BILL ANALYSIS Ó
AB 2606
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Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2606 (Grove) - As Amended May 3, 2016
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Urgency: No State Mandated Local Program: YesReimbursable:
Yes
SUMMARY:
This bill 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,
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. When
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the report is received by the state agency, it is required to
prioritize and process the report pursuant to existing law.
FISCAL EFFECT:
Unknown significant costs to various state agencies, bureaus, or
boards that provide state professional or occupational
credential, license or permit to provide personal services in
California to investigate the hundreds of reports that may be
received. For example, the Department of Consumer Affairs (DCA)
estimates an increase of over 150 cases of sexual misconduct
assigned to it is Health Quality Investigations Unit and at
least 50 additional cases to its Investigations and Enforcement
Unit, the cost associated with these activities are in excess of
$1 million. The provisions of this bill apply to all agencies
that provide a license to persons who provide services to the
general population and may also come in contact with children,
elders, dependent adults, or persons with disabilities, such as
the Contractor's License Board, the Board of Barbering and
Cosmetology, the Dental Board, the Bureau of Real Estate
Appraisers, etc. (various Special Funds)
Unknown reimbursable state mandated costs (GF) to local law
enforcement agencies who are required to submit a report for an
allegation, whether or not a crime actually occurred.
COMMENTS:
1)Purpose. 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. Many of these crimes are
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committed by caretakers. This bill requires law enforcement
agencies to cross-report abuse, neglect, and sexual misconduct
to the appropriate state licensing agency.
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 who provide services to the
general population, including realtors, dentists, lawyers,
contractors, cosmetologists, etc. Furthermore, the report is
required for an alleged commission of a crime, before, or
whether or not, a conviction occurs. There is no requirement
that the law enforcement agency conduct any sort of
investigation before submitting a report to the
licensing/permitting agency.
This bill requires the licensing agency to prioritize and
process the report pursuant to applicable law in the same
manner as other reports are received. Some agencies have
their own investigation units, while other rely on conviction
reports to take action.
2)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."
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3)Opposition:
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 of 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."
The California State Sheriffs' Association writes, "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."
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081
AB 2606
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