California 2011-2012 Regular Session Status: Enacted

AB 1817 — Child abuse reporting.

Last action — Chaptered by Secretary of State - Chapter 521, Statutes of 2012.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2012. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. Existing law requires any commercial film and photographic print processor who has knowledge of or observed in his or her professional capacity or employment any film, photograph, videotape, negative, or slide depicting a child under 16 years of age engaging in an act of sexual conduct to report the instance of suspected child abuse to a law enforcement agency, as specified. This bill would make these provisions apply to a commercial computer technician, as provided. The bill would provide that an employer who provides an electronic communications service or a remote computing service to the public would comply with this article by complying with a specified provision of existing federal law. The bill would provide that any commercial computer technician who provides a computer or computer component to an investigating law enforcement agency pursuant to a warrant shall have immunity from civil or criminal liability for providing that computer or computer component, as specified. The bill would also make technical, nonsubstantive changes and would update a cross-reference. This bill would make conforming changes. This bill would incorporate additional changes in Section 11165.7 of the Penal Code, proposed by AB 1434, AB 1435, AB 1713, and SB 1264, to be operative only if AB 1434, AB 1435, AB 1713, or SB 1264 and this bill are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. The bill would incorporate additional changes in Section 11166 of the Penal Code, proposed by AB 1713, to be operative only if AB 1713 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 521, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 6645.).

  5. Assembly Rule 77 suspended. (Page 6605.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 31 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4928.).

  8. Read second time. Ordered to third reading.

  9. Read third time and amended. Ordered to second reading.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 7. Noes 0.) (August 16).

  12. In committee: Referred to APPR. suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 19).

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  16. Referred to Com. on PUB. S.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 5030.)

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 17. Noes 0.) (May 9).

  21. Re-referred to Com. on APPR.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

  23. In committee: Hearing postponed by committee.

  24. Re-referred to Com. on APPR.

  25. Read second time and amended.

  26. From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 5. Noes 0.) (April 10).

  27. In committee: Set, first hearing. Hearing canceled at the request of author.

  28. Referred to Com. on PUB. S.

  29. From printer. May be heard in committee March 23.

  30. Read first time. To print.

Sponsors

  • Beall · Cosponsor
  • Campos · Cosponsor
  • Atkins · Primary
  • Galgiani · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Atkins

Co-sponsors (3)

  • Beall
  • Campos
  • Galgiani

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1817 ATKINS Concurrence in Senate Amendments

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 77000
Democratic 1000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Carter — Yea
Yamada — Yea
John A. Pérez — Yea
Mitchell — Yea
Feuer — Yea
Fuentes — Yea
Atkins — Yea
Galgiani — Yea
Campos — Yea
Garrick — Yea
Gordon — Yea
Gorell — Yea
Cedillo — Yea
Portantino — Yea
Hagman — Yea
Halderman — Yea
Chesbro — Yea
Allen — Yea
Hall — Yea
Hayashi — Yea
Bonilla — Yea
Huber — Yea
Fong — Yea
Fletcher — Yea
Conway — Yea
Ammiano — Yea
Beall — Yea
Cook — Yea
Davis — Yea
Donnelly — Yea
Huffman — Yea
Jeffries — Yea
Lara — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Yea
Block — Yea
Monning — Yea
Achadjian — Yea
Alejo — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Hueso — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Butler — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1817 Atkins By Hancock

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 33004
Republican 1000
Democratic 2000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Not Voting
Evans — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Harman — Yea
Hernandez — Yea
Rubio — Yea
Huff — Yea
Runner — Not Voting
Blakeslee — Yea
Dutton — Yea
Lieu — Not Voting
Liu — Yea
Pavley — Not Voting
Simitian — Yea
Vargas — Yea
Wolk — Yea
Alquist — Yea
Anderson — Yea
Kehoe — Yea
Leno — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Cannella — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kehoe — Yea
Alquist — Yea
Dutton — Yea
Lieu — Yea
Steinberg — Yea
Price — Yea
Walters — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kehoe — Yea
Lieu — Yea
Alquist — Yea
Dutton — Yea
Price — Yea
Steinberg — Yea
Walters — Yea

Official roll call →

AB 1817 ATKINS Assembly Third Reading

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 72005
Republican 2000
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Hagman — Yea
Halderman — Yea
Feuer — Yea
Fuentes — Yea
Gatto — Yea
Gorell — Yea
Butler — Yea
Fong — Yea
Allen — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Ammiano — Yea
Blumenfield — Yea
Cook — Yea
Davis — Yea
Logue — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Williams — Yea
Yamada — Yea
Galgiani — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Fletcher — Not Voting
Hall — Not Voting
Hayashi — Yea
Lara — Yea
Campos — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Beall — Yea
Block — Yea
Cedillo — Not Voting
Chesbro — Yea
Donnelly — Yea
Norby — Not Voting
Torres — Yea
Achadjian — Yea
Alejo — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hueso — Yea
Jeffries — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Nielsen — Yea
Pan — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Not Voting
Conway — Yea
Eng — Yea
Dickinson — Yea
Furutani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Mitchell — Yea
Donnelly — Yea
Nielsen — Yea
Solorio — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Norby — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1817 do?
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 observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. Existing law requires any commercial film and photographic print processor who has knowledge of or observed in his or her professional capacity or employment any film, photograph, videotape, negative, or slide depicting a child under 16 years of age engaging in an act of sexual conduct to report the instance of suspected child abuse to a law enforcement agency, as specified. This bill would make these provisions apply to a commercial computer technician, as provided. The bill would provide that an employer who provides an electronic communications service or a remote computing service to the public would comply with this article by complying with a specified provision of existing federal law. The bill would provide that any commercial computer technician who provides a computer or computer component to an investigating law enforcement agency pursuant to a warrant shall have immunity from civil or criminal liability for providing that computer or computer component, as specified. The bill would also make technical, nonsubstantive changes and would update a cross-reference. This bill would make conforming changes. This bill would incorporate additional changes in Section 11165.7 of the Penal Code, proposed by AB 1434, AB 1435, AB 1713, and SB 1264, to be operative only if AB 1434, AB 1435, AB 1713, or SB 1264 and this bill are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. The bill would incorporate additional changes in Section 11166 of the Penal Code, proposed by AB 1713, to be operative only if AB 1713 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a 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.
Who sponsors AB 1817?
AB 1817 is sponsored by Beall, Campos, Atkins, and Galgiani.
What is the current status of AB 1817?
This bill has been enacted into law. Introduced February 21, 2012. Enacted.
Where can I track AB 1817?
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