BILL ANALYSIS �
AB 1775
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1775 (Melendez)
As Amended May 13, 2014
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |75-0 |(April 24, |SENATE: |35-0 |(July 3, 2014) |
| | |2014) | | | |
-----------------------------------------------------------------
Original Committee Reference: PUB. S.
SUMMARY : Provides that knowingly downloading, streaming, or
accessing material, including a video recording, in which a
child is engaged in an act of obscene sexual conduct, except as
specified, is sexual exploitation for the purpose of mandated
reporting by specified individuals under the Child Abuse and
Neglect Reporting Act (CANRA).
The Senate amendments provide that the streaming or accessing
through electronic or digital media of material in which a child
is engaged in an act of obscene sexual conduct is sexual
exploitation for the purpose of mandated reporting under CANRA.
EXISTING LAW :
1)Requires a mandated reporter to make a report to a specified
agency 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 who the
mandated reporter knows or reasonably suspects has been the
victim of child abuse or neglect. Requires the mandated
reporter to make an initial report to the agency immediately
or as soon as is practicably possible by telephone and to
prepare and send, fax, or electronically transmit a written
follow-up report thereof within 36 hours of receiving the
information concerning the incident. Authorizes the mandated
reporter to include with the report any non-privileged
documentary evidence the mandated reporter possesses relating
to the incident.
2)Punishes as a misdemeanor any mandated reporter who fails to
report an incident of known or reasonably suspected child
abuse or neglect as required with up to six months confinement
in a county jail, a fine of $1,000, or by both that
AB 1775
Page 2
imprisonment and fine. States that if a mandated reporter
intentionally conceals his or her failure to report an
incident known by the mandated reporter to be abuse or severe
neglect, as specified, the failure to report is a continuing
offense until a specified agency discovers the offense.
3)Defines "child" under CANRA as a person under the age of 18
years.
4)Defines, for purposes of CANRA, "child abuse or neglect" to
include physical injury or death 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. States that "child abuse or neglect" does
not include a mutual affray between minors or 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.
5)Defines "sexual abuse" to mean sexual assault or sexual
exploitation as these terms are defined.
6)States that "sexual exploitation" refers to any of the
following:
a) Conduct involving matter depicting a minor engaged in
obscene acts in violation of state law with respect to:
i) The preparing, selling, or distributing of obscene
matter; and
ii) The employment or use of a minor to perform
prohibited acts.
b) Any person who knowingly promotes, aids, assists,
employs, uses, persuades, induces, or coerces a child, or
any person responsible for a child's welfare as specified,
who knowingly permits or encourages a child to engage in,
or assists others to engage in, prostitution or a live
performance involving obscene sexual conduct, or to either
pose or model alone or with others for purposes of
preparing a film, photograph, negative, slide, drawing,
painting, or other pictorial depiction, involving obscene
AB 1775
Page 3
sexual conduct; and
c) Any person who depicts a child in, or who knowingly
develops, duplicates, prints, or exchanges, any film,
photograph, videotape, negative, or slide in which a child
is engaged in an act of obscene sexual conduct, except for
those activities by law enforcement, prosecution agencies,
and other described persons.
7)Provides that volunteers of public or private organizations,
except a volunteer of a Court Appointed Special Advocate
program, whose duties require direct contact with and
supervision of children are not mandated reporters but are
encouraged to obtain training in the identification and
reporting of child abuse and neglect and are further
encouraged to report known or suspected instances of child
abuse or neglect to a specified agency.
8)Strongly encourages employers to provide their employees who
are mandated reporters with training in the duties imposed by
CANRA. States that this training shall include training in
child abuse and neglect identification and training in child
abuse and neglect reporting and that whether or not employers
provide their employees with training in child abuse and
neglect identification and reporting, the employers are
required to provide their employees who are mandated reporters
with a statement that informs the employee that he or she is a
mandated reporter and informs the employee of his or her
reporting obligations and of his or her confidentiality
rights.
9)Encourages public and private organizations to provide their
volunteers whose duties require direct contact with and
supervision of children with training in the identification
and reporting of child abuse and neglect.
10)Provides that neither the physician-patient privilege nor the
psychotherapist-patient privilege applies to information
reported pursuant to CANRA in any court proceeding or
administrative hearing.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : According to the author, "AB 1775 will further ensure
AB 1775
Page 4
the protection of children from the proliferation of sexual
exploitation through internet child pornography. The State
Legislature has a duty to ensure it does everything within its
power to make certain the most vulnerable of our society, our
children, are protected."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0004095