BILL ANALYSIS                                                                                                                                                                                                    �







                      SENATE COMMITTEE ON PUBLIC SAFETY
                            Senator Loni Hancock, Chair              A
                             2011-2012 Regular Session               B

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          AB 1817 (Atkins)                                           7
          As Amended June 13, 2012 
          Hearing date: June 19, 2012
          Penal Code
          AA:dl

                      MANDATED CHILD ABUSE AND NEGLECT REPORTERS:

                           COMMERCIAL COMPUTER TECHNICIANS  



                                       HISTORY

          Source:  California Keeping Innocence Digitally Safe (K.I.D.S.) 
          Coalition

          Prior Legislation: AB 1475 (Galgiani) - 2007-08 session, held in 
          Senate Appropriations
                       AB 2304 (Runner) - 2005-06 session, failed passage 
          in Senate Public Safety

          Support: California State Sheriffs' Association; California 
          Police Chiefs Association; San     Bernardino County Sheriff's 
          Office; San Diego County Sheriff's Department; San     Diego 
          County Chiefs' and Sheriff's Association; Silicon Valley 
          Internet Crimes Against Children Task Force; San Diego Internet 
          Crimes Against Children Task       Force; San Diego Association 
          of Governments Public Safety Working Group;  Central California 
          Internet Crimes Against Children Task Force; City of Vista; 
          Crime Victims Action Alliance; The Child Abuse Prevention 
          Center; Crime Victims United of California; The Child Abuse 
          Prevention Council of Contra       Costa; The Children's Civil 




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                                                           AB 1817 (Atkins)
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          Rights Union; The Innocent Justice Foundation; Just    in Time 
          for Foster Youth; The National Association of Social Workers, 
          California     Chapter; The Survivors Network of those Abused by 
          Priests; California Society for    Clinical Social Work; 
          Community Alliance for Escondido

          Opposition:                                                 The 
          Technology Association of America; California Chamber of 
          Commerce (unless amended) 

          Assembly Floor Vote:  Ayes  75 - Noes  0



                                         KEY ISSUE
          
          SHOULD "COMMERCIAL COMPUTER TECHNICIANS" BE ADDED AS MANDATED CHILD 
          ABUSE AND NEGLECT REPORTERS, AS SPECIFIED?


                                       PURPOSE

          The purpose of this bill is to add "commercial computer 
          technicians" as mandated child abuse and neglect reporters, as 
          specified.

           Current law  establishes the Child Abuse and Neglect Reporting 
          Act ("CANRA"), which generally is intended to protect children 
          from abuse and neglect.  (Penal Code � 11164.)

           Current law  requires "mandated reporters" to make reports of 
          suspected child abuse or neglect, as specified.  (Penal Code � 
          11165.9.)

           Under current 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 




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          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 � 11165.6.)

           Current 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 � 
          11166(a).)

           Current law  enumerates 40 categories of persons who are mandated 




























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          child abuse and neglect reporters. <1>  (Penal Code � 11165.7 
          (a).)  Except as specified, current 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 � 11165.7(b).)

           Current law  , as noted in footnote (1), makes the following 
          persons mandated reporters:

