BILL NUMBER: AB 1432	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN ASSEMBLY  JANUARY 4, 2012
	AMENDED IN ASSEMBLY  AUGUST 18, 2011

INTRODUCED BY   Assembly Member Mitchell
   (Principal coauthors: Assembly Members Morrell and Wieckowski)
   (Coauthors: Assembly Members Torres, Valadao, and Williams)

                        JULY 12, 2011

   An act to add Section 273j to the Penal Code, relating to crimes,
and declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1432, as amended, Mitchell. Crimes.
   Existing law makes it a crime for a parent or guardian of a minor
child to willfully omit, without lawful excuse, clothing, food,
shelter, or medical care for the child. Existing law also makes it a
crime for a parent or guardian to desert a child under 14 years of
age with the intent to abandon  him or her  
that child  .
   This bill would  provide that   require 
a parent or guardian of a child under 14 years of age who 
knowingly fails to report to law enforcement within 24 hours that the
child has died when the death occurred under circumstances that
would cause a reasonable person to believe that the death occurred as
a result of a crime, or that the child has disappeared under
circumstances that would lead a reasonable person to believe the
child is in danger of physical harm, is guilty of a misdemeanor,
punishable by imprisonment in a county jail for up to one year, a
fine not to exceed $2,000, or by both that fine and imprisonment. The
bill would further provide that a parent or guardian of a child
under 14 years of age who knowingly fails to notify law enforcement
within 24 hours that the child has disappeared under circumstances
other than those described above is guilty of a misdemeanor,
punishable by imprisonment in a county jail for up to 6 months,
  knows or should have known that the child has died to
notify a public safety agency, as defined, within 24 hours of the
time that the parent or guardian knew or should have known that the
child has died, and to notify law enforcement within 24 hours of the
time that a parent or guardian knows or should have known that the
child is a missing person and there is evidence that the child is a
person at risk, except as specified. The bill would make a violation
  of those provisions a misdemeanor punishable by
imprisonment in a county jail for not more than one year, or by 
a fine not  to exceed   exceeding  $1,000,
or by both that fine and imprisonment. The bill would also provide
that these provisions shall not preclude prosecution under any other
provision of law. 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.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  This act shall be known as Caylee's Law.
  SEC. 2.  Section 273j is added to the Penal Code, to read:
   273j.  (a)  (1)    Any parent or guardian having
the care, custody,  and   or  control of a
child under 14 years of age who  knowingly fails to notify
law enforcement within 24 hours of the death of the child if the
child died under circumstances that would lead a reasonable person to
believe that the death occurred as a result of a crime, or the
disappearance of the child if the circumstances of the child's
disappearance would lead a reasonable person to believe the child was
in danger of physical harm, shall be guilty of a misdemeanor,
punishable by imprisonment in a county jail for up to one year, a
fine not to exceed two thousand dollars ($2,000), or by both that
fine and imprisonment.   knows or should have known that
the child has died shall notify a public safety agency, as defined
in Section 53102 of the Government Code, within 24 hours of the time
that the parent or guardian knew or should have known that the child
has died.  
   (2) This subdivision shall not apply when a child is otherwise
under the immediate care of a physician at the time of death, or if a
public safety agency, a coroner, or a medical examiner is otherwise
aware of the death. 
   (b)  (1)    Any parent or guardian having the
care, custody,  and   or  control of a
child under 14 years of age  who knowingly fails to notify
law enforcement within 24 hours of the disappearance of the child
under circumstances other than those described in subdivision (a),
shall be guilty of a misdemeanor, punishable by imprisonment in a
county jail for up to six months, a fine not to exceed one thousand
dollars ($1,000), or by both that fine and imprisonment. 
 shall notify law enforcement within 24 hours of the time that
the parent or guardian knows or should have known that the child is a
missing person and there is evidence that the child is a person at
risk, as those terms are defined in Section 14213.  
   (2) This subdivision shall not apply if law enforcement is
otherwise aware that the child is a missing person.  
   (c) A violation of this section is a misdemeanor punishable by
imprisonment in a county jail for not more than one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.  
   (c) 
    (d)  Nothing in this section shall preclude prosecution
under any other provision of law.
  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.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order to protect children  at the earliest possible time
 from criminal acts that could lead to harm or death, it is
necessary that this act take effect immediately.