AB 2606, as amended, Grove. Crimes against children, elders, dependent adults, and persons with disabilities.
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 proscribes the commission of certain crimes against elders and dependent adults, including, but not limited to, inflicting upon an elder or dependent adult unjustifiable physical pain or mental suffering, as specified. Existing law proscribes the commission of a hate crime, as defined, against certain categories of persons, including disabled persons.
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 licensee. 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 licensee engages in specified sexual acts with a patient, client, or former patient or client.
This bill would require, if a law enforcement agency receives a report, or if a law enforcement officer makes a report, that a person who holds a state professional or occupational credential, license, or permit that allows the person to provide services to children, elders, dependent adults, or persons with disabilities is alleged to have committed one or more of specified crimes, the law enforcement agency to promptly send a copy of the report to the statebegin delete licensingend delete
agency that issued the credential, license, orbegin delete permit.end deletebegin insert permit, except as specified. The bill would require a state agency to prioritize and process the report pursuant to applicable law in the same manner as similar reports received by that agency in order to ensure due process of law and equal protection of the laws.end insert By imposing additional duties on law enforcement agencies, 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, 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
Chapter 14 (commencing with Section 368.7) is
2added to Title 9 of Part 1 of the Penal Code, to read:
3
If a law enforcement agency receives a report, or if a
5law enforcement officer makes a report, that a person who holds
6a state professional or occupational credential, license, or permit
7that allows the person to provide services to children, elders,
8dependent adults, or persons with disabilities is alleged to have
9committed one or more of the crimes described in subdivisions (a)
10tobegin delete (f),end deletebegin insert (d),end insert inclusive, the law enforcement agency shall promptly
11send a copy of the report to the state agency that issued the
12credential, license, or permit.begin insert
If the law enforcement agency
13determines that sending the copy of the report to the state agency
14would jeopardize an ongoing investigation, however, the law
15enforcement agency shall delay sending the copy to the state
16agency until the investigation is complete or the law enforcement
17agency determines that sending the report to the state agency
18would no longer jeopardize the investigation.end insert
19(a) Sexual exploitation by a physician and surgeon,
20psychotherapist, or drug or alcohol abuse counselor, as described
21in Section 729 of the Business and Professions Code.
22(b) Rape or other crimes described in Chapter 1 (commencing
23with Section 261).
24(c)
end delete
25begin insert(b)end insert Elder or dependent adult abuse, failure to report elder or
26dependent adult abuse, interfering with a report of elder or
27dependent adultbegin delete abuseend deletebegin insert abuse,end insert or other crimes, as described in
28Chapter 13.
29(d) A hate crime motivated by antidisability bias, as described
30in Chapter 1 (commencing with Section 422.55) of Title 11.6.
31(e)
end delete32begin insert(c)end insert Sexual abuse, as defined in Section 11165.1.
33(f)
end delete
34begin insert(d)end insert Child abuse, failure to report child abuse, or interfering with
35a report of child abuse.
When a state agency receives a report pursuant to this
37chapter, the agency shall prioritize and process the report pursuant
38to applicable law in the same manner as similar reports received
39by that agency in order to ensure due process of law and equal
40protection of the laws.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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