               A commercial film and photographic print processor, as 
               ----------------------
          <1>  Mandatory child abuse and neglect reporters under Penal 
          Code Section 11165.7:  (1) A teacher.  (2) An instructional 
          aide.  (3) A teacher's aide or teacher's assistant employed by 
          any public or private school.  (4) A classified employee of any 
          public school.  (5) An administrative officer or supervisor of 
          child welfare and attendance, or a certificated pupil personnel 
          employee of any public or private school.  (6) An administrator 
          of a public or private day camp.  (7) An administrator or 
          employee of a public or private youth center, youth recreation 
          program, or youth organization.  (8) An administrator or 
          employee of a public or private organization whose duties 
          require direct contact and supervision of children.  (9) Any 
          employee of a county office of education or the California 
          Department of Education, whose duties bring the employee into 
          contact with children on a regular basis.  (10) A licensee, an 
          administrator, or an employee of a licensed community care or 
          child day care facility.  (11) A Head Start program teacher.  
          (12) A licensing worker or licensing evaluator employed by a 
          licensing agency as specified.  (13) A public assistance worker. 
           (14) An employee of a child care institution, including, but 
          not limited to, foster parents, group home personnel, and 
          personnel of residential care facilities.  (15) A social worker, 
          probation officer, or parole officer.  (16) An employee of a 
          school district police or security department.  (17) Any person 
          who is an administrator or presenter of, or a counselor in, a 
          child abuse prevention program in any public or private school.  
          (18) A district attorney investigator, inspector, or local child 
          support agency caseworker unless the investigator, inspector, or 
          caseworker is working with an attorney appointed pursuant to 
          Section 317 of the Welfare and Institutions Code to represent a 
          minor.  (19) A peace officer, as specified.  (20) A firefighter, 
          except for volunteer firefighters.  (21) A physician, surgeon, 
          psychiatrist, psychologist, dentist, resident, intern, 
          podiatrist, chiropractor, licensed nurse, dental hygienist, 
          optometrist, marriage, family and child counselor, clinical 
          social worker, or any other person who is currently licensed 
          under Division 2of the Business and Professions Code.  (22) Any 
          emergency medical technician I or II, paramedic, or other person 
          certified pursuant to Division 2.5 of the Health and Safety 
          Code.  (23) A psychological assistant, as specified.  (24) A 
          marriage, family, and child therapist trainee, as specified.  
          (25) An unlicensed marriage, family, and child therapist intern, 
          as specified.  (26) A state or county public health employee who 
          treats a minor for venereal disease or any other condition.  
          (27) A coroner.  (28) A medical examiner, or any other person 
          who performs autopsies.  (29) A commercial film and photographic 
          print processor, as specified.  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 not include a person who develops film or makes 
          prints for a public agency.  (30) A child visitation monitor, as 
          specified.  (31) An animal control officer or humane society 
          officer, as specified.  (32) A clergy member, as specified.  
          (33) Any custodian of records of a clergy member, as specified.  
          (34) Any employee of any police department, county sheriff's 
          department, county probation department, or county welfare 
          department.  (35) An employee or volunteer of a Court Appointed 
          Special Advocate program, as specified.  (36) A custodial 
          officer, as specified.  (37) Any person providing services to a 
          minor child under Section 12300 or 12300.1 of the Welfare and 
          Institutions Code. (38) An alcohol and drug counselor, as 
          specified.  (39)  A clinical counselor trainee, as specified.  
          (40)  A clinical counselor intern, as specified.








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               specified in subdivision (e) of Section 11166.<2>  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 not include a person who develops film 
               or makes prints for a public agency.

           This bill  would broaden 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, 
          ---------------------------
          <2>   Subdivision (e) of Penal Code section 11166 states:  "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 used in this subdivision,
          "sexual conduct" means any of the following:  (1) Sexual 
          intercourse, including genital-genital, oral-genital, 
          anal-genital, or oral-anal, whether between persons of the same 
          or opposite sex or between humans and animals.  (2) Penetration 
          of the vagina or rectum by any object.  (3) Masturbation for the 
          purpose of sexual stimulation of the
          viewer.  (4) Sadomasochistic abuse for the purpose of sexual 
          stimulation of the viewer.  (5) Exhibition of the genitals, 
          pubic, or rectal areas of any person for the purpose of sexual 
          stimulation of the viewer."



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          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."  

           Current 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 � 11166(e).)

           This bill  would revise 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, . . . 
          ."

           This bill  also would add the following enumerated category of 
          mandated reporter:

               A commercial computer technician as specified in 
               subdivision (e) of Section 11166.  As used in this 
               article, "commercial computer technician" means a 
               person who works for a company that is in the business 
               of repairing, installing, or otherwise servicing a 
               computer or computer component, including, but not 
               limited to, a computer part, device, memory storage or 
               recording mechanism, auxiliary storage recording or 
               memory capacity, or any other material relating to the 




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               operation and maintenance of a computer or computer 
               network system, for a fee. An employer who provides an 
               electronic communications service or a remote 
               computing service to the public shall be deemed to 
               comply with this article if that employer complies 
               with Section 2258A of Title 18 of the United States 
               Code.

           This bill  would provide that, "(a)ny commercial computer 
          technician who has knowledge of or observes, within the scope of 
          his or her professional capacity or employment, any 
          representation of information, data, or an image, including, but 
          not limited, to any computer hardware, computer software, 
          computer file, computer floppy disk, data storage medium, 
          CD-ROM, computer-generated equipment, or computer-generated 
          image that is retrievable in perceivable form and that is 
          intentionally saved, transmitted, or organized on an electronic 
          medium, depicting a child under 16 years of age engaged in an 
          act of sexual conduct, shall immediately, or as soon as 
          practicably possible, telephonically report the instance of 
          suspected abuse to the law enforcement agency located in the 
          county in which the images or material are seen. As soon as 
          practicably possible after receiving the information concerning 
          the incident, the reporter shall prepare and send, fax, or 
          electronically transmit a written follow-up report of the 
          incident with a brief description of the images or materials."
           
