Bill Text: CA AB1505 | 2013-2014 | Regular Session | Amended

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Bill Title: Child abuse: mandated reporters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-21 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1505 Detail]

Download: California-2013-AB1505-Amended.html

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BILL NUMBER: AB 1505	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 24, 2014
	AMENDED IN ASSEMBLY  MARCH 20, 2014

INTRODUCED BY   Assembly Member Garcia

                        JANUARY 14, 2014

   An act to amend Section 11165.1 of the Penal Code, relating to
mandated reporters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1505, as amended, Garcia. Child abuse: mandated reporters.
   Existing law, the Child Abuse and Neglect Reporting Act, requires
a mandated reporter, as defined, to report whenever he or she, 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, including sexual abuse.
   Under existing law, sexual abuse is reportable if it involves
unlawful sexual intercourse between a person 21 years of age or older
with a minor who is under 16 years of age. Existing law makes sexual
abuse reportable if any person participates in an act of sodomy or
oral copulation with a person who is under 18 years of age.
   This bill would instead make instances of sodomy or oral
copulation  with a minor  reportable as sexual abuse only if
 any person over 21 years of age participates in an act of
sodomy or oral copulation with a person who is under 16 years of age
  the conduct involves either a person over 21 years of
age or a minor under 16 years of age  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 11165.1 of the Penal Code is amended to read:
   11165.1.  As used in this article, "sexual abuse" means sexual
assault or sexual exploitation as defined by the following:
   (a) (1) Except as specified in paragraph (2), "sexual assault"
means conduct in violation of one or more of the following sections:
Section 261 (rape), subdivision (d) of Section 261.5 (statutory
rape), 264.1 (rape in concert), 285 (incest), 286 (sodomy),
subdivision (a) or (b), or paragraph (1) of subdivision (c) of
Section 288 (lewd or lascivious acts upon a child), 288a (oral
copulation), 289 (sexual penetration), or 647.6 (child molestation).
   (2) For purposes of this article, "sexual assault" does not
include conduct in violation of the following:
   (A) Paragraph (1) of subdivision (b) of Section 286 unless it
 meets the criteria specified in paragraph (2) of subdivision
(b) of Section 286   involves either a person over 21
years of age or a minor under 16 years of age  .
   (B) Paragraph (1) of subdivision (b) of Section 288a unless it
 satisfies the criteria specified in paragraph (2) of
subdivision (b) of Section 288a   involves either a
person over 21 years of age or a minor under 16 years of age  .
   (b) Conduct described as "sexual assault" includes, but is not
limited to, all of the following:
   (1) Penetration, however slight, of the vagina or anal opening of
one person by the penis of another person, whether or not there is
the emission of semen.
   (2) Sexual contact between the genitals or anal opening of one
person and the mouth or tongue of another person.
   (3) Intrusion by one person into the genitals or anal opening of
another person, including the use of an object for this purpose,
except that, it does not include acts performed for a valid medical
purpose.
   (4) The intentional touching of the genitals or intimate parts,
including the breasts, genital area, groin, inner thighs, and
buttocks, or the clothing covering them, of a child, or of the
perpetrator by a child, for purposes of sexual arousal or
gratification, except that, it does not include acts which may
reasonably be construed to be normal caretaker responsibilities;
interactions with, or demonstrations of affection for, the child; or
acts performed for a valid medical purpose.
   (5) The intentional masturbation of the perpetrator's genitals in
the presence of a child.
   (c) "Sexual exploitation" refers to any of the following:
   (1) Conduct involving matter depicting a minor engaged in obscene
acts in violation of Section 311.2 (preparing, selling, or
distributing obscene matter) or subdivision (a) of Section 311.4
(employment of minor to perform obscene acts).
   (2) A person who knowingly promotes, aids, or assists, employs,
uses, persuades, induces, or coerces a child, or a person responsible
for a child's welfare, who knowingly permits or encourages a child
to engage in, or assist 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 sexual conduct. For the purpose of this
section, "person responsible for a child's welfare" means a parent,
guardian, foster parent, or a licensed administrator or employee of a
public or private residential home, residential school, or other
residential institution.
   (3) A person who depicts a child in, or who knowingly develops,
duplicates, prints, or exchanges, a 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 and
prosecution agencies and other persons described in subdivisions (c)
and (e) of Section 311.3.