BILL ANALYSIS
AB 81
Page 1
ASSEMBLY THIRD READING
AB 81 (Torrico)
As Amended June 1, 2007
Majority vote
PUBLIC SAFETY 7-0 JUDICIARY 8-2
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|Ayes:|Solorio, Aghazarian, |Ayes:|Jones, Tran, Evans, |
| |Anderson, De La Torre, | |Feuer, Krekorian, Laird, |
| |Leno, Ma, Portantino | |Levine, Lieber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Adams, Keene |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|Leno, Caballero, Davis, |
| |DeSaulnier, Huffman, |
| |Karnette, Krekorian, |
| |Lieu, Ma, Nava, Solorio, |
| |Feuer |
| | |
|-----+--------------------------|
|Nays:|Walters, Emmerson, La |
| |Malfa, Nakanishi, Sharon |
| |Runner |
| | |
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SUMMARY : Expands the "Safe-Surrender Law" to allow a parent or
other person with lawful custody of a child 30 days old or
younger to be surrendered to safe-surrender sites as specified.
Specifically, this bill :
1)Extends the safe surrender of a child by a parent or other
person with lawful custody from 72 hours old or younger to 30
days old or younger.
2)Expands the definition of "safe-surrender site" to include
local fire agencies upon the approval of the appropriate local
AB 81
Page 2
governing body of the agency.
3)Requires that before designating a location as a
safe-surrender site, the designatory entity shall consult with
the governing body of a city, and with representatives of any
local fire agency, and any child welfare agency that may
provide services to a child who is surrendered at the site if
that location is selected.
4)Defines "parent" to as a birth parent of a minor child who is
30 days old or younger.
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)Provides a 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.
3)Defines a "safe-surrender site" as either:
a) A location designated by the board of supervisors of a
county to be responsible for accepting physical custody of
minor who is 72 hours old or younger; or,
b) A location within a public or private hospital
designated by the hospital as responsible for accepting a
minor child who is 72 hours old or younger.
4)Defines a "parent" as a birth parent of a minor child who is
72 hours old or younger.
5)Protects from prosecution under California'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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor, potentially state-reimbursable costs
AB 81
Page 3
for local entities and governments to consult regarding the
designation of safe-surrender sites.
COMMENTS : According to the author, "To date, 187 babies have
been safely surrendered in California. Unfortunately, public
awareness of the law has been insufficient as almost the same
number of babies (146) have been found abandoned illegally.
There are currently 22 other states that have 30-day provisions,
and two states have one-year provisions. In North Dakota and
Missouri, a child can be relinquished for up to one year after
his or her birth without threat of prosecution for child
abandonment provided that the child is left with a health care
provider.
"According to a 2002 Centers for Disease Control Study conducted
on infant death data from 1989-1998, the second highest peak in
risk for infant homicide occurs during the eighth week of life
and may be due to a caregiver's reaction to an infant's
persistent crying. Infant crying duration peaks at six to eight
weeks of age.
"The anonymity, confidentiality and freedom from prosecution may
encourage a parent to leave his or her child at a safely
surrender site. Factors such as post-partum depression, other
mental health issues, language barriers and lack of public
awareness may prevent a woman from being able to make a decision
so quickly after having a baby.
"Extending the date from the current 72-hour provision to 30
days may save the lives of more babies in California."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916)
319-3744
FN: 0001340