminal Prosecution Program on the same day that another case is set for trial involving the same prosecuting attorney.

end insert begin insert

This bill would expand this requirement to include a trial involving an alleged offense against a person with a developmental disability.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin delete

Existing law authorizes a judicial officer to issue an ex parte emergency protective order when a law enforcement officer asserts reasonable grounds to believe, or the judicial officer finds, that a person is in immediate and present danger of domestic violence, a child is in immediate and present danger of abuse by a family or household member or may be abducted by a parent or relative, or an elder or dependant adult is in immediate and present danger of abuse, as specified.

end delete begin delete

This bill would also authorize a judicial officer to issue an ex parte emergency protective order when a law enforcement officer asserts reasonable grounds to believe, or the judicial officer finds, that a person with a developmental disability is in immediate and present danger of sexual exploitation by a developmental disability residential service provider.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 368.7 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 368.7. end insert   

(a) When a law enforcement agency finds probable
cause to believe that a person who holds a state professional or
occupational credential, license, permit, or other authorization
that allows the person to provide services to children, dependent
adults, elders, or persons with disabilities has committed a crime
under any of the following provisions of law, the law enforcement
agency shall promptly send a copy of its report, including the
finding of probable cause, to the state agency that issued the
credential, license, permit, or other authorization:

(1) Sexual exploitation by a physician and surgeon,
psychotherapist, or drug or alcohol abuse counselor, as defined
in Section 729 of the Business and Professions Code.

(2) Rape or other crime as defined in Chapter 1 (commencing
with Section 261) of Title 9 of Part 1.

(3) Elder or dependent adult abuse, failure to report elder or
dependent adult abuse, interfering with a report of elder or
dependent adult abuse, or other crimes as defined in this chapter.

(4) A hate crime motivated by antidisability bias, as defined in
Chapter 1 (commencing with Section 422.55) of Title 11.6 of Part
1.

(5) Sexual abuse, as defined in Section 11165.1.

(6) Child abuse, failure to report child abuse, or the interfering
with the report of child abuse.

(b) Notwithstanding any other law, a state agency receiving a
report pursuant to this section shall promptly investigate the report
and, if it substantiates the report, shall take any action that it finds
warranted, which may include revoking the credential, license,
permit, or other authorization. The state agency shall cooperate
with the law enforcement agency and any prosecuting attorney to
avoid jeopardizing any criminal investigation or prosecution.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1048.1 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

1048.1.  

begin insert (a) end insert begin insert   end insert In scheduling a trial date at an arraignment in
superior court involving begin delete murder, end delete begin insert any of the following offenses,
reasonable efforts shall be made to avoid setting that trial, when
that case is assigned to a particular prosecuting attorney, on the
same day that another case is set for trial involving the same
prosecuting attorney: end insert

begin insert (1) end insert begin insert   end insert begin insert Murder, end insert as defined in subdivision (a) of Section begin delete 187, an end delete
begin insert 187. end insert

begin insert (2) end insert begin insert   end insert begin insert An end insert alleged sexual assault offense, as described in
subdivisions (a) and (b) of Section begin delete 11165.1, or an end delete begin insert 11165.1. end insert

begin insert (3) end insert begin insert   end insert begin insert An end insert alleged child abuse offense, as described in Section
begin delete 11165.6, or a end delete begin insert 11165.6. end insert

begin insert (4) end insert begin insert   end insert begin insert A end insert case being handled in the Career Criminal Prosecution
Program pursuant to begin delete Sections 999b through 999h, reasonable
efforts shall be made to avoid setting that trial, when that case is
assigned to a particular prosecuting attorney, on the same day that
another case is set for trial involving the same prosecuting attorney. end delete
begin insert Chapter 2.2 (commencing with Section 999b). end insert

begin insert

(5) An alleged offense against a person with a developmental
disability.

end insert begin insert

(b) For purposes of this section, “developmental disability”
has the same meaning as found in Section 4512 of the Welfare and
Institutions Code.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 6250 of the Family Code is amended to
read:

6250.  

A judicial officer may issue an ex parte emergency
protective order if a law enforcement officer asserts reasonable
grounds to believe any of the following:

(a) That a person is in immediate and present danger of domestic
violence, based on the person’s allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought.

(b) That a child is in immediate and present danger of abuse by
a family or household member, based on an allegation of a recent
incident of abuse or threat of abuse by the family or household
member.

(c) That a child is in immediate and present danger of being
abducted by a parent or relative, based on a reasonable belief that
a person has an intent to abduct the child or flee with the child
from the jurisdiction or based on an allegation of a recent threat
to abduct the child or flee with the child from the jurisdiction.

(d) That an elder or dependent adult is in immediate and present
danger of abuse as defined in Section 15610.07 of the Welfare and
Institutions Code, based on an allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought, except that no emergency protective order shall be issued
based solely on an allegation of financial abuse.

(e) That a person with a developmental disability, as defined in
Section 4512 of the Welfare and Institutions Code, is in immediate
and present danger of sexual exploitation by a developmental
disability residential service provider.

SEC. 2.  

Section 6251 of the Family Code is amended to read:

6251.  

An emergency protective order may be issued only if
the judicial officer finds both of the following:

(a) That reasonable grounds have been asserted to believe that
an immediate and present danger of domestic violence exists, that
a child is in immediate and present danger of abuse or abduction,
that an elder or dependent adult is in immediate and present danger
of abuse as defined in Section 15610.07 of the Welfare and
Institutions Code, or that a person with a developmental disability
is in immediate and present danger of sexual exploitation by a
developmental disability residential service provider.

(b) That an emergency protective order is necessary to prevent
the occurrence or recurrence of domestic violence, child abuse,
child abduction, abuse of an elder or dependent adult, or sexual
exploitation of a person with a developmental disability.

end delete