BILL ANALYSIS �
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THIRD READING
Bill No: AB 1434
Author: Feuer (D)
Amended: 6/25/12 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/19/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
ASSEMBLY FLOOR : 73-0, 4/12/12 - See last page for vote
SUBJECT : Mandatory child abuse and neglect reporting:
employees of higher education institutions
SOURCE : Childrens Advocacy Institute
DIGEST : This bill adds employees and administrators of a
public or private postsecondary institution, as to child
abuse or neglect occurring on that institution's premises
or at an official activity of, or program conducted by, the
institution" as mandated child abuse and neglect reporters,
as specified.
ANALYSIS : Existing law establishes the Child Abuse and
Neglect Reporting Act (CANRA), which generally is intended
to protect children from abuse and neglect. (Penal Code
CONTINUED
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(PEN) Section 11164)
Existing law requires "mandated reporters" to make reports
of suspected child abuse or neglect, as specified. (PEN
Section 11165.9)
Under existing law the term "child abuse or neglect" for
purposes of CANRA "includes physical injury inflicted by
other than accidental means upon a child by another person,
sexual abuse as defined . . . , neglect as defined . . . ,
the willful harming or injuring of a child or the
endangering of the person or health of a child, as defined
. . . , and unlawful corporal punishment or injury as
defined . . . . 'Child abuse or neglect' does not include
a mutual affray between minors. 'Child abuse or neglect'
does not include an injury caused by reasonable and
necessary force used by a peace officer acting within the
course and scope of his or her employment as a peace
officer." (PEN Section 11165.6)
Existing law provides that, except as specified, "a
mandated reporter shall make a report . . . whenever the
mandated reporter, in his or her professional capacity or
within the scope of his or her employment, has knowledge of
or observes a child whom the mandated reporter knows or
reasonably suspects has been the victim of child abuse or
neglect." (PEN Section 11166(a))
Existing law enumerates 40 categories of persons who are
mandated child as specified, existing law provides that
"volunteers of public or private organizations whose duties
require direct contact with and supervision of children are
not mandated reporters . . . ." (PEN Section 11165.7(b))
An employee or administrator of a public or private
postsecondary institution, whose duties bring the
administrator or employee into contact with children on a
regular basis, or who supervises those whose duties bring
the administrator or employee into contact with children on
a regular basis, as to child abuse or neglect occurring on
that institution's premises or at an official activity of,
or program conducted by, the institution. Nothing in this
paragraph shall be construed as altering the lawyer-client
privilege as set forth in Article 3 (commencing with
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Section 950) of Chapter 4 of Division 8 of the Evidence
Code.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
First-year cost pressure to public postsecondary
institutions potentially in excess of $200,000 (General
Fund (GF)) to develop training modules, policies and
forms.
Annual cost pressure to public postsecondary
institutions for ongoing training and administrative
costs associated with noticing, tracking, and
compliance.
Potential costs, likely less than $150,000 (GF) for
increased state prison commitments to the extent
increasing the number of mandated reporters results in
additional felony convictions.
Potential ongoing costs (Local Revenue Fund 2011/GF) to
county child welfare services departments for fielding
and investigation of increased mandated reports.
Ongoing costs to the Judicial Branch, likely in the
range of $25,000 to $50,000 (GF) for additional
misdemeanor and felony court filings.
Minor, absorbable costs to the Department of Justice to
process additional CANRA reports.
Non-reimbursable local law enforcement costs due to
additional reporting and investigation, as well as
increased enforcement for failure to report, offset to a
degree by fine revenue.
SUPPORT : (Verified 8/16/12)
Children's Advocacy Institute (source)
California Narcotic Officers' Association
California Police Chiefs Association
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California Probation, Parole and Correctional Association
California Protective Parents Association
California State Sheriffs' Association
Child Abuse Prevention Center
Crime Victims Action Alliance
Crime Victims United of California
Peace Officers of California
University of California
ARGUMENTS IN SUPPORT : The author states in part:
This bill closes the gap in current law where college
employees who are not otherwise mandated reporters are
not required to report to law enforcement suspicions of
child abuse on college campuses or college campus
sponsored events.
California Community Colleges: AB 1434 would expand
mandated reporter requirements to all California
Community College employees. CCCs have many minor
students who would be protected by the provisions of
this bill.
. . . Further, this bill helps protect children who
participate in programs that use community college
facilities.
The CCC's Chancellor's office has put forth the legal
opinion that some California community college employees
are implicitly subject to mandated reporter
requirements. That opinion states that employees of
community colleges who would regularly and continuously
come into contact with children in a way that would make
apparent evidence child abuse or neglect (Legal Opinion
L 02-03, attached). . . .
Four-year Public and Private Postsecondary Institutions:
AB 1434 would expand mandated reporter requirements to
all 4-year public and private postsecondary institution
employees. This bill would help protect students under
18, as well as children participating in activities on
4-year college campuses. Some employees of the
California State University, University of California,
and private postsecondary institutions are already
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subject to mandated reporter requirements for other
reasons (for instance, child care providers at a day
care for students' children, or health care providers at
a college health clinic).
ASSEMBLY FLOOR : 73-0, 4/12/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Chesbro,
Conway, Davis, Dickinson, Donnelly, Eng, Feuer, Fong,
Fuentes, Beth Gaines, Galgiani, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Charles Calderon, Cedillo, Cook,
Fletcher, Furutani, Garrick, Wieckowski
RJG:k 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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