BILL NUMBER: AB 2410	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  APRIL 20, 2010

INTRODUCED BY   Assembly Member Fuller
   (Coauthor: Senator Florez)

                        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 amended, 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. The bill would delete obsolete language.
   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 protocols that encourage the removal
of a child from a crime scene if an immediate threat to the child's
health or safety exists, when appropriate, are also consistent with
the child's best interest.  This bill would provide that
protocols, policies, and standards adopted o   r developed
pursuant to the above provisions shall comply with and be consistent
with existing provisions of law relating to the jurisdiction,
temporary custody,   and detention of dependent children.

   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 crime scenes involving
narcotics or hallucinogens where a child is either immediately
present or where there is evidence that a child lives. 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 
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 if an immediate threat to the child's health or safety exists,
contemporaneous with a law enforcement investigation at a 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.

   (d) Protocols, policies, and standards adopted or developed
pursuant to this section shall comply with and be consistent with the
provisions of Article 6 (commencing with Section 300) and Article 7
(commencing with Section 305) of Chapter 2 of Part 1 of the Welfare
and Institutions Code.