BILL ANALYSIS Ó
AB 2606
Page 1
Date of Hearing: April 19, 2016
Counsel: Sandra Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2606 (Grove) - As Introduced February 19, 2016
VOTE ONLY
SUMMARY: Requires law enforcement to send a copy of a report
alleging specified crimes committed against elderly or
developmentally disabled people to state licensing agencies.
Specifically, this bill:
1)Requires a law enforcement agency that receives or makes a
report of the commission of specified crimes by a person who
holds a state professional or occupational credential, a
license, or permit allowing the person to provide services to
children, elders, dependent adults, or persons with
disabilities, to provide a copy of that report to the state
agency which issued the credential, license, or permit.
2)Applies these reporting requirements to the following crimes:
a) Sexual exploitation by a physician and surgeon,
psychotherapist, or drug/alcohol abuse counselor, as
specified in the Business and Professions Code;
b) Rape and other sex crimes;
c) Elder or dependent adult abuse, failure to report by
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mandated report, or interfering with a report;
d) A hate crime motivated by anti-disability bias;
e) Sexual abuse, as specified; and,
f) Child abuse, failure to report by mandated report, or
interfering with a report.
EXISTING LAW:
1)Establishes the Elder Abuse and Dependent Adult Civil
Protection Act. (Welf. and Inst. Code, § 15600 et seq.)
2)Enumerates categories of persons who are mandated reporters
under the Act. (Welf. and Inst. Code, § 15630.)
3)Provides that failure to report specified conduct committed
against an elder or dependent adult, or impeding or inhibiting
such a report is a misdemeanor punishable by up to six months
in jail, by a fine of up to $1,000, or both. (Welf. and Inst.
Code, § 15630, subd. (h).)
4)Provides that failure to report specified conduct committed
against an elder or dependent adult resulting in serious
bodily injury or death, or impeding or inhibiting such a
report is a misdemeanor punishable by up to one year in jail,
by a fine of up to $5,000, or both. (Welf. and Inst. Code, §
15630, subd. (h).)
5)Establishes the Child Abuse Neglect Reporting Act (CANRA) for
the purpose of protecting children from abuse and neglect.
(Pen. Code, § 11164.)
6)Enumerates categories of persons who are mandated reporters
under CANRA. (Pen. Code, § 11165.7, subd. (a).)
7)Provides that when two or more persons, who are required to
report, jointly have knowledge of a known or suspected
instance of child abuse or neglect, and when there is
agreement among them, the telephone report may be made by a
member of the team selected by mutual agreement and a single
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report may be made and signed by the selected member of the
reporting team. Any member who has knowledge that the member
designated to report has failed to do so shall thereafter make
the report. (Pen. Code, § 11166, subd. (h).)
8)States that the reporting duties under CANRA are individual
and no supervisor or administrator may impede or inhibit the
reporting duties, and no person making a report shall be
subject to sanction for making the report. However, internal
procedures to facilitate reporting and apprise supervisors and
administrators of reports may be established provided they are
not inconsistent with CANRA. (Pen. Code, § 11166, subd.
(i)(1).)
9)Provides that any mandated reporter who fails to report an
incident of known or reasonably suspected child abuse or
neglect as required by this section is guilty of a misdemeanor
punishable by up to six months confinement in a county jail or
by a fine of $1,000 or by both that imprisonment and fine.
(Pen. Code, § 11166, subd. (c).)
10)States that if a mandated reporter intentionally conceals his
or her failure to report an incident known by the mandated
reporter to be abuse or severe neglect under this section, the
failure to report is a continuing offense until a specified
agency discovers the offense. (Pen. Code, § 11166, subd.
(c).)
11)Provides that any supervisor or administrator who interferes
or inhibits a mandated reporter from reporting suspected child
abuse or neglect shall be punished by not more than six months
in a county jail, by a fine of not more than one thousand
dollars ($1,000), or by both imprisonment and a fine. (Pen.
Code, § 11166.01, subd. (a).)
12)States that "sexual abuse" means "sexual assault or sexual
exploitation." (Pen. Code, § 11165.1.)
FISCAL EFFECT: Unknown
COMMENTS:
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1)Author's Statement: According to the author, "The
developmentally disabled, elderly, and children are the most
vulnerable members of our community and we have an obligation
to help protect them. People with disabilities are subject to
violent crimes - especially sexual assault and abuse -- at
much higher rates than the general population. Arrest and
conviction rates are often very low. One reason is because
mandated reporters often fail to report because of
interference by supervisors and fear of retaliation. Many of
these crimes are committed by caretakers. Those who are not
arrested or convicted are simply fired and are legally free to
go on to other jobs and continue their abuse because their
licenses are not affected. Children and the elderly can be
subject to the same kinds of assault and abuse. The bill
addresses the problem by strengthening the law protecting
mandated reporters from anyone who would impede their reports
or retaliate against them for making the reports.
Additionally, it requires law enforcement agencies to
cross-report abuse, neglect, and sexual misconduct to the
provider's state licensing agency."