          As used in this subdivision, "electronic medium" would "include, 
          but not be limited to, a recording, CD-ROM, magnetic disk 
          memory, magnetic tape memory, CD, DVD, thumb-drive, or any other 
          computer hardware or media."

           This bill  additionally would provide that any commercial 
          computer technician and their employer who provides access to a 
          computer or computer component in their possession in response 
          to a request from a government agency, "shall not incur civil or 
          criminal liability as a result of providing access to the 
          government agency."
           





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                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
                                      ("ROCA")
          
          In response to the unresolved prison capacity crisis, since 
          early 2007 it has been the policy of the chair of the Senate 
          Committee on Public Safety and the Senate President pro Tem to 
          hold legislative proposals which could further aggravate prison 
          overcrowding through new or expanded felony prosecutions.  Under 
          the resulting policy known as "ROCA" (which stands for 
          "Receivership/Overcrowding Crisis Aggravation"), the Committee 
          has held measures which create a new felony, expand the scope or 
          penalty of an existing felony, or otherwise increase the 
          application of a felony in a manner which could exacerbate the 
          prison overcrowding crisis by expanding the availability or 
          length of prison terms (such as extending the statute of 
          limitations for felonies or constricting statutory parole 
          standards).  In addition, proposed expansions to the 
          classification of felonies enacted last year by AB 109 (the 2011 
          Public Safety Realignment) which may be punishable in jail and 
          not prison (Penal Code section 1170(h)) would be subject to ROCA 
          because an offender's criminal record could make the offender 
          ineligible for jail and therefore subject to state prison.  
          Under these principles, ROCA has been applied as a 
          content-neutral, provisional measure necessary to ensure that 
          the Legislature does not erode progress towards reducing prison 
          overcrowding by passing legislation which could increase the 
          prison population.  ROCA will continue until prison overcrowding 
          is resolved.

          For the last several years, severe overcrowding in California's 
          prisons has been the focus of evolving and expensive litigation. 
           On June 30, 2005, in a class action lawsuit filed four years 
          earlier, the United States District Court for the Northern 
          District of California established a Receivership to take 
          control of the delivery of medical services to all California 
          state prisoners confined by the California Department of 
          Corrections and Rehabilitation ("CDCR").  In December of 2006, 
          plaintiffs in two federal lawsuits against CDCR sought a 
          court-ordered limit on the prison population pursuant to the 
          federal Prison Litigation Reform Act.  On January 12, 2010, a 




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          three-judge federal panel issued an order requiring California 
          to reduce its inmate population to 137.5 percent of design 
          capacity -- a reduction at that time of roughly 40,000 inmates 
          -- within two years.  The court stayed implementation of its 
          ruling pending the state's appeal to the U.S. Supreme Court.  

          On May 23, 2011, the United States Supreme Court upheld the 
          decision of the three-judge panel in its entirety, giving 
          California two years from the date of its ruling to reduce its 
          prison population to 137.5 percent of design capacity, subject 
          to the right of the state to seek modifications in appropriate 
          circumstances.  Design capacity is the number of inmates a 
          prison can house based on one inmate per cell, single-level 
          bunks in dormitories, and no beds in places not designed for 
          housing.  Current design capacity in CDCR's 33 institutions is 
          79,650.

          On January 6, 2012, CDCR announced that California had cut 
          prison overcrowding by more than 11,000 inmates over the last 
          six months, a reduction largely accomplished by the passage of 
          Assembly Bill 109.  Under the prisoner-reduction order, the 
          inmate population in California's 33 prisons must be no more 
          than the following:

                 167 percent of design capacity by December 27, 2011 
               (133,016 inmates);
                 155 percent by June 27, 2012;
                 147 percent by December 27, 2012; and
                 137.5 percent by June 27, 2013.
               
          This bill does not aggravate the prison overcrowding crisis 
          described above under ROCA.
                                          
          
                                      COMMENTS

          1.  Stated Need for This Bill

           The author states:





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               Under current law, commercial film and photographic 
               print processors are required to be mandated reporters 
               of child abuse and neglect.  They bear this 
               responsibility because they are in a unique position 
               to discover child pornography during the course of 
               their work.

               However, laws designed for traditional "print media" 
               are no longer adequate in today's digital world.  The 
               vast majority of sexual exploitation of children is 
               now hidden on personal computers and on the internet. 
               . . .  

               Child pornography can now exist and be shared 
               electronically in perpetuity from possessor to 
               possessor.  . . .   

               In 2007, the National Center for Missing and Exploited 
               Children had identified 9.6 million images and videos 
               of child pornography and believed there were millions 
               more yet to be identified.  And in 2010, the U.S. 
               Department of Justice reported that over 600,000 
               unique Internet Protocol (IP) addresses (i.e., 
               individual computers) have been tracked trading these 
               images in the United States alone.

               Under federal law (U.S.C. � 2258A), electronic 
               communication service providers and remote computing 
               service providers are already required to be mandated 
               reporters of child pornography.  However, this duty 
               does not extend to other businesses which are engaged 
               in repairing, installing, or otherwise servicing a 
               computer or computer components.

               Not surprisingly, with such easy access to digital 
               material, traditional print media has rapidly declined 
               as a source of child pornography.  One study found 
               that only 18 percent of those arrested for possession 
               of child pornography had print images while 96 percent 
               had digital images.  Clearly, in order to combat the 




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               pervasiveness of child pornography and the continued 
                                                     exploitation of children, California law needs to be 
               updated to reflect these technological changes.

               While ten (10) other states have already taken action, 
               California law has not been updated to address these 
               advances in technology.  

               Like their counterparts in print media who process 
               commercial film and photos, commercial computer 
               technicians can help protect children by assisting law 
               enforcement to find and stop the predators who abuse 
               them.

          2.  What This Bill Would Do
           
          As explained in detail above, this bill would make "commercial 
          computer technicians" mandated child abuse and neglect 
          reporters.  Key elements include the following:  

           Definition:   "commercial computer technician" would mean a 
          person who works for a company that is in the business of 
          repairing, installing, or otherwise servicing a computer or 
          computer component, with non-exclusive illustrative examples 
          describing "material relating to the operation and maintenance 
          of a computer or computer network system, for a fee."  

           Duty:   a commercial computer technician would have to report 
          when:

                 He or she "has knowledge of or observes, within the 
               scope of his or her professional capacity or employment,"
                 "any representation of information, data, or an image, 
               including, but not limited, to any computer hardware, 
               computer software, computer file, computer floppy disk, 
               data storage medium, CD-ROM, computer-generated equipment, 
               or computer-generated image that is retrievable in 
               perceivable form and that is intentionally saved, 
               transmitted, or organized on an electronic medium,"
                 "depicting a child under 16 years of age engaged in an 




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               act of sexual conduct, . . ."


          The reporter would be required to "immediately, or as soon as 
          practicably possible, telephonically report the instance of 
          suspected abuse to the law enforcement agency located in the 
          county in which the images or material are seen. Within 36 hours 
          of receiving the information concerning the incident, the 
          reporter shall prepare and send, fax, or electronically transmit 
          a written follow-up report of the incident with a brief 
          description of the images or materials."

          The bill would provide that an "employer who provides an 
          electronic communications service or a remote computing service 
          to the public shall be deemed to comply with this article if 
          that employer complies with Section 2258A of Title 18 of the 
          United States Code."

          The bill also would provide civil and criminal immunity for 
          computer technicians and their employers who provide access to 
          computer materials to a requesting government agency, as 
          specified.

          3.  Existing Reporters; Potential Scope of "Perceivable" Materials 
          for Reporters Under This       Bill; Opposition Concerns  

          As enumerated in footnote (1), current law contains forty 
          categories of mandated child abuse and neglect reporters.  Most 
          of these appear to be professionals who would have 
          individualized, face-to-face contact giving rise to the 
          knowledge or reasonable suspicion that neglect or abuse may have 
          occurred.<3>  This bill would add mandated reporters whose 
          knowledge or reasonable suspicion would come from computer data. 
           As noted by the sponsor of this bill, "recent advances in the 
          Internet and digital technology have dramatically increased the 
          ability and ease with which perpetrators can photograph, video, 
          ---------------------------
          <3>   This may not be the case for custodians of records for 
          clergy members (paragraph 33) or an employee of any police, 
          sheriff's, probation or welfare department (paragraph 34).  It 
          also would not be the case for film processors (paragraph 29).



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          store and trade their sexual abuse of children. . . .  A 
          computer technician is the only profession that would feasibly 
          discover child pornography in the course of their routine work." 
              

          The Technology Association of America (TechAmerica), which 
          opposes this bill, submits in part:

               Those listed individuals who are obliged to report are 
               those who, based upon their professional or employment 
               experience, are those who are likely to gain direct, 
               first-hand knowledge about or form a direct, 
               first-hand professionally-based "reasonable suspicion" 
               of the existence of child abuse and neglect. . . .  
                






               A departure from this is the current law's treatment 
               of film and photograph processors. They do not have 
               any specialized professional training nor do they deal 
               with children or families directly. However, it makes 
               sense to extend mandatory reporting laws to them 
               because prior to the widespread use of digital 
               photography - when every mini-mall had an instant 
               photo shop - it could safely be assumed that the 
               overwhelming number of photographs they would process 
               would be documentary, capturing real events in the 
               lives of consumers. . . .

               It is true of course that child pornographers will use 
               computers to distribute child pornography. However, 
               computers are now places where creative, entirely 
               non-documentary work is imagined, crafted, stored, and 
               distributed. Almost every art form - comics, 
               photography, novels, illustration, music, video and 
               film - is made with the computers that are subject to 




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               this bill. . . .  

               Think of the pivotal, nearly final scene in the 
               Academy-Award winning film "American Beauty." The 
               pivotal scene is one of statutory rape by a father of 
               a high school cheerleader. A photo of such a scene 
               delivered to a retail photo processor is safely 
               assumed to be documentary and the law sensibly makes 
               such a generalization. But no such comparable 
               assumption or generalization can be with the same 
               certainty be made at all when it comes to what is 
               housed on computers - a machine that is in part 
               camera, photo editor, film editor, television, and 
               movie theater.

               . . .

               . . . (S)ome of our larger companies have hundreds of 
               employees that will fall into the vast definition of a 
               "commercial computer technician." It is untenable to 
               imagine that each of these employees must individually 
               be obligated to go to the police based on what they 
               subjectively perceive when performing their job 
               functions. This requirement is additionally 
               complicated because, unlike photo technicians where in 
               the great number of retail transactions the images 
               processed can safely be assumed to be documentary, as 
               discussed, the trigger for reporting for a computer 
               technician will confused by exposure to 
               non-documentary materials. Computers and smart phones 
               (also covered by the bill) are ever-more platforms for 
               delivering entertainment content that is fictional but 
               could be mistakenly seen as real by an employee.











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          The California Chamber of Commerce, which opposes this bill 
          unless amended, proposes that this bill be amended "to clarify 
          that a computer tech may report to a designated person who in 
          turn will be responsible for the report to law enforcement.  
          This procedure is necessary to help companies who have a 
          sizeable group of computer techs manage the reporting process 
          responsibly.  We do not have any intention of the designated 
          person screening or prohibiting the report from being made."

          Proponents submit that a process by which technicians report to 
          supervisors could pose a barrier to reports being made, and that 
          an employee and supervisor could disagree, or be motivated by 
          conflicting interests, all of which could thwart direct 
          communication between a mandated reporter and law enforcement.  
          Materials provided from the author's office state in part:

               It is difficult to understand what function that an 
               intermediary agent between the mandated reporter and 
               law enforcement would serve other than to erect a 
               barrier or serve as a filter through which reporting 
               can be limited by the employer.

          Current law provides that reporting duties "are individual, and 
          no supervisor or administrator may impede or inhibit the 
          reporting duties, and no person making a report shall be subject 
          to any sanction for making the report.  However, internal 
          procedures to facilitate reporting and apprise supervisors and 
          administrators of reports may be established provided that they 
          are not inconsistent with this article.  . . .  The internal 
          procedures shall not require any employee required to make 
          reports pursuant to this article to disclose his or her identity 
          to the employer.  . . .   Reporting the information regarding a 
          case of possible child abuse or neglect to an employer, 
          supervisor, school principal, school counselor, coworker, or 
          other person shall not be a substitute for making a mandated 
          report . . . .  (Penal Code � 11166(i).)  Current law provides 
          that any supervisor or administrator who impedes, prohibits or 
          sanctions an employee for making a mandated report shall be 
          punished by not more than six months in a county jail, by a fine 
          of not more than $1,000, or by both that fine and imprisonment.  




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          (Penal Code � 11166.01.)

