BILL ANALYSIS
SB 116
Page 1
SENATE THIRD READING
SB 116 (Dutton)
As Amended August 25, 2005
Majority vote
SENATE VOTE :34-0
PUBLIC SAFETY 6-0 JUDICIARY 9-0
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|Ayes:|Leno, Benoit, Cohn, |Ayes:|Jones, Harman, Evans, |
| |Dymally, Goldberg, | |Haynes, Laird, Leslie, |
| |Spitzer | |Levine, Lieber, Montanez |
| | | | |
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APPROPRIATIONS 18-0
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|Ayes:|Chu, Sharon Runner, Bass, |
| |Berg, Calderon, Emmerson, |
| |Haynes, Karnette, Klehs, |
| |Leno, Nakanishi, Nation, |
| |Oropeza, Laird, Saldana, |
| |Walters, Yee, Mullin |
| | |
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SUMMARY : Deletes the sunset date of January 1, 2006, for the
"Safely Surrendered Baby (SSB) Law" under which a parent or
other person with lawful custody of a baby 72 hours old or
younger who surrenders the baby to a county-designated safe
surrender site may not be prosecuted for child abandonment.
EXISTING LAW :
1)Makes it a crime for a parent of or other person entrusted
with a child younger than 14 years of age to abandon the child
and to fail to provide for the child or to present the child
to an orphanage or similar institution as an orphan.
2)Makes it a crime for a parent willfully to fail, without
lawful excuse, to provide a child with necessary food,
clothing, shelter, medical assistance or other remedial care.
SB 116
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3)Delineates the procedure for the surrender of a child 72 hours
or younger to a "safe surrender site" without incurring any
criminal liability under the state's child abandonment laws.
This statute sunsets on January 1, 2006.
4)Protects from prosecution under the state's child abandonment
laws a parent or other person having lawful custody of a child
72 hours old or younger, who voluntarily surrenders physical
custody of the child to personnel on duty at a safe surrender
site. This statute sunsets on January 1, 2006.
5)Describes the children who are within the jurisdiction of the
juvenile court and may be adjudged dependents of the court,
including minor children who are surrendered under the
provisions of the safe surrender of newborns law and who have
not been reclaimed within the specified 14-day period. This
statute sunsets on January 1, 2006, and will be reenacted
without the provision for safely surrendered newborns.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor, potentially state-reimbursable costs
for local social services to the extent mothers surrender
custody of their children pursuant to current law.
COMMENTS : According to the author, "Persons are abandoning and
or discarding newborn infants, resulting in the death of the
infants. Yet, in some cases, as result of SB 1368 (Brulte),
Chapter 824, Statutes of 2000, persons are now safely
surrendering newborns. SB 1368 sunsets January 1, 2006.
Existing law states that 'no parent or other person who has
lawful custody of a minor child 72 hours old or younger may be
prosecuted for child abandonment if he or she voluntarily
surrenders physical custody of the child to a designated
employee at a public or private hospital emergency room or other
location designated by the county board of supervisors or other
custodial person to safely surrender a newborn infant within 72
hours of birth.' The person who surrenders the infant has up to
14 calendar days to reclaim custody of the child. [SB 1368
(Brulte), Chapter 824, Statutes of 2000; Penal Code 271.5;
Welfare and Institutions Code Sections 300,309,361.5 and
14005.24; and Health and Safety Code Section 1255.7.] This bill
will delete the sunset provision thus making permanent the Safe
Arms for Newborns Law."
Please see the policy committee analysis for full discussion of
SB 116
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this bill.
Analysis Prepared by : Steven Meinrath / PUB. S. / (916)
319-3744
FN: 0012165