Bill Text: CA AB2606 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2606 (Prior Session Legislation)

Bill Title: Crimes against children, elders, dependent adults, and persons with disabilities.

Sponsorship: Moderate Partisan Bill (Republican 5-1)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2606 Detail]

Download: California-2015-AB2606-Amended.html

BILL NUMBER: AB 2606	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 3, 2016

INTRODUCED BY   Assembly Member Grove
    (   Coauthor:   Assembly Member  
Jones   ) 
    (  Coauthors:   Senators   Bates,
  Berryhill,   Huff,   and Roth  
) 

                        FEBRUARY 19, 2016

   An act to add Chapter 14 (commencing with Section 368.7) to Title
9 of Part 1 of the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2606, as amended, Grove. Crimes against children, elders,
dependent adults, and persons with disabilities.
   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 proscribes the commission of certain crimes against
elders and dependent adults, including, but not limited to,
inflicting upon an elder or dependent adult unjustifiable physical
pain or mental suffering, as specified. Existing law proscribes the
commission of a hate crime, as defined, against certain categories of
persons, including disabled persons.
   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 licensee. 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 licensee engages in specified sexual acts with a patient,
client, or former patient or client.
   This bill would require, if a law enforcement agency receives a
report, or if a law enforcement officer makes a report, that a person
who holds a state professional or occupational credential, license,
or permit that allows the person to provide services to children,
elders, dependent adults, or persons with disabilities is alleged to
have committed one or more of specified crimes, the law enforcement
agency to promptly send a copy of the report to the state 
licensing  agency that issued the credential, license, or
 permit.   permit, except as specified. The bill
would require a state agency to prioritize and process the report
pursuant to applicable law in the same manner as similar reports
received by that agency in order to ensure due process of law and
equal protection of the laws.  By imposing additional duties on
law enforcement agencies, this bill would impose a state-mandated
local program.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Chapter 14 (commencing with Section 368.7) is added to
Title 9 of Part 1 of the Penal Code, to read:
      CHAPTER 14.   REPORTING CRIMES AGAINST CHILDREN,
ELDERS, DEPENDENT ADULTS, AND PERSONS WITH DISABILITIES 
 CROSS REPORTING TO STATE AGENCIES OF SEX CRIMES, CHILD, D 
 EPENDENT ADULT, AND ELDER ABUSE AND NEGLECT, AND FAILURE TO
REPORT ABUSE AND NEGLECT 


   368.7.  If a law enforcement agency receives a report, or if a law
enforcement officer makes a report, that a person who holds a state
professional or occupational credential, license, or permit that
allows the person to provide services to children, elders, dependent
adults, or persons with disabilities is alleged to have committed one
or more of the crimes described in subdivisions (a) to  (f),
  (d),  inclusive, the law enforcement agency
shall promptly send a copy of the report to the state agency that
issued the credential, license, or permit.  If the law
enforcement agency determines that sending the copy of the report to
the state agency would jeopardize an ongoing investigation, however,
the law enforcement agency shall delay sending the copy to the state
agency until the investigation is complete or the law enforcement
agency determines that sending the report to the state agency would
no longer jeopardize the investigation. 
   (a) Sexual exploitation by a physician and surgeon,
psychotherapist, or drug or alcohol abuse counselor, as described in
Section 729 of the Business and Professions Code. 
   (b) Rape or other crimes described in Chapter 1 (commencing with
Section 261).  
   (c) 
    (b)  Elder or dependent adult abuse, failure to report
elder or dependent adult abuse, interfering with a report of elder or
dependent adult  abuse   abuse,  or other
crimes, as described in Chapter 13. 
   (d) A hate crime motivated by antidisability bias, as described in
Chapter 1 (commencing with Section 422.55) of Title 11.6. 

   (e) 
    (c)  Sexual abuse, as defined in Section 11165.1.

   (f) 
    (d)  Child abuse, failure to report child abuse, or
interfering with a report of child abuse. 
   368.8.  When a state agency receives a report pursuant to this
chapter, the agency shall prioritize and process the report pursuant
to applicable law in the same manner as similar reports received by
that agency in order to ensure due process of law and equal
protection of the laws. 
  SEC. 2.  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.