BILL NUMBER: AB 1422	CHAPTERED  09/18/00

	CHAPTER   477
	FILED WITH SECRETARY OF STATE   SEPTEMBER 18, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 16, 2000
	PASSED THE ASSEMBLY   AUGUST 30, 2000
	PASSED THE SENATE   AUGUST 29, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   JUNE 20, 2000
	AMENDED IN ASSEMBLY   JANUARY 24, 2000
	AMENDED IN ASSEMBLY   JANUARY 3, 2000

INTRODUCED BY   Assembly Members Torlakson and Lempert
   (Principal coauthor:  Assembly Member Washington)
   (Coauthors:  Assembly Members Alquist, Calderon, House, Romero,
and Wesson)
   (Coauthors:  Senators Costa, Karnette, Ortiz, Polanco, and Speier)


                        FEBRUARY 26, 1999

   An act to add Section 152.3 to the Penal Code, relating to
reporting of crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1422, Torlakson.  Reporting of crimes.
   Existing law makes it a felony or a misdemeanor for any person
who, having knowledge of the actual commission of a crime, takes
money or property of another, any gratuity or reward, or any
engagement or promise thereof, upon any agreement or understanding to
compound or conceal the crime, or to abstain from any prosecution
thereof, or to withhold any evidence thereof, except as specified.
   This bill would require, with specified exceptions, any person who
reasonably believes that he or she has observed the commission of
either a murder or rape where the victim is a child under the age of
14 years or a lewd or lascivious act with a child under the age of 14
years, as specified, to notify a peace officer by telephone or any
other means.  The failure to notify as required would be a
misdemeanor punishable by a fine of $1,500, or by imprisonment in a
county jail for up to 6 months, or both.  By creating a new crime,
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 no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  This act shall be known as, and may be cited as, the
Sherrice Iverson Child Victim Protection Act.
  SEC. 2.  Section 152.3 is added to the Penal Code, to read:
   152.3.  (a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses where the
victim is a child under the age of 14 years shall notify a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2:
   (1) Murder.
   (2) Rape.
   (3) A violation of paragraph (1) of subdivision (b) of Section 288
of the Penal Code.
   (b) This section shall not be construed to affect privileged
relationships as provided by law.
   (c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to
provide notice is made by telephone or any other means.
   (d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor and is punishable by a fine of not more than one
thousand five hundred dollars ($1,500), by imprisonment in a county
jail for not more than six months, or by both that fine and
imprisonment.
   (e) The requirements of this section shall not apply to the
following:
   (1) A person who is related to either the victim or the offender,
including a husband, wife, parent, child, brother, sister,
grandparent, grandchild, or other person related by consanguinity or
affinity.
   (2) A person who fails to report based on a reasonable mistake of
fact.
   (3) A person who fails to report based on a reasonable fear for
his or her own safety or for the safety of his or her family.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.