Bill Text: CA AB1272 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Criminal procedure: trial schedule conflicts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-07-25 - Chaptered by Secretary of State - Chapter 91, Statutes of 2016. [AB1272 Detail]

Download: California-2015-AB1272-Amended.html

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BILL NUMBER: AB 1272	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2016
	AMENDED IN ASSEMBLY  APRIL 16, 2015
	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 27, 2015

   An act to amend  Sections 6250 and 6251 of the Family
Code, relating to protective orders.   Section 1048.1
of, and to add Section 368.7 to, the Penal Code, relating to crimes.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 1272, as amended, Grove.  Protective orders: persons
with developmental disabilities: sexual exploitation.  
Crimes against persons with disabilities, children, and elder and
dependent adults.  
   The Child Abuse and Neglect Reporting Act requires a law
enforcement agency that receives a report of child abuse to report to
an appropriate licensing agency every known or suspected instance of
child abuse or neglect that occurs while the child is being cared
for in a child day care facility or community care facility or that
involves a licensed staff person of the facility.  
   Existing law provides for the licensure of various healing arts
professionals, and specifies that the commission of any act of sexual
abuse, misconduct, or relations with a patient, client, or customer
constitutes unprofessional conduct and grounds for disciplinary
action against the licencee. Existing law also establishes that the
crime of sexual exploitation by a physician and surgeon,
psychotherapist, or alcohol and drug abuse counselor has occurred
when the licencee engages in specified sexual acts with a patient,
client, or former patient or client.  
   This bill would require, if a law enforcement agency has probable
cause to believe that a person who holds a state professional or
occupational credential, license, permit, or other authorization that
allows the person to provide services to children, dependent adults,
elders, or persons with disabilities and has committed specified
crimes, the law enforcement agency to promptly send a copy of its
report to the state licensing agency. The bill would require the
licensing agency to promptly investigate the report and, if it
substantiates the report, to take any action that it finds warranted.
By imposing these additional duties on law enforcement agencies,
this bill would impose a state-mandated local program.  
   Existing law requires a superior court to make reasonable efforts
to avoid setting a trial for murder, sexual assault, child abuse, or
a case being handled in the Career Criminal Prosecution Program on
the same day that another case is set for trial involving the same
prosecuting attorney.  
   This bill would expand this requirement to include a trial
involving an alleged offense against a person with a developmental
disability.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   Existing law authorizes a judicial officer to issue an ex parte
emergency protective order when a law enforcement officer asserts
reasonable grounds to believe, or the judicial officer finds, that a
person is in immediate and present danger of domestic violence, a
child is in immediate and present danger of abuse by a family or
household member or may be abducted by a parent or relative, or an
elder or dependant adult is in immediate and present danger of abuse,
as specified.  
   This bill would also authorize a judicial officer to issue an ex
parte emergency protective order when a law enforcement officer
asserts reasonable grounds to believe, or the judicial officer finds,
that a person with a developmental disability is in immediate and
present danger of sexual exploitation by a developmental disability
residential service provider. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 368.7 is added to the 
 Penal Code   , to read:  
   368.7.  (a) When a law enforcement agency finds probable cause to
believe that a person who holds a state professional or occupational
credential, license, permit, or other authorization that allows the
person to provide services to children, dependent adults, elders, or
persons with disabilities has committed a crime under any of the
following provisions of law, the law enforcement agency shall
promptly send a copy of its report, including the finding of probable
cause, to the state agency that issued the credential, license,
permit, or other authorization:
   (1) Sexual exploitation by a physician and surgeon,
psychotherapist, or drug or alcohol abuse counselor, as defined in
Section 729 of the Business and Professions Code.
   (2) Rape or other crime as defined in Chapter 1 (commencing with
Section 261) of Title 9 of Part 1.
   (3) Elder or dependent adult abuse, failure to report elder or
dependent adult abuse, interfering with a report of elder or
dependent adult abuse, or other crimes as defined in this chapter.
   (4) A hate crime motivated by antidisability bias, as defined in
Chapter 1 (commencing with Section 422.55) of Title 11.6 of Part 1.
   (5) Sexual abuse, as defined in Section 11165.1.
   (6) Child abuse, failure to report child abuse, or the interfering
with the report of child abuse.
   (b) Notwithstanding any other law, a state agency receiving a
report pursuant to this section shall promptly investigate the report
and, if it substantiates the report, shall take any action that it
finds warranted, which may include revoking the credential, license,
permit, or other authorization. The state agency shall cooperate with
the law enforcement agency and any prosecuting attorney to avoid
jeopardizing any criminal investigation or prosecution. 
   SEC. 2.    Section 1048.1 of the   Penal
Code   is amended to read: 
   1048.1.   (a)    In scheduling a trial date at
an arraignment in superior court involving  murder, 
 any of the following offenses, reasonable efforts shall be made
to avoid setting that trial, when that case is assigned to a
particular prosecuting attorney, on the same day that another case is
set for trial involving the same prosecuting attorney: 
    (1)     Murder,  as defined in
subdivision (a) of Section  187, an   187. 

