California Assembly Bill AB1272 Amended / Bill

 BILL NUMBER: AB 1272AMENDED BILL TEXT AMENDED IN ASSEMBLY JANUARY 4, 2016 AMENDED IN ASSEMBLY APRIL 16, 2015 AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Grove FEBRUARY 27, 2015 An act to amend  Sections 6250 and 6251 of the Family Code, relating to protective orders.   Section 1048.1 of, and to add Section 368.7 to, the Penal Code, relating to crimes.  LEGISLATIVE COUNSEL'S DIGEST AB 1272, as amended, Grove.  Protective orders: persons with developmental disabilities: sexual exploitation.   Crimes against persons with disabilities, children, and elder and dependent adults.   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 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 licencee. 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 licencee engages in specified sexual acts with a patient, client, or former patient or client.   This bill would require, if a law enforcement agency has probable cause to believe that a person who holds a state professional or occupational credential, license, permit, or other authorization that allows the person to provide services to children, dependent adults, elders, or persons with disabilities and has committed specified crimes, the law enforcement agency to promptly send a copy of its report to the state licensing agency. The bill would require the licensing agency to promptly investigate the report and, if it substantiates the report, to take any action that it finds warranted. By imposing these additional duties on law enforcement agencies, this bill would impose a state-mandated local program.   Existing law requires a superior court to make reasonable efforts to avoid setting a trial for murder, sexual assault, child abuse, or a case being handled in the Career Criminal Prosecution Program on the same day that another case is set for trial involving the same prosecuting attorney.   This bill would expand this requirement to include a trial involving an alleged offense against a person with a developmental disability.   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.   Existing law authorizes a judicial officer to issue an ex parte emergency protective order when a law enforcement officer asserts reasonable grounds to believe, or the judicial officer finds, that a person is in immediate and present danger of domestic violence, a child is in immediate and present danger of abuse by a family or household member or may be abducted by a parent or relative, or an elder or dependant adult is in immediate and present danger of abuse, as specified.   This bill would also authorize a judicial officer to issue an ex parte emergency protective order when a law enforcement officer asserts reasonable grounds to believe, or the judicial officer finds, that a person with a developmental disability is in immediate and present danger of sexual exploitation by a developmental disability residential service provider.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 368.7 is added to the   Penal Code   , to read:   368.7. (a) When a law enforcement agency finds probable cause to believe that a person who holds a state professional or occupational credential, license, permit, or other authorization that allows the person to provide services to children, dependent adults, elders, or persons with disabilities has committed a crime under any of the following provisions of law, the law enforcement agency shall promptly send a copy of its report, including the finding of probable cause, to the state agency that issued the credential, license, permit, or other authorization: (1) Sexual exploitation by a physician and surgeon, psychotherapist, or drug or alcohol abuse counselor, as defined in Section 729 of the Business and Professions Code. (2) Rape or other crime as defined in Chapter 1 (commencing with Section 261) of Title 9 of Part 1. (3) Elder or dependent adult abuse, failure to report elder or dependent adult abuse, interfering with a report of elder or dependent adult abuse, or other crimes as defined in this chapter. (4) A hate crime motivated by antidisability bias, as defined in Chapter 1 (commencing with Section 422.55) of Title 11.6 of Part 1. (5) Sexual abuse, as defined in Section 11165.1. (6) Child abuse, failure to report child abuse, or the interfering with the report of child abuse. (b) Notwithstanding any other law, a state agency receiving a report pursuant to this section shall promptly investigate the report and, if it substantiates the report, shall take any action that it finds warranted, which may include revoking the credential, license, permit, or other authorization. The state agency shall cooperate with the law enforcement agency and any prosecuting attorney to avoid jeopardizing any criminal investigation or prosecution.   SEC. 2.   Section 1048.1 of the   Penal Code   is amended to read:  1048.1.  (a)    In scheduling a trial date at an arraignment in superior court involving  murder,   any of the following offenses, reasonable efforts shall be made to avoid setting that trial, when that case is assigned to a particular prosecuting attorney, on the same day that another case is set for trial involving the same prosecuting attorney:   (1)     Murder,  as defined in subdivision (a) of Section  187, an   187.   (2)     An  alleged sexual assault offense, as described in subdivisions (a) and (b) of Section  11165.1, or an   11165.1.   (3)    An  alleged child abuse offense, as described in Section  11165.6, or a   11165.6.   (4)     A  case being handled in the Career Criminal Prosecution Program pursuant to  Sections 999b through 999h, reasonable efforts shall be made to avoid setting that trial, when that case is assigned to a particular prosecuting attorney, on the same day that another case is set for trial involving the same prosecuting attorney.   Chapter 2.2 (commencing with Section 999b).   (5) An alleged offense against a person with a developmental disability.   (b) For purposes of this section, "developmental disability" has the same meaning as found in Section 4512 of the Welfare and Institutions Code.   SEC. 3.   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.   SECTION 1.   Section 6250 of the Family Code is amended to read: 6250. A judicial officer may issue an ex parte emergency protective order if a law enforcement officer asserts reasonable grounds to believe any of the following: (a) That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought. (b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member. (c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction. (d) That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse. (e) That a person with a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code, is in immediate and present danger of sexual exploitation by a developmental disability residential service provider.   SEC. 2.   Section 6251 of the Family Code is amended to read: 6251. An emergency protective order may be issued only if the judicial officer finds both of the following: (a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction, that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, or that a person with a developmental disability is in immediate and present danger of sexual exploitation by a developmental disability residential service provider. (b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction, abuse of an elder or dependent adult, or sexual exploitation of a person with a developmental disability.