BILL ANALYSIS
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UNFINISHED BUSINESS
Bill No: SB 116
Author: Dutton (R)
Amended: 8/25/05 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 3/15/05
AYES: Dunn, Morrow, Ackerman, Cedillo, Escutia, Figueroa,
Kuehl
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 34-0, 4/18/05
AYES: Aanestad, Ackerman, Alarcon, Alquist, Ashburn,
Battin, Bowen, Campbell, Cedillo, Chesbro, Cox, Denham,
Ducheny, Dutton, Figueroa, Florez, Hollingsworth, Kehoe,
Kuehl, Lowenthal, Machado, Margett, McClintock, Migden,
Morrow, Ortiz, Perata, Runner, Scott, Simitian, Soto,
Speier, Torlakson, Vincent
NO VOTE RECORDED: Dunn, Escutia, Maldonado, Murray,
Poochigian, Romero
ASSEMBLY FLOOR : Not Available
SUBJECT : Child abandonment: safe surrender of newborns
SOURCE : Los Angeles County Board of Supervisors
San Bernardino County Board of Supervisors
Santa Clara County Board of Supervisors
Guardian of Angels and Project Cuddle
CONTINUED
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DIGEST : Under existing law, 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 provides a procedure for the safe surrender of the
newborn at designated sites, the reclaiming of that child,
and the transfer of the surrendered child to the county
child protective services agency for the purpose of making
the child a dependent of the court. This "safely
surrendered baby" law sunsets on January 1, 2006.
This bill deletes the sunset date of January 1, 2006,
making the law effective indefinitely.
Assembly amendments made a technical change in referencing
another section.
ANALYSIS :
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.
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.
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.
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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. The bill defines "parent" to mean a birth
parent" of a minor child who is 72 hours old or younger.
This statute sunsets on January 1, 2006 and will be
reenacted without the provision for safely surrendered
newborns. This bill deletes the sunset date of January
1, 2006 to make all of the above effective indefinitely.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/30/05)
Los Angeles County Board of Supervisors (co-source)
San Bernardino County Board of Supervisors (co-source)
Santa Clara County Board of Supervisors (co-source)
Guardian of Angels and Project Cuddle (co-source)
Santa Clara County Fire Department
Social Services Agency, Santa Clara County
California Catholic Conference
Milpitas Fire Department
San Bernardino County Sheriff
Family Law Section of the State Bar of California
California Right to Life Committee
San Bernardino County
California Medical Association
Peace Officers Research Association of California
OPPOSITION : (Verified 8/30/05)
California Open
Bay Area Birthmothers Association
Bastard Nation
ARGUMENTS IN SUPPORT :
According to the author's office, since passage of SB 1368
until March 2005, 111 children one year old or younger were
found abandoned. During the same period, 74 newborn babies
have been surrendered safely under its procedures.
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Proponents of the bill state that many communities have
conducted training of fire station employees on the Safely
Surrendered Baby Law, as well as campaigns to educate the
public about this process. To those groups who have dealt
with babies who were abandoned and died, one baby's life
saved is worth all these efforts, and worth continuing
these provisions indefinitely.
ARGUMENTS IN OPPOSITION :
The opponent, which is an advocate of open adoptions,
argues that with California's over 90 licensed adoption
agencies ready and able to serve expectant mothers who do
not desire to parent, extending the life of the safely
surrendered baby law is premature. Instead, the group
suggests extending the statute to January 1, 2007 and
requiring a "quantifiable report" that tracks newborn
abandonment's and deaths.
RJG:do 8/30/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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