BILL ANALYSIS �
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair A
2011-2012 Regular Session B
1
8
1
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
(More)
AB 1817 (Atkins)
PageB
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); California
Business Properties Association (unless amended);
California Retailers Association (unless amended);
TechNet (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
(More)
AB 1817 (Atkins)
PageC
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 � 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
(More)
AB 1817 (Atkins)
PageE
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.
(More)
AB 1817 (Atkins)
PageF
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."
(More)
AB 1817 (Atkins)
PageG
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
(More)
AB 1817 (Atkins)
PageH
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."
(More)
AB 1817 (Atkins)
PageI
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
(More)
AB 1817 (Atkins)
PageJ
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:
(More)
AB 1817 (Atkins)
PageK
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
(More)
AB 1817 (Atkins)
PageL
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
(More)
AB 1817 (Atkins)
PageM
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).
(More)
AB 1817 (Atkins)
PageN
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
(More)
AB 1817 (Atkins)
PageO
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.
(More)
AB 1817 (Atkins)
PageP
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.
(More)
AB 1817 (Atkins)
PageQ
(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.
(More)
-----------------------------------------------------------------
| 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
-----------------------------------------------------------------
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.
***************