Bill Text: CA AB2417 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Child abuse reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 860, Statutes of 2016. [AB2417 Detail]

Download: California-2015-AB2417-Chaptered.html

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BILL NUMBER: AB 2417	CHAPTERED
	BILL TEXT

	CHAPTER  860
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2016
	PASSED THE SENATE  AUGUST 18, 2016
	PASSED THE ASSEMBLY  APRIL 28, 2016
	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 19, 2016

   An act to amend Section 11105.04 of the Penal Code, relating to
child abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2417, Cooley. Child abuse reporting.
   Existing law requires the Department of Justice to maintain an
index of all reports of child abuse and severe neglect submitted by
agencies mandated to make those reports. Existing law requires the
Department of Justice to make relevant information contained in the
index available to specified law enforcement agencies, county welfare
departments, and other agencies that are conducting a child abuse
investigation.
   Existing law authorizes a designated Court Appointed Special
Advocate (CASA) program to submit to the department fingerprint
images and related information of employment and volunteer candidates
for the purpose of obtaining information as to the existence and
nature of any record of child abuse investigations contained in the
Child Abuse Central Index, state- or federal-level convictions, or
state- or federal-level arrests for which the department establishes
that the applicant was released on bail or on his or her own
recognizance pending trial. Existing law requires the department to
charge a fee sufficient to cover the cost of processing the requests
for state- and federal-level criminal offender record information.
   This bill would instead prohibit the department from charging a
fee for state-level criminal offender record information.


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

  SECTION 1.  Section 11105.04 of the Penal Code is amended to read:
   11105.04.  (a) A designated Court Appointed Special Advocate
(CASA) program may submit to the Department of Justice fingerprint
images and related information of employment and volunteer candidates
for the purpose of obtaining information as to the existence and
nature of any record of child abuse investigations contained in the
Child Abuse Central Index, state- or federal-level convictions, or
state- or federal-level arrests for which the department establishes
that the applicant was released on bail or on his or her own
recognizance pending trial. Requests for federal-level criminal
offender record information received by the department pursuant to
this section shall be forwarded to the Federal Bureau of
Investigation by the department.
   (b) When requesting state-level criminal offender record
information pursuant to this section, the designated CASA program
shall request subsequent arrest notification, pursuant to Section
11105.2 of the Penal Code, for all employment and volunteer
candidates.
   (c) The department shall respond to the designated CASA program
with information as delineated in subdivision (p) of Section 11105 of
the Penal Code.
   (d) (1) The department shall charge a fee sufficient to cover the
cost of processing the requests for federal-level criminal offender
record information.
   (2) The department shall not charge a fee for state-level criminal
offender record information.
   (e) For purposes of this section, a designated CASA program is a
local court-appointed special advocate program that has adopted and
adheres to the guidelines established by the Judicial Council and
which has been designated by the local presiding juvenile court judge
to recruit, screen, select, train, supervise, and support lay
volunteers to be appointed by the court to help define the best
interests of children in juvenile court dependency and wardship
proceedings. For purposes of this section, there shall be only one
designated CASA program in each California county.