BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 81|
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THIRD READING
Bill No: AB 81
Author: Torrico (D), et al
Amended: 9/4/07 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/26/07
AYES: Corbett, Harman, Ackerman, Kuehl, Steinberg
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 7/10/07
AYES: Romero, Cogdill, Cedillo, Ridley-Thomas
NOES: Margett
SENATE APPROPRIATIONS COMMITTEE : 14-2, 8/30/07
AYES: Torlakson, Aanestad, Ashburn, Battin, Cedillo,
Corbett, Florez, Kuehl, Oropeza, Ridley-Thomas, Simitian,
Steinberg, Wyland, Yee
NOES: Cox, Dutton
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 64-14, 6/6/07 - See last page for vote
SUBJECT : Child abuse and neglect: The Safe Surrender
Law
SOURCE : Author
DIGEST : This bill (1) expands/increases the age at which
an infant can be anonymously surrendered by a birth parent
without criminal liability for child abandonment under the
"safe-surrender" statute from 72 hours or younger to 7 days
CONTINUED
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or younger, and (2) expressly authorizes a local fire
agency to be a safe-surrender site, as specified.
ANALYSIS : Existing law provides that every parent of any
child under the age of 14 years, and every person to whom
any such child has been confided for nurture, or education,
who deserts such child in any place whatever with intent to
abandon it, is punishable by imprisonment in the state
prison or in the county jail not exceeding one year or by
fine not exceeding $1,000, or by both.
Existing law further provides that every person who
knowingly and willfully abandons, or who, having ability so
to do, fails or refuses to maintain his/her minor child
under the age of 14 years, or who falsely, knowing the same
to be false, represents to any manager, officer or agent of
any orphan asylum or charitable institution for the care of
orphans, that any child for whose admission into such
asylum or institution application has been made is an
orphan, is punishable by imprisonment in the state prison,
or in the county jail not exceeding one year, or by fine
not exceeding $1,000, or by both.
Existing law provides that if a parent of a minor child
willfully omits, without lawful excuse, to furnish
necessary clothing, food, shelter or medical attendance, or
other remedial care for his/her child, he/she is guilty of
a misdemeanor, as specified.
Existing law provides that every parent who refuses,
without lawful excuse, to accept his/her minor child into
the parent's home, or, failing to do so, to provide
alternative shelter, upon being requested to do so by a
child protective agency and after being informed of the
duty imposed by this statute to do so, is guilty of a
misdemeanor, as specified.
Existing law provides that no parent or other individual
having lawful custody of a minor child 72 hours old or
younger may be prosecuted for a violation of the
above-cited provisions if he/she voluntarily surrenders
physical custody of the child to personnel on duty at a
safe-surrender site, as defined.
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This bill amends this section to expand its provisions to
minor children 7 days old or younger.
Current law requires any personnel on duty at a
safe-surrender site to accept physical custody of a minor
child 72 hours old or younger pursuant to this section if a
parent or other individual having lawful custody of the
child voluntarily surrenders physical custody of the child
to personnel who are on duty at the safe-surrender site, as
specified.
This bill amends this provision to extend its application
to minor children 7 days old or younger.
Current law provides that a "safe surrender" site, for
purposes of the voluntary surrender of an infant described
above, includes the following:
1. A location designated by the board of supervisors of a
county, as specified.
2. A location within a public or private hospital that is
designated by that hospital to be responsible for
accepting physical custody of a minor child who is 72
hours old or younger from a parent or individual who has
lawful custody of the child and who surrenders the
child, as specified.
This bill amends this provision to expressly include a
local fire agency, as specified, as a "safe surrender"
site.
This bill requires that before designating a location as a
safe-surrender site, the designatory entity shall consult
with the governing body of a city, if the site is within
the city limits, 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.
This bill makes additional conforming amendments to this
section to reflect the changes to infant age and "safe
surrender site" proposed by the bill.
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Current law provides that a safe-surrender site, or
personnel of the safe-surrender site, that accepts custody
of a surrendered child?shall not be subject to civil,
criminal, or administrative liability for accepting the
child and caring for the child in the good faith belief
that action is required or authorized by this section,
including, but not limited to, instances where the child is
older than 72 hours or the parent or individual
surrendering the child did not have lawful physical custody
of the child. This subdivision does not confer immunity
from liability for personal injury or wrongful death,
including, but not limited to, injury resulting from
medical malpractice.
