BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 840|
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THIRD READING
Bill No: SB 840
Author: Yee (D), et al
Amended: 4/13/10
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 3/23/10
AYES: Leno, Cogdill, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Reporting crimes
SOURCE : Richmond Improvement Association
DIGEST : This bill expands the duty to report the
commission of a murder, rape or specified sex offense on a
child under the age of 18.
ANALYSIS : Existing law provides that "every person who,
after a felony has been committed, harbors, conceals or
aids a principal in such a felony, with the intent that
said principal may avoid or escape from arrest, trial,
conviction or punishment, having knowledge that said
principal has committed such a felony or has been charged
with such a felony or convicted thereof is an accessory to
the felony and is guilty of a wobbler." (Sections 32 and
33 of the Penal Code)
Existing law provides that it is a crime for any person
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having knowledge of the actual commission of a crime to
take money or property of another, or any gratuity or
reward, or any engagement or promise thereof upon any
agreement or understanding to compound or conceal a crime
or abstain from any prosecution thereof or to withhold any
evidence thereof. The penalty for such crime is a wobbler
if the crime being concealed was punishable by death or
life in prison or any other felony and a six-month
misdemeanor if the crime being concealed was a misdemeanor.
(Section 153 of the Penal Code)
Existing law imposes specified requirements on a mandated
reporter, as defined, with respect to the observation and
reporting of physical abuse of an elder or dependent adult,
with failure to report punishable as a misdemeanor.
(Sections 15630 and 15634 of the Welfare and Institutions
Code)
Existing law, the Elder Abuse and Dependent Adult Civil
Protection Act, provides for the reporting of actual or
suspected physical or other abuse, as defined, of an elder
or dependent adult by specified persons and entities,
including care custodians, and imposes various requirements
on state and local agencies in processing, investigating,
and reporting on these reports. (Section 15600 et seq. of
the Welfare and Institutions Code)
Existing law provides that a health care practitioner,
child care provider, child protective agency employee,
child visitation monitor, firefighter, animal control or
humane society officer who reasonably suspects that a child
has been abused must report such suspected child abuse to a
child protective agency. (Section 11166 of the Penal Code)
Existing law provides that any person who reasonably
believes that he/she has observed the commission of a
murder, rape or lewd act on a child by force, where the
victim is a child under the age of 14 years shall notify a
peace officer. Failure to notify is a misdemeanor
punishable by a fine of not more than $1,500, up to six
months in jail, or both fine and jail. The duty to report
does not apply to a person who is related to either the
victim or offender, a person who fails to report because of
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a reasonable mistake of fact or a person who fails to
report based on a reasonable fear for his/her own
reasonable fear for his or her own safety or for the safety
of his/her family. (Section 152.3 of the Penal Code)
This bill increases the duty to report specified crimes,
including infractions, against a victim who is under the
age of 18.
This bill adds to the offenses that must be reported if
committed against a victim under the age of 18 to include
sodomy, lewd acts on a child, oral copulation or sexual
penetration by an unknown object when any of the offenses
are accomplished by use of force, violence, duress, menace,
or fear of immediate and unlawful bodily injury on the
victim or another person.
This bill exempts the victim and a person under 12 years of
age from the duty to report.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 4/20/10)
Richmond Improvement Association (source)
California Coalition Against Sexual Assault
California Psychiatric Association
California State PTA
California State Sheriffs' Association
California Statewide Law Enforcement Association
Childhelp
Children Now
Children's Advocacy Institute
Childrens Hospital Los Angeles
Crime Victims Action Alliance
Crime Victims United
District Attorney of the City and County of San Francisco
Peace Officers Research Association of California
Police Department of the City and County of San Francisco
San Bernardino County Sheriff's Department
Stockton Unified School District
OPPOSITION : (Verified 4/20/10)
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American Civil Liberties Union
California District Attorneys Association
ARGUMENTS IN SUPPORT : According to the author's office,
this bill revises this Act in response to the October 24,
2009 alleged rape in Richmond, California, when a
16-year-old female student of Richmond High School was
allegedly raped repeatedly by a group of young males in a
courtyard on the school campus while a homecoming dance
was being held. The existing statutes could not apply
since the victim was older than 14 years old. This bill
updates this statute to cover all children.
It is unconscionable someone could turn its back to a minor
being assaulted; this bill is an attempt to reassert the
collective duty to protect our children.
ARGUMENTS IN OPPOSITION : The California District
Attorneys Association opposes this bill, stating:
"We appreciate what we perceive to be the implicit goal
of this bill: to increase the frequency with which
terrible crimes are reported to law enforcement.
Unfortunately, we are concerned that this bill could
jeopardize prosecutions for the underlying crimes that
you are seeking to have reported. It is for this reason
that CDAA opposed the creation of Penal Code Section
152.3 by AB 1422 (Torlakson, Chapter 477, Statutes of
2000) and must now oppose its expansion.
"Our specific concern lies with the fact that, if a
prosecutor needs or wants to use a witness who has failed
to report the crime at issue, the prosecutor will likely
have to grant the witness immunity from the offense of
failing to notify a peace officer. Conferring immunity
can damage the People's case because the immunity
agreement will be disclosed to the defense and could be
used as the basis for impeachment despite the fact that
the jury might not know the nature of the offense for
which the witness has been granted immunity.
"Additionally, the statute's broad exception from
reporting that applies to a witness who fears for his or
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her safety or that of his or her family renders this law,
as currently written and as proposed to be amended by
this bill, essentially toothless. We fear that this
measure will not effectively encourage the reporting of
crimes, but could very likely hinder prosecutions of
horrific offenses by expanding the breadth of the
reporting requirement."
RJG:mw 4/20/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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