California 2011-2012 Regular Session Status: Passed Assembly

AB 1438 — Child abuse reporting.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law generally requires a person who reasonably believes that he or she has observed the commission of a lewd or lascivious act on a child who is under 14 years of age by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to notify a peace officer. A failure to report pursuant to those provisions is a misdemeanor punishable by a fine of not more than $1,500, by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. This bill would require a person to notify a peace officer when the person believes that he or she has observed the commission of a lewd and lascivious act on a child under 14 years of age, regardless of whether force, violence, duress, menace, or fear of immediate and lawful bodily injury is used. By expanding the scope of a crime, the 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. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. Referred to Com. on PUB. S.

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

  4. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4337.)

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 15. Noes 0.) (March 28).

  7. Re-referred to Com. on APPR.

  8. Read second time and amended.

  9. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (March 6).

  10. Re-referred to Com. on PUB. S.

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

  12. Referred to Com. on PUB. S.

  13. From printer. May be heard in committee February 4.

  14. Read first time. To print.

Sponsors

  • Bradford · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Bradford

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 1438 BRADFORD Assembly Third Reading

Passed 74 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 72005
Democratic 0001
Total 74006
% of votes cast 93%0%0%8%
How each member voted (80)
Member Party Vote
Carter — Yea
Alejo — Yea
Yamada — Yea
Fong — Yea
Butler — Yea
Allen — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Garrick — Not Voting
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Cedillo — Not Voting
Halderman — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Fletcher — Not Voting
Hill — Yea
Hueso — Yea
Beall — Yea
Block — Yea
Chesbro — Yea
Conway — Yea
Cook — Not Voting
Donnelly — Yea
Huffman — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wagner — Yea
Wieckowski — Not Voting
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Valadao — Yea
Williams — Yea
Eng — Yea
Davis — 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 Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 15 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 14002
Democratic 1000
Total 15002
% of votes cast 88%0%0%12%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Campos — Yea
Hall — Not Voting
Harkey — Yea
Mitchell — Yea
Lara — Yea
Davis — Yea
Donnelly — Yea
Nielsen — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Hill — Yea
Norby — Not Voting
Wagner — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1438 do?
Existing law generally requires a person who reasonably believes that he or she has observed the commission of a lewd or lascivious act on a child who is under 14 years of age by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to notify a peace officer. A failure to report pursuant to those provisions is a misdemeanor punishable by a fine of not more than $1,500, by imprisonment in a county jail for not more than six months, or by both that fine and imprisonment. This bill would require a person to notify a peace officer when the person believes that he or she has observed the commission of a lewd and lascivious act on a child under 14 years of age, regardless of whether force, violence, duress, menace, or fear of immediate and lawful bodily injury is used. By expanding the scope of a crime, the 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 1438?
AB 1438 is sponsored by Bradford.
What is the current status of AB 1438?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1438?
Track AB 1438 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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