2)Practical Considerations: The reporting requirement in this
bill is triggered when a specified crime is alleged to have
been committed by a person who holds a state professional or
occupational credential, a license, or permit allowing the
person to provide services to children, elders, dependent
adults, or persons with disabilities. As drafted, this bill
applies to an extremely broad range of professionals,
including realtors, dentists, lawyers, contractors,
cosmetologists, etc. Should this bill be limited to those
persons who hold state licenses or permits to provide care for
children, elders, dependent adults, or persons with
disabilities?
Given the many licensing agencies implicated, will law
enforcement agency or officer know where to file the required
report? Moreover, will the receiving agency necessarily have
a process in place for investigating this type of allegation?
It should be noted that as to reports received by law
enforcement, there is no requirement that law enforcement
conduct any sort of investigation before forwarding a copy of
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the report. A report may be uncorroborated or unfounded and
yet law enforcement must still forward a copy of the report.
Additionally, this bill does not state, what if anything, the
licensing agency is supposed to do with the report. It is
possible that some agencies will conduct an investigation, but
there is no requirement for action of any kind.
Nor are there any due process protections of any kind for the
person who is the subject of the report. Might a person lose
his or her license and livelihood based on an unsubstantiated
report?
3)Argument in Support: According to the Arc and United Cerebral
Palsy California Collaboration, the sponsor of this bill, "A
large body of research shows that adults and children with
disabilities are subject to violent crime-especially sexual
assault and abuse - at much higher rates than the general
population. Arrest and conviction rates are often very low,
in some cases, because mandated reporters often fail to report
because of interference by supervisors and fear of
retaliation.
"Many of these crimes are committed by caretakers. Those who
are not arrested or convicted are simply fired and are legally
free to go on to other jobs and continue their abuse.
"Children and elders can be subject to the same kinds of assault
and abuse. ?
"This bill attacks the problem in two ways:
"First, it strengthens the law protecting mandated reporters
from anyone who would impeded their reports or retaliate
against them for making the reports.
"Second, it requires law enforcement agencies to cross-report
sex crimes and abuse, and also failure to report, to state
licensing agencies. As under current law, the state agencies
will investigate the reports and, if they substantiate them,
take appropriate disciplinary action, up to and including
license suspension or revocation - whether or not law
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enforcement agencies and prosecutors are able to arrest or
convince (sic) them."
4)Arguments in Opposition:
a) According to the California Association of Psychiatric
Technicians (CAPT), "CAPT opposes this bill for several
reasons, one of which is that, if passed, this bill would
require law enforcement to transmit a report or abuse,
neglect, or sexual misconduct without having first done an
investigation to sustain the allegation. Many CAPT members
work with a population of individuals that have severe
mental illness. At the state mental hospitals, hundreds of
false reports are made a year by patients that are
incompetent to stand trial or not guilty by reason of
insanity.
"The reporting to the licensing body of a health care worker
without investigation or substantiation of the allegation
would clog the licensing body's investigating case load,
forcing investigators to investigate hundreds of false
allegations a year."
b) The California State Sheriffs' Association writes, "We
appreciate your effort to ensure that licensing agencies
are informed when alleged criminal acts take place.
However, there are processes in place to achieve this goal.
We are concerned that your measure is an unfunded mandate
on law enforcement that could inadvertently require peace
officers to disclose reports and unintentionally jeopardize
investigations. If law enforcement becomes aware of an
alleged offense, it has a protocol in place to investigate
the matter and then file a report with the prosecutor if an
arrest is made and there is probable cause to believe a
crime has been committed.
"AB 2606 requires a notification of an alleged offense to a
licensing agency that almost certainly receives subsequent
arrest notification for persons who have been the subject
of a background check. In other words, when a person who
has undergone a background check for the purposes of a
professional licensure is arrested, the Department of
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Justice generally provides a notification to the licensing
agency of the arrest. By inserting law enforcement into
this process, we may end up jeopardizing an investigation.
While it is appropriate for a licensing agency to know when
its licensees are accused of crime particularly when they
relate to their profession, processes exist to accomplish
this."
5)Related Legislation:
a) AB 1272 (Grove) requires the court to make reasonable
efforts to avoid scheduling a case involving a crime
committed against a person with a developmental disability
when the prosecutor has another trial set. AB 1272 is
pending hearing in the Senate Public Safety Committee.
b) AB 1821 (Maienschein) makes specified sex crimes
committed against victims with mental disorders or physical
or developmental disabilities qualifying crimes for the
"One Strike Sex Law" and the vulnerable victim enhancement.
AB 1821 is pending a hearing in the Assembly
Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
The Arc & United Cerebral Palsy California Collaboration
(Sponsor)
The Arc of Riverside County
Association of Regional Center Agencies
California Advocates for Nursing Home Reform
California Long-Term Care Ombudsman Association
California State Retirees
Disability Rights California
The Alliance
Opposition
California Association of Psychiatric Technicians
California Attorneys for Criminal Justice
California Public Defenders Association
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California State Sheriffs' Association
Legal Services for Prisoners with Children
Analysis Prepared
by: Sandy Uribe / PUB. S. / (916) 319-3744