BILL NUMBER: AB 984	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 7, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 27, 2009

   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. 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: 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 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.   SEC. 2.   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.