BILL ANALYSIS �
AB 1432
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CONCURRENCE IN SENATE AMENDMENTS
AB 1432 (Mitchell)
As Amended August 20, 2012
Majority vote
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|ASSEMBLY: |67-3 |(January 26, |SENATE: |37-1 |(August 22, |
| | |2012) | | |2012) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires a parent or guardian to report to law
enforcement the disappearance or death of a child under the age
of 14 within a specified period of time.
The Senate amendments :
1)Specify that any parent or guardian having the care, custody,
or control of a child under 14 years of age who knows or
should have known that the child has died shall notify a
public safety agency, as specified, within 24 hours of the
time that the parent or guardian knew or should have known
that the child has died. This provision does not apply if 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.
2)Specify that any parent or guardian having the care, custody,
or control of a child under 14 years of age shall notify law
enforcement within 24 hours of the time 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
specified. This provision does not apply if law enforcement
is otherwise aware that the child is a missing person.
3)State that violation of this section is a misdemeanor
punishable by imprisonment in the county jail for not more
than one year, by a fine not exceeding $1,000, or by both that
fine and imprisonment.
4)Remove the urgency clause.
EXISTING LAW :
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1)States that the desertion of a child in any place with the
intent to abandon the child is prohibited and is punishable by
imprisonment for up to one year, a fine of $1,000, or by both
that fine and imprisonment.
2)States that any person who, under circumstances or conditions
likely to produce great bodily harm or death, willfully causes
or permits any child to suffer, or inflict thereupon
unjustifiable physical pain or mental suffering, or having the
care or custody of any child, willfully causes or permits the
person or health of that child to be injured, or willfully
causes or permits that child to be placed in a situation where
his or her person or health is endangered, shall be punished
by imprisonment in jail not exceeding one year, or in the
state prison for two, four or six years.
3)States that any person who, under circumstances or conditions
other than those likely to produce great bodily harm or death,
willfully causes or permits any child to suffer, or inflicts
thereupon unjustifiable physical pain or mental suffering, or
having the care or custody of any child, willfully causes or
permits the person or health of that child to be injured, or
willfully causes or permits that child to be placed in a
situation where his or her person or health is endangered, is
guilty of a misdemeanor.
4)States that any person having the care or custody of a child
who is under eight years of age, who assaults the child by
means of force that a reasonable person would be likely to
produce great bodily injury, resulting in the child's death,
shall be punished by imprisonment in the state prison for 25
years to life.
5)States that every person who, having knowledge of an
accidental death, actively conceals or attempts to conceal
that death, shall be guilty of a misdemeanor punishable by
imprisonment in a county jail for up to one year, a fine not
less than $1,000 or more than $10,000, or by both that fine
and imprisonment. "Actively conceal and accidental death"
includes:
a) Performing an overt act that conceals the body or
directly impedes the ability of authorities or family
members to discover the body;
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b) Directly destroying or suppressing evidence of the
actual physical body of the deceased, including but not
limited to, bodily fluids or tissues; or,
c) Destroying or suppressing the actual physical
instrumentality of death.
AS PASSED BY THE ASSEMBLY , this bill required a parent or
guardian to report to law enforcement the disappearance or death
of a child under the age of 14 within a specified period of
time. Specifically, this bill :
1)Stated that any parent or guardian having the care, custody,
and 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 county jail for up to one year, a fine not to
exceed $2,000, or both that fine and imprisonment.
2)Stated that any parent or guardian having the care, custody,
and 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 shall be guilty of a misdemeanor,
punishable by imprisonment in county jail for up to six
months, a fine not to exceed $1,000, or both that fine and
imprisonment.
3)Stated that nothing shall prevent an individual from being
prosecuted under another section.
4)Stated that this law shall be known as "Caylee's Law."
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Ongoing minor court costs for new misdemeanor filings, likely
less than $12,000 (General Fund) for 25 additional misdemeanor
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filings per year.
2)Potential non-reimbursable local enforcement and incarceration
costs, offset to a degree by fine revenue.
3)While the impact of this bill independently is likely to be
minor, the cumulative effect of all new misdemeanors could
create General Fund cost pressure on capital outlay, staffing,
programming, the courts, and other resources in the context of
recently enacted 2011 Public Safety Realignment.
COMMENTS : According to the author, "AB 1432 originally made it
a felony violation to not report the disappearance of a child,
aged 14 years or younger, to law enforcement authorities with 24
hours if the parent or guardian has any reason to believe the
child may be in danger. Further, it made it a felony violation
to fail to report to law enforcement the death of a child within
24 hours.
"Amendments taken in this committee allow for tiered misdemeanor
violations. If the child is feared to be in danger of physical
harm, the adult shall be found guilty of a misdemeanor,
punishable by imprisonment in county jail for up to one year, a
maximum fine of $2,000 or both. If the child has disappeared
under circumstances other than the fear of physical harm, the
adult shall be found guilty of a misdemeanor, punishable by
imprisonment in county jail for up to six months, a maximum fine
of $1,000 or both.
"Law enforcement has known for years that the first 48 hours of
a person's disappearance are critical to the chances of finding
that child alive and successfully prosecuting any related
criminal behavior. Recent developments make it clear that we
don't have the luxury of leaving the protection of children to
others, or ignoring well-founded suspicions."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0005258
AB 1432
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