BILL ANALYSIS �
AB 1713
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Date of Hearing: May 2, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1713 (Campos) - As Introduced: February 16, 2012
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
Expands the definition of commercial film and photographic print
processor to include "image" processors, for purposes of
defining mandated reporters under the Child Abuse and Neglect
Reporting Act (CANRA.)
Specifically, this bill defines an "image processor" as any
person who "prepares, publishes, produces, develops, duplicates,
or prints any representation of information, data, or an image,
including, but not limited to, any film, filmstrip, photograph,
negative, slide, photocopy, videotape, video laser disk,
computer hardware, computer software, computer floppy disk, data
storage medium, CD-ROM, computer-generated equipment, or
computer-generated image," for compensation.
FISCAL EFFECT
1)Potentially minor annual GF costs, likely less than $150,000,
for increased state prison commitments to the extent
increasing the number of mandated reporters results in
additional state prison commitments.
2)Potentially minor annual GF costs, likely less than $150,000,
to the extent the state is required to fund additional social
workers to respond to increased workload.
3)Absorbable annual costs to DOJ to process additional CANRA
reports.
AB 1713
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4)Unknown minor nonreimbursable local law enforcement costs for
additional reporting and investigation.
5)Unknown, minor nonreimbursable local costs for prosecution and
punishment of mandated reporters who fail to report, offset to
some extent by increased fine revenue.
COMMENTS
1)Rationale. According to the author, this bill updates
references to film developing to computers and related image
processing.
According to the author, "An updated definition of digital
image is already included in the Penal Code definition of
child exploitation, which covers, film, filmstrip, photograph,
negative, slide, photocopy, videotape, video laser disc,
computer hardware, computer software, computer floppy disc,
data storage media, CD-ROM, or computer-generated equipment or
any other computer-generated images. It is a gap in the law
that the mandated reporters most likely to come across these
images - commercial film and photographic print processors -
are not expressly required to report suspected child abuse or
neglect to authorities when they appear in digital and not
photo-negative form. AB 1713 would close that gap."
2)Current law specifies a long list of a mandated reporters,
including teachers, specified school employees, day camp
administrators, social workers, firefighters, physicians,
coroners, clergy, and commercial film and photographic print
processors, who if they have knowledge of a child in his or
her professional capacity or within the scope of his or her
employment, being abused or neglected, must report the
incident to law enforcement or child protection authorities as
soon as possible, with a written report within 36 hours. The
authorities who receive the reports are in turn required to
provide substantiated reports to the DOJ, which serves as a
repository of the information in the Child Abuse Central Index
(CACI).
3)Related Pending Legislation .
a) AB 1434 (Feuer), makes higher education employees
mandated reporters, as specified. AB 1434 is pending in
Senate Public Safety.
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b) AB 1435 (Dickenson) makes athletic coaches, athletic
administrators, and athletic directors employed by a public
or private youth center, youth recreation program, or youth
organization mandated reporters and requires training. AB
1435 is on this committee's Suspense File.
c) AB 1438 (Bradford) makes it a misdemeanor to fail to
report to a peace officer an instance of known or suspected
child sexual abuse. AB 1438 is pending in Senate Public
Safety.
d) AB 1817 (Atkins) expands the list of mandated reporters
to include commercial computer technicians. AB 1817 is
before this committee today.
e) SB 1264 (Vargas) expands the list of mandated reporters
to include athletic coaches at public or private
postsecondary institutions, and increases the penalties for
failure to report an incident. SB 1264 is pending in
Senate Appropriations.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081