BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1713|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1713
Author: Campos (D)
Amended: 8/21/12 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, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Child abuse reporting
SOURCE : Author
DIGEST : 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, 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
Section 11164.)
CONTINUED
AB 1713
Page
2
Existing law requires "mandated reporters" to make reports
of suspected child abuse or neglect, as specified. (Penal
Code 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." (Penal Code 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." (Penal Code Section 11166(a).)
Existing law enumerates 40 categories of persons who are
mandated child abuse and neglect reporters. (Penal Code
Section 11165.7 (a).) Except 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 ?."
(Penal Code Section 11165.7(b).)
Existing law makes the following persons mandated
reporters:
A commercial film and photographic print processor, as
specified in subdivision (e) of Section 11166. As used in
this article, "commercial film and photographic print
processor" means any person who develops exposed
photographic film into negatives, slides, or prints, or who
makes prints from negatives or slides, for compensation.
The term includes any employee of such a person; it does
CONTINUED
AB 1713
Page
3
not include a person who develops film or makes prints for
a public agency.
This bill broadens this provision to include an "image"
processor, and expressly include 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."
Existing law provides that any "commercial film and
photographic print processor who has knowledge of or
observes, within the scope of his or her professional
capacity or employment, any film, photograph, videotape,
negative, or slide depicting a child under the age of 16
years engaged in an act of sexual conduct, shall report the
instance of suspected child abuse to the law enforcement
agency having jurisdiction over the case immediately, or as
soon as practicably possible, by telephone and shall
prepare and send, fax, or electronically transmit a written
report of it with a copy of the film, photograph,
videotape, negative, or slide attached within 36 hours of
receiving the information concerning the incident," as
specified. (Penal Code Section 11166(e).)
This bill revises this provision to include "image"
processors, and any "slide, or any representation of
information, data, or an image, including, but not limited
to, a 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, ?."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potential ongoing costs to the Department of Corrections
CONTINUED
AB 1713
Page
4
and Rehabilitation, 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, potentially 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.
SUPPORT : (Verified 8/20/12)
AFSCME, AFL-CIO
BizParentz Foundation
California Police Chiefs Association
California Retailers Association
Child Abuse Prevention Center
Crime Victims United of California
National Association of Social Workers - California Chapter
ARGUMENTS IN SUPPORT : According to the author:
California law requires certain individuals, who by
virtue of their position or profession have a unique
position of responsibility toward children, to report
child abuse. These individuals are known as Mandated
Reporters, and include "commercial film and
photographic print processors" - Penal Code (PC)
Section 11165.7 (29).
Currently, "commercial film and photographic print
processor" means any person who develops exposed
CONTINUED
AB 1713
Page
5
photographic film into negatives, slides, or prints,
or who makes prints from negatives or slides, for
compensation. This definition is out of date in the
modern era of computers, digital cameras and smart
phones.
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hern�ndez, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. P�rez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel P�rez
RJG:n 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED