BILL NUMBER: AB 984 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Nava
FEBRUARY 27, 2009
An act to add Sections 6047.5, 6047.7, and 6047.9 to the
Business and Professions Code, relating to the State Bar of
California. An act to amend Section 152.3 of, and to
add Section 152.5 to, the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 984, as amended, Nava. State Bar of California: law
school accreditation. Crimes.
Existing law requires, with specified exceptions, that 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 a peace officer as required is a
misdemeanor with specified penalties.
This bill would delete the age qualification of the victim in the
case of murder or rape.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
The bill would also provide that any person who is knowingly
present as a spectator at any place, building, or tenement where any
part of a murder or rape, or a lewd or lascivious act, as specified,
with a child under the age of 14 years is occurring, with knowledge
he or she is watching the specified crime, with the intent to watch
some or all of the crime, and without the intent to report the crime,
is guilty of a felony.
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 State Bar Act regulates the practice of law in this state by
the board of governors of the State Bar. Existing law authorizes the
board to establish an examining committee to administer the
requirements for admission to practice law. Existing law provides
that the Committee of Bar Examiners is charged with the
responsibility of accrediting law schools in California and sets
forth the standards for that accreditation. Existing law provides for
withdrawal of the accreditation or candidacy of a law school that
fails to comply with the educational standards, subject to specified
hearings and appeals processes.
This bill would require the board to seek recognition by the
Council for Higher Education Accreditation as an institutional
accrediting organization, and to ensure compliance with council
standards on accreditation. The bill would require the Committee of
Bar Examiners to establish an accreditation subcommittee to adopt
policies, rules, procedures, and processes for the accreditation of
law schools, to be funded by existing resources, as specified. The
bill would require the Committee of Bar Examiners to adopt an
appellate process for which a law school denied certification may
appeal that denial, subject to review by the Council for Higher
Education Accreditation or the appellate division of the superior
court.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 152.3 of the Penal
Code is amended 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. Section 152.5 is added to the
Penal Code , to read:
152.5. Any person who is knowingly present as a spectator at any
place, building, or tenement where any part of a crime specified in
Section 152.3 is occurring, with knowledge he or she is watching the
specified crime, with the intent to watch some or all of the crime,
and without the intent to report the crime, is guilty of a felony.
SEC. 3. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B 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 XIII B of the
California Constitution.
SECTION 1. Section 6047.5 is added to the
Business and Professions Code, to read:
6047.5. The board shall seek recognition by the Council for
Higher Education Accreditation as an institutional accrediting
organization, and shall ensure compliance with the certification
standards set forth by the Council for Higher Education
Accreditation.
SEC. 2. Section 6047.7 is added to the Business
and Professions Code, to read:
6047.7. (a) A permanent accreditation subcommittee shall be
established by the Committee of Bar Examiners to promulgate policies,
rules, procedures, and processes for law schools seeking
accreditation by the committee, subject to the standards described in
Section 6047.5.
(b) (1) The accreditation subcommittee shall consist of seven
members as follows:
(A) One member appointed by the Governor.
(B) One member appointed by the Senate Committee on Rules.
(C) One member appointed by the Speaker of the Assembly.
(D) Two members appointed by California accredited law schools.
(E) Two members appointed by the Committee of Bar Examiners, at
least one of whom shall have experience in legal education and
administration.
(2) Accreditation subcommittee members shall serve staggered terms
of five years. In order to establish staggered terms, two initial
members shall be appointed for three years, two shall be appointed
for four years, and three shall be appointed for five years. Each
subcommittee member shall be eligible to be reappointed for no more
than one additional consecutive term.
(c) The accreditation subcommittee shall be funded solely from
dues, fees, and inspection costs assessed on California accredited
law schools and from those portions of the State Bar currently
allocated for the oversight and regulation of California accredited
law schools.
SEC. 3. Section 6047.9 is added to the Business
and Professions Code, to read:
6047.9. (a) Any law school denied accreditation by the Committee
of Bar Examiners may appeal that denial pursuant to subdivision (b).
(b) For purposes of subdivision (a), the Committee of Bar
Examiners shall develop and implement an appellate process for which
a law school denied accreditation may appeal that denial, which
appellate process shall allow for review by the Council for Higher
Education Accreditation or the appellate division of the superior
court.