          Members and the author may wish to discuss whether computer 
          technicians, because of the scope and nature of what materials 
          they handle and what could trigger their reporting duty, would 
          require provisions unique from other mandated reporters, or if a 
          process such as that proposed by the Chamber would undermine the 
          core purposes of mandated reporting.  In addition, members may 
          wish to discuss whether all computer technicians would need or 
          have the qualifications and training necessary to be mandated 
          child abuse and neglect reporters.  

          4.  Related Measures

           Several bills have been introduced this session which propose to 
          expand the obligation to report suspected child abuse or 
          neglect. 



























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          |      Bill       |     What the Bill Does     |      Status      |
          |-----------------+----------------------------+------------------|
          |AB 1817 (Atkins) |Makes "commercial computer  |Before this       |
          |                 |technicians," as specified, |Committee (this   |
          |                 |mandated reporters.         |bill)             |
          |-----------------+----------------------------+------------------|
          |AB 1713 (Campos) |Expands existing definition |Before this       |
          |                 |of commercial film and      |Committee         |
          |                 |photographic print          |                  |
          |                 |processers who are mandated |                  |
          |                 |reporters to include        |                  |
          |                 |several enumerated types of |                  |
          |                 |computer-related data and   |                  |
          |                 |imagery.                    |                  |
          |-----------------+----------------------------+------------------|
          |AB 1434 (Feuer)  | Makes an "employee of a    |Before this       |
          |                 |public or private           |Committee         |
          |                 |institution of higher       |                  |
          |                 |education, 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.                   |                  |
          |-----------------+----------------------------+------------------|
          |AB 1435          |Makes an "athletic coach,   |Before this       |
          |(Dickinson)      |athletic administrator, or  |Committee         |
          |                 |athletic director employed  |                  |
          |                 |by a public or private      |                  |
          |                 |organization, including,    |                  |
          |                 |but not limited to, schools |                  |
          |                 |that provide kindergarten   |                  |
          |                 |or any of grades 1 to 12,   |                  |
          |                 |inclusive," a mandated      |                  |
          |                 |reporter.                   |                  |




                                                                     (More)







                                                           AB 1817 (Atkins)
                                                                      PageS

          |-----------------+----------------------------+------------------|
          |AB 1438          |Expands the existing crime  |Before this       |
          |(Bradford)       |for failing to notify a     |Committee         |
          |                 |peace officer of a          |                  |
          |                 |specified violent crime     |                  |
          |                 |against a child under 14 to |                  |
          |                 |include non-forcible child  |                  |
          |                 |molestation (PC 152.3)      |                  |
          |-----------------+----------------------------+------------------|
          |SB 1264 (Vargas) |Makes any "athletic coach,  |Passed this       |
          |                 |including, but not limited  |Committee 4/17/12 |
          |                 |to, an assistant coach or a |(7-0); pending in |
          |                 |graduate assistant involved |the Assembly      |
          |                 |in coaching, at public or   |                  |
          |                 |private postsecondary       |                  |
          |                 |institutions," a mandated   |                  |
          |                 |reporter.                   |                  |
          |-----------------+----------------------------+------------------|
          |SB 1551 (Vargas) |Requires a "competent adult |Pulled by author  |
          |                 |who becomes aware of        |after hearing in  |
          |                 |information or evidence     |this Committee    |
          |                 |that would cause a          |4/17/12 (ROCA     |
          |                 |reasonable suspicion of     |bill)             |
          |                 |child sexual                |                  |
          |                 |abuse is required to report |                  |
          |                 |that information to state   |                  |
          |                 |or local law enforcement or |                  |
          |                 |to county child protective  |                  |
          |                 |services within 72 hours,"  |                  |
          |                 |with specified criminal     |                  |
          |                 |penalties.                  |                  |
          |-----------------+----------------------------+------------------|
          |AB 1564 (Lara)   |Makes "volunteers of public |Assembly Public   |
          |                 |or private organizations,   |Safety            |
          |                 |including nonprofit         |                  |
          |                 |organizations, whose duties |                  |
          |                 |require direct contact with |                  |
          |                 |and supervision of          |                  |
          |                 |children," mandated         |                  |
          |                 |reporters.                  |                  |












                                                           AB 1817 (Atkins)
                                                                      PageT

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          5.  Technical Amendment

           This bill incorporates into its principal provisions the 
          contents of AB 1713 (Campos).  In discussions with the author's 
          office, Committee staff has suggested the bill be amended 
          instead to accommodate the provisions of AB 1713 (also before 
          the Committee) through chaptering language.  


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