BILL NUMBER: AB 2410	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fuller

                        FEBRUARY 19, 2010

   An act to amend Section 13879.80 of the Penal Code, relating to
child abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2410, as introduced, Fuller. Child abuse: crime scenes:
hallucinogens, methamphetamine, cocaine, PCP, and heroin.
   Existing law encourages every law enforcement and social services
agency in this state to develop, adopt, and implement written
policies and standards for their response to narcotics crime scenes
where a child is either immediately present or where there is
evidence that a child lives. Existing law provides that these
policies shall reflect the fact that exposing a child to the
manufacturing, trafficking, and use of narcotics is criminal conduct
and that a response coordinated by law enforcement and social
services agencies is essential to the child's health and welfare.
   This bill would make these provisions applicable also to crime
scenes involving hallucinogens, methamphetamine, cocaine, PCP, and
heroin.
   Existing law further provides that the needs of a drug endangered
child are best served with written policies encouraging the arrest of
an individual for child endangerment where there is probable cause
that an offense has been committed coordinated with an appropriate
investigation of the child's welfare by child protective agencies,
and that protocols that encourage a dependency investigation
contemporaneous with a law enforcement investigation at a narcotics
crime scene, when appropriate, are consistent with a child's best
interest.
   This bill would provide that the removal of a child from a crime
scene, when appropriate, is also consistent with the child's best
interest.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13879.80 of the Penal Code is amended to read:
   13879.80.  (a) Every law enforcement and social services agency in
this state is encouraged to develop, adopt, and implement written
policies and standards for their response to  narcotics
 crime scenes  involving narcotics or hallucinogens
 where a child is either immediately present or where there is
evidence that a child lives, by January 1, 2005. These policies shall
reflect the fact that exposing a child to the manufacturing,
trafficking, and use of narcotics  or hallucinogens  is
criminal conduct and that a response coordinated by law enforcement
and social services agencies is essential to the child's health and
welfare.
   (b) The needs of a drug endangered child are best served with
written policies encouraging the arrest of an individual for child
endangerment where there is probable cause that an offense has been
committed coordinated with an appropriate investigation of the child'
s welfare by child protective agencies. Protocols that encourage a
dependency investigation  , and removal of the child from the
crime scene   ,  contemporaneous with a law enforcement
investigation at a  narcotics  crime scene 
involving narcotics or hallucinogens  , when appropriate, are
consistent with a child's best interest. 
   (c) Subdivisions (a) and (b) shall also apply to crime scenes
involving methamphetamine, cocaine, phencyclidine (PCP), and heroin.