BILL ANALYSIS                                                                                                                                                                                                    Ó



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          ASSEMBLY THIRD READING


          AB  
          832 (Cristina Garcia)


          As Amended  April 16, 2015


          Majority vote


           -------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                  |Noes                 |
          |----------------+------+----------------------+---------------------|
          |Public Safety   |5-2   |Quirk, Gonzalez,      |Melendez, Lackey     |
          |                |      |Jones-Sawyer, Low,    |                     |
          |                |      |Santiago              |                     |
          |                |      |                      |                     |
          |----------------+------+----------------------+---------------------|
          |Appropriations  |10-5  |Gomez, Bloom, Bonta,  |Bigelow, Chang,      |
          |                |      |Eggman, Eduardo       |Gallagher, Jones,    |
          |                |      |Garcia, Holden,       |Wagner               |
          |                |      |Quirk, Rendon, Weber, |                     |
          |                |      |Wood                  |                     |
           -------------------------------------------------------------------- 


          SUMMARY:  Provides that "sexual assault" for purposes of reporting  
          incidents of abuse under the Child Abuse Neglect and Reporting Act  
          (CANRA) does not include voluntary acts of sodomy, oral  
          copulation, or sexual penetration, unless it involves a person who  
          is 21 years of age or older engaging in these acts with a minor  
          who is under 16 years of age. 
          EXISTING LAW:  


          1)Establishes CANRA for the purpose of protecting children from  








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            abuse and neglect. 
          2)Defines "child" under CANRA to mean a person under the age of 18  
            years.  


          3)Enumerates categories of persons who are mandated reporters  
            under CANRA.  


          4)Requires, except as provided, 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 whom the  
            mandated reporter knows or reasonably suspects has been the  
            victim of child abuse or neglect.  The mandated reporter shall  
            make an initial report to the agency immediately or as soon as  
            is practicably possible by telephone and shall prepare and send,  
            fax, or electronically transmit a written follow up report  
            within 36 hours of receiving the information concerning the  
            incident.  The mandated reporter may include with the report any  
            nonprivileged documentary evidence the mandated reporter  
            possesses relating to the incident.  


          5)Defines "reasonable suspicion" to mean that it is objectively  
            reasonable for a person to entertain a suspicion, based upon the  
            facts that could cause a reasonable person in a like position,  
            drawing, when appropriate, on his or her training and  
            experience, to suspect child abuse or neglect.  


          6)Provides that any mandated reporter who fails to report an  
            incident of known or reasonably suspected child abuse or neglect  
            as required by this section is guilty of a misdemeanor  
            punishable by up to six months confinement in a county jail or  
            by a fine of $1,000 or by both that imprisonment and fine.  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 under this section, the failure to report is a  








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            continuing offense until a specified agency discovers the  
            offense.  


          7)Defines "child abuse or neglect" under CANRA 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.  


          8)States that "sexual abuse" means sexual assault or sexual  
            exploitation. 


          9)Defines "sexual assault" as conduct in violation of one or more  
            of the following crimes: rape, statutory rape involving a person  
            who is 21 years of age or older with a minor who is under 16  
            years of age, rape in concert, incest, sodomy with a person who  
            is under 18 years of age, lewd or lascivious acts upon a child  
            who is under 14, or who is 14 or 15 years of age by a person who  
            is at least 10 years older than the child, oral copulation,  
            sexual penetration, or child molestation, as specified. 


          10)States that any person 21 years of age or older who engages in  
            unlawful sexual intercourse with a minor who is under 16 years  
            of age is guilty of an alternate felony/misdemeanor punishable  
            by imprisonment in a county jail not exceeding one year, or by  
            imprisonment in county jail for two, three, or four years.  


          11)Makes any person over 21 years of age who participates in an  
            act of sodomy with another person who is under 16 years of age  
            guilty of a felony, except as provided in provisions of law  
            related to lewd and lascivious conduct with minors under the age  
            of 14. 









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          12)Provides that any person over 21 years of age who participates  
            in an act of oral copulation with another person who is under 16  
            years of age is guilty of a felony, except as provided in  
            provisions of law related to lewd and lascivious conduct with  
            minors under the age of 14. 


          13)States, except as provided in provisions of law related to lewd  
            and lascivious conduct with minors under the age of 14, any  
            person over 21 years of age who participates in an act of sexual  
            penetration with another person who is under 16 years of age  
            shall be guilty of a felony. 


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, negligible state costs.


          COMMENTS:  According to the author, "AB 832 creates a clear,  
          uniform, and non-discriminatory standard for mandated reporters to  
          follow when reporting instances of consensual sexual expressions  
          amongst minors. Clear and consistent reporting requirements would  
          ensure that reporters are more confident and knowledgeable about  
          what needs to be reported and result in increased safety for our  
          youth.  


          "AB 832 would treat all consensual sexual activity the same way  
          that sexual intercourse is treated for the purposes of child abuse  
          reporting. All activity that is exploitive or coercive in nature  
          would remain a mandated report."




          Analysis Prepared by:                                               
                          Stella Choe / PUB. S. / (916) 319-3744  FN:  
          0000255








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