This bill amends this provision to provide that, "a
safe-surrender site, or the personnel of a safe-surrender
site, shall not be subject to civil, criminal, or
administrative liability for a surrendered child prior to
the time that the site or its personnel know, or should
know, that the child has been surrendered."
The Governor vetoed the author's similar bill (AB 1873)
last year. In his veto message, the Governor stated:
"California's Safe Surrender Law provides an emergency
alternative for a woman in crisis who, statistics show,
may otherwise abandon, abuse, or kill her baby. The
current 72-hour period contained in California statutes
allows for a no questions asked safe surrender of a
newborn and is supported by research and statistics that
indicate that most neonaticide occurs within the first
day. Some experts have raised concerns about this bill,
which I share, that instead of improving child safety,
increasing the time that a baby may be surrendered from
72 hours to 30 days, will have the opposite effect,
putting newborns in greater risk by keeping them in an
unsafe environment without proper care and supervision."
Prior Legislation . AB 1873 (Torrico), 2005-06 session,
passed the Senate with a vote of 28-9 on August 16, 2006,
but was vetoed by the Governor. SB 1368 (Brulte), Chapter
824, Statutes of 2000, passed the Senate with a vote of
40-0.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2007-08 2008-09 2009-10 Fund
Foster care unknown, likely minor costsLocal/
Federal
DSS: curriculum $1,500
General
State-mandated local program unknown, potentially
major costs General
(information/training)
DSS: awareness campaign, minor cost pressuresGeneral
toll-free number
SUPPORT : (Verified 9/4/07)
Antelope Valley Healthcare District
Association of California Healthcare Districts
California Commission on the Status of Women
California Medical Association
California Psychiatric Association
California State PTA
California State Sheriffs' Association
City of San Jose
League of California Cities
Mendocino Coast Healthcare District
National Association of Social Workers, California Chapter
Oak Valley Hospital District
Peace Officers Research Association of California
Sierra View District Hospital
ARGUMENTS IN SUPPORT : The author states:
"Current law allows for a parent or legal guardian to
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safely surrender their child up to 72 hours after the
time of birth. The parent has a 14 day 'cooling off'
period whereby they can reclaim their child without any
criminal or civil liability. Current safely surrender
sites include any private or public hospital and any
other designation voted by the board of supervisors.
"A lifeless baby was found abandoned in Newark in
mid-January outside of a Jack-in-the-Box trash can.
Reports from newspapers indicate that the child was
between 7 to 14 days old. At the end of January, another
baby was found on the doorsteps of a church in San Jose.
The baby was reported to be a couple of hours old and was
found during Mass.
"Currently, 46 other states have similar 'safe haven'
laws. Thirty-five of those states have safe haven
provisions that are longer than the current 72-hour
provision in California.
"Twenty-two other states have at least 30 day provisions.
My office was able to talk to Representative Glover from
Louisiana who stated that the 30 days was negotiated to
help save more babies and to address issues associated
with post partum depression."
ARGUMENTS IN OPPOSITION : One opponent, the California
Right to Life Committees, Inc. (CRLC), states that while
the group supported the original legislation authored by
Senator Brulte and the legislation that made the law
permanent, authored by Senator Dutton, it opposes this bill
because CRLC "advocates respect for life of the newborn
child and is concerned that this extension of time [to 21
days] does not advance respect for life of the newborn but
could actually jeopardize it. Therefore, CRLC must oppose
[the bill] unless the 72 hour period is maintained."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Bass, Beall, Berg, Blakeslee,
Brownley, Caballero, Charles Calderon, Carter, Cook,
Coto, Davis, De La Torre, De Leon, DeSaulnier, DeVore,
Duvall, Dymally, Emmerson, Eng, Evans, Feuer, Fuentes,
Fuller, Galgiani, Garcia, Hancock, Hayashi, Hernandez,
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Horton, Houston, Huffman, Jones, Keene, Krekorian, La
Malfa, Laird, Leno, Levine, Lieber, Ma, Mendoza, Mullin,
Nakanishi, Nava, Niello, Parra, Portantino, Price,
Richardson, Ruskin, Salas, Saldana, Silva, Smyth,
Solorio, Spitzer, Strickland, Swanson, Torrico, Tran,
Wolk, Nunez
NOES: Adams, Anderson, Benoit, Berryhill, Gaines, Huff,
Jeffries, Karnette, Lieu, Maze, Plescia, Sharon Runner,
Villines, Walters
NO VOTE RECORDED: Garrick, Soto
RJG:mw 9/4/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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