BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1817|
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THIRD READING
Bill No: AB 1817
Author: Atkins (D), et al.
Amended: 8/24/12 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 : 75-0, 5/29/12 - See last page for vote
SUBJECT : Child abuse reporting
SOURCE : California Keeping Innocence Digitally Safe
Coalition
DIGEST : This bill adds commercial computer technicians
as mandated child abuse and neglect reporters, as
specified.
Senate Floor Amendments of 8/24/12 are non-substantive
chaptering amendments.
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 �
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11164.)
Existing law requires "mandated reporters" to make reports
of suspected child abuse or neglect, as specified. (Penal
Code � 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 � 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 � 11166(a).)
Existing law enumerates 40 categories of persons who are
mandated child abuse and neglect reporters. (Penal Code �
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 �
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
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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 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 � 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,?."
This bill also adds the following enumerated category of
mandated reporter:
A commercial computer technician as specified in
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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
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 provides 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 provides that any commercial
computer technician and their employer who provides access
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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."
This bill is double-jointed with AB 1713 (Campos) which is
on the Senate Appropriations suspense file.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Potential ongoing 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.
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.
Potential ongoing costs (Local Revenue Fund 2011/General
Fund) to county child welfare services departments for
fielding and investigation of increased mandated reports.
Minor, absorbable costs to the Department of Justice 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 8/27/12)
California Keeping Innocence Digitally Safe Coalition
(source)
CA Legislation
California Police Chiefs Association
California Protective Parents Association
California Society for Clinical Social Work
California State Sheriffs Association
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Central California Internet Crimes Against Children Task
Force
Child Abuse Prevention Center
Child Abuse Prevention Council of Contra Costa County
Children's Civil Rights Union
City of Vista
Community Alliance for Escondido
Crime Victims Action Alliance
Crime Victims United of California
Innocent Justice Foundation
Just in Time for Foster Youth
National Association of Social Workers - California Chapter
San Bernardino County Sheriff's Office
San Diego Association of Governments Public Safety Working
Group
San Diego County Police and Sheriffs Association
San Diego County Sheriff's Office
San Diego Internet Crimes Against Children Task Force
Silicon Valley Internet Crimes Against Children Task Force
Survivors Network of Those Abused by Priests
ARGUMENTS IN SUPPORT : According to the author:
Under Existing 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.
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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
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.
ASSEMBLY FLOOR : 75-0, 5/29/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Harkey, Hayashi, Roger Hern�ndez,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight,
Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
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Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Cedillo, Fletcher, Hall, Norby,
Wieckowski
RJG:n 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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