California 2017-2018 Regular Session

California Assembly Bill AB2302 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Assembly Bill No. ~~2302 CHAPTER 943~~ An act to amend Section 801.6 of the Penal Code, relating to mandated reporters. ~~[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2302, Baker. Child abuse: sexual assault: mandated reporters: statute of limitations.Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including teachers and social workers, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law generally requires prosecution of a misdemeanor to commence within one year after commission of the offense. Under existing law, if the mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, it is a continuing offense until discovered by the appropriate law enforcement agency. This bill would allow a case involving the failure to report an incident known or reasonably suspected by the mandated reporter to be sexual assault, as defined, to be filed at any time within 5 years from the date of occurrence of the offense.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 801.6 of the Penal Code is amended to read:801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.
	1	+	Enrolled August 29, 2018 Passed IN Senate August 21, 2018 Passed IN Assembly August 27, 2018 Amended IN Senate August 13, 2018 Amended IN Senate July 05, 2018 Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2302Introduced by Assembly Member Baker(Coauthors: Assembly Members Acosta, Cooper, Mathis, and Rodriguez)(Coauthor: Senator Nguyen)February 13, 2018 An act to amend Section 801.6 of the Penal Code, relating to mandated reporters.LEGISLATIVE COUNSEL'S DIGESTAB 2302, Baker. Child abuse: sexual assault: mandated reporters: statute of limitations.Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including teachers and social workers, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law generally requires prosecution of a misdemeanor to commence within one year after commission of the offense. Under existing law, if the mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, it is a continuing offense until discovered by the appropriate law enforcement agency. This bill would allow a case involving the failure to report an incident known or reasonably suspected by the mandated reporter to be sexual assault, as defined, to be filed at any time within 5 years from the date of occurrence of the offense.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 801.6 of the Penal Code is amended to read:801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.
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3		-	Assembly Bill No. 2302 CHAPTER 943 An act to amend Section 801.6 of the Penal Code, relating to mandated reporters. [ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2302, Baker. Child abuse: sexual assault: mandated reporters: statute of limitations.Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including teachers and social workers, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law generally requires prosecution of a misdemeanor to commence within one year after commission of the offense. Under existing law, if the mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, it is a continuing offense until discovered by the appropriate law enforcement agency. This bill would allow a case involving the failure to report an incident known or reasonably suspected by the mandated reporter to be sexual assault, as defined, to be filed at any time within 5 years from the date of occurrence of the offense.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled August 29, 2018 Passed IN Senate August 21, 2018 Passed IN Assembly August 27, 2018 Amended IN Senate August 13, 2018 Amended IN Senate July 05, 2018 Amended IN Assembly March 15, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2302Introduced by Assembly Member Baker(Coauthors: Assembly Members Acosta, Cooper, Mathis, and