Bill Text: CA SB840 | 2009-2010 | Regular Session | Amended

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Bill Title: Reporting crimes.

Spectrum: Slight Partisan Bill (Democrat 8-5)

Status: (Engrossed - Dead) 2010-08-13 - Set, second hearing. Held in committee and under submission. [SB840 Detail]

Download: California-2009-SB840-Amended.html

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BILL NUMBER: SB 840	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN SENATE  APRIL 13, 2010
	AMENDED IN SENATE  MARCH 8, 2010

INTRODUCED BY   Senator Yee
   (Principal coauthors: Senators Alquist and Harman)
   (Principal coauthor: Assembly Member Torlakson)
   (Coauthors: Senators Ashburn and DeSaulnier)
   (Coauthors: Assembly Members Blumenfield, Conway, Gilmore, Lieu,
Portantino, Audra Strickland, and Swanson)

                        JANUARY 11, 2010

   An act to amend Section 152.3 of the Penal Code, relating to
reporting crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 840, as amended, Yee. Reporting crimes.
   Existing law, subject to exceptions, provides that any person who
reasonably believes that he or she has observed the commission of a
murder, rape, or lewd and lascivious act committed by use of force,
violence, duress, menace, or fear of immediate and unlawful bodily
injury on the victim or another person, where the victim of any of
these crimes is under 14 years of age, shall notify a peace officer.
Violation of these provisions is a misdemeanor punishable by a fine
not exceeding $1,500 or incarceration not exceeding 6 months in a
county jail, or both the fine and incarceration.
   This bill would expand those provisions to apply when the victim
of the offense observed is under 18 years of age, and would specify
that this obligation to report crimes to a peace officer applies to
sodomy, oral copulation, and sexual penetration, as specified, where
those crimes are accomplished by use of force, violence, duress,
menace, or fear of immediate and unlawful bodily injury on the victim
or another person  .   , and rape in concert.
 The bill would provide additional exceptions to the reporting
requirement for domestic partners, for children under 12 years of
age, and for victims of the offenses that are subject to reporting.
The bill would  also  provide that a violation of
these reporting obligations may  also  be punished as an
infraction  .   with   by 
 a fine of $250. 
   By expanding the scope of an existing crime, 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 no reimbursement is required by this
act for a specified reason.
   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.  Section 152.3 of the Penal Code is amended to read:
   152.3.  (a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses where the
victim is a child under the age of 18 years shall notify a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2:
   (1) Murder.
   (2) Rape.
   (3) A violation of Section 286, 288, 288a, or 289, accomplished by
use of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the victim or another person  , 
 or a violation of Section 264.1  .
   (b) This section shall not be construed to affect privileged
relationships as provided by law.
   (c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to
provide notice is made by telephone or any other means.
   (d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor punishable by a fine of not more than one thousand five
hundred dollars ($1,500), by imprisonment in a county jail for not
more than six months, or by both that fine and imprisonment, or is an
infraction  punishable by a fine of two hundred fifty dollars
($250)  .
   (e) The requirements of this section shall not apply to the
following:
   (1) A victim of the offense subject to reporting pursuant to
subdivision (a).
   (2) A person who is related to either the victim or the offender,
including a husband, wife, domestic partner, parent, child, brother,
sister, grandparent, grandchild, or other person related by
consanguinity or affinity.
   (3) A person who fails to report based on a reasonable mistake of
fact.
   (4) A person who fails to report based on a reasonable fear for
his or her own safety or for the safety of his or her family.
   (5) A child under 12 years of age.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.