    (2)     An  alleged sexual assault
offense, as described in subdivisions (a) and (b) of Section 
11165.1, or an   11165.1. 
    (3)    An  alleged child abuse
offense, as described in Section  11165.6, or a 
 11165.6. 
    (4)     A  case being handled in the
Career Criminal Prosecution Program pursuant to  Sections
999b through 999h, reasonable efforts shall be made to avoid setting
that trial, when that case is assigned to a particular prosecuting
attorney, on the same day that another case is set for trial
involving the same prosecuting attorney.   Chapter 2.2
(commencing with Section 999b).  
   (5) An alleged offense against a person with a developmental
disability.  
   (b) For purposes of this section, "developmental disability" has
the same meaning as found in Section 4512 of the Welfare and
Institutions Code. 
   SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 6250 of the Family Code is
amended to read:
   6250.  A judicial officer may issue an ex parte emergency
protective order if a law enforcement officer asserts reasonable
grounds to believe any of the following:
   (a) That a person is in immediate and present danger of domestic
violence, based on the person's allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought.
   (b) That a child is in immediate and present danger of abuse by a
family or household member, based on an allegation of a recent
incident of abuse or threat of abuse by the family or household
member.
   (c) That a child is in immediate and present danger of being
abducted by a parent or relative, based on a reasonable belief that a
person has an intent to abduct the child or flee with the child from
the jurisdiction or based on an allegation of a recent threat to
abduct the child or flee with the child from the jurisdiction.
   (d) That an elder or dependent adult is in immediate and present
danger of abuse as defined in Section 15610.07 of the Welfare and
Institutions Code, based on an allegation of a recent incident of
abuse or threat of abuse by the person against whom the order is
sought, except that no emergency protective order shall be issued
based solely on an allegation of financial abuse.
   (e) That a person with a developmental disability, as defined in
Section 4512 of the Welfare and Institutions Code, is in immediate
and present danger of sexual exploitation by a developmental
disability residential service provider.  
  SEC. 2.    Section 6251 of the Family Code is
amended to read:
   6251.  An emergency protective order may be issued only if the
judicial officer finds both of the following:
   (a) That reasonable grounds have been asserted to believe that an
immediate and present danger of domestic violence exists, that a
child is in immediate and present danger of abuse or abduction, that
an elder or dependent adult is in immediate and present danger of
abuse as defined in Section 15610.07 of the Welfare and Institutions
Code, or that a person with a developmental disability is in
immediate and present danger of sexual exploitation by a
developmental disability residential service provider.
   (b) That an emergency protective order is necessary to prevent the
occurrence or recurrence of domestic violence, child abuse, child
abduction, abuse of an elder or dependent adult, or sexual
exploitation of a person with a developmental disability.