BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 1435 (Dickinson) - Child abuse reporting: athletic personnel.
Amended: June 25, 2012 Policy Vote: Public Safety 7-0
Urgency: No Mandate: Yes
Hearing Date: August 16, 2012
Consultant: Jolie Onodera
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: AB 1435 would add any athletic coach, athletic
administrator, or athletic director employed by any public or
private school that provides kindergarten or any of grades 1 to
12, inclusive, to the list of mandated child abuse and neglect
reporters.
Fiscal Impact:
Potential costs, likely less than $150,000 (General Fund)
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/General
Fund) 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 (General Fund) for additional
misdemeanor and felony court filings.
Minor, absorbable costs to the Department of Justice (DOJ)
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.
Background: Current law establishes the Child Abuse and Neglect
Reporting Act, which generally is intended to protect children
from abuse and neglect. Existing law enumerates 40 categories of
persons who are mandated child abuse and neglect reporters and
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
AB 1435 (Dickinson)
Page 1
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."
This bill and several others this session (see Related
Legislation) have been introduced largely in response to the
incidents at Penn State in 2011.
Proposed Law: This bill would add any athletic coach, athletic
administrator, or athletic director employed by any public or
private school that provides kindergarten or any of grades 1 to
12, inclusive, to the list of mandated child abuse and neglect
reporters.
Related Legislation:
AB 1434 (Feuer) 2012 makes an employee or administrator of a
public or private postsecondary institution, whose duties bring
the employee or administrator into contact with children on a
regular basis or who supervises those whose duties bring the
person 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, a mandated reporter. This bill is scheduled to be
heard in this Committee today.
AB 1438 (Bradford) 2012 expands the existing crime for failing
to notify a peace officer of a specified violent crime against a
child under 14 to include non-forcible child molestation. This
bill has been referred to the Senate Committee on Public Safety.
AB 1564 (Lara) 2012 makes volunteers of public or private
organizations including nonprofit organizations, whose duties
require direct contact with and supervision of children,
mandated reporters. This bill was not heard in the Assembly
Committee on Public Safety.
AB 1713 (Campos) 2012 expands the existing definition of
commercial film and photographic print processors who are
mandated reporters to include several enumerated types of
computer-related data and imagery. This bill is scheduled to be
heard in this Committee today.
AB 1817 (Atkins) 2012 would make commercial computer
technicians, as specified, mandated reporters. This bill has
AB 1435 (Dickinson)
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been referred to this Committee for analysis.
SB 1264 (Vargas) 2012 would add to the existing list of mandated
reporters any athletic coach, including, but not limited to, an
assistant coach or a graduate assistant involved in coaching, at
public or private postsecondary institutions. This bill has been
referred to the Assembly Committee on Appropriations.
Staff Comments: Under current law, there are 40 enumerated
categories of mandated reporters including teachers,
instructional aides and others, which already may include the
athletic coaching personnel covered by the provisions of this
bill. Current statute, for example, makes an administrator or
employee of a public or private youth center, youth recreation
program, or youth organization a mandated reporter of child
abuse or neglect.
To the extent this bill expands the number of mandated reporters
could result in an increased number of incidents reported and
prosecuted, resulting in annual state incarceration costs of
$50,000 to $150,000 General Fund.
The Judicial Council may incur increased misdemeanor filings
related to a mandated reporter's failure to report an incident
of child abuse or neglect, as well as increased felony filings
for investigated reports of abuse that could lead to prosecution
and incarceration. The annual impact to the Judicial Branch
could range from approximately $25,000 to $50,000 for 50
misdemeanor filings or 25 felony filings per year.
Local law enforcement could also incur non-reimbursable
enforcement costs due to increased reporting and investigations,
as well as enforcement costs associated with failure to report,
offset to a degree by fine revenue.
Proposed Author Amendments: Add double-jointing language.