BILL NUMBER: AB 1272 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 13, 2016
AMENDED IN ASSEMBLY JANUARY 4, 2016
AMENDED IN ASSEMBLY APRIL 16, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Grove
FEBRUARY 27, 2015
An act to amend Section 1048.1 of, and to add Section
368.7 to, of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1272, as amended, Grove. Crimes against persons with
disabilities, children, and elder and dependent adults.
Criminal procedure: trial schedule conflicts.
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.
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.
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.
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.
This bill would expand this requirement to include a trial
involving an alleged offense against a person with a developmental
disability.
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, 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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 368.7 is added to the Penal
Code, to read:
368.7. (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.
SEC. 2. SECTION 1. Section 1048.1 of
the Penal Code is amended to read:
1048.1. (a) In scheduling a trial date at an arraignment in
superior court involving 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:
(1) Murder, as defined in subdivision (a) of Section 187.
(2) An alleged sexual assault offense, as described in
subdivisions (a) and (b) of Section 11165.1.
(3) An alleged child abuse offense, as described in Section
11165.6.
(4) A case being handled in the Career Criminal Prosecution
Program pursuant to Chapter 2.2 (commencing with Section 999b).
(5) An alleged offense against a person with a developmental
disability.
(b) For purposes of this section, "developmental disability" has
the same meaning as found in Section 4512 of the Welfare and
Institutions Code.
SEC. 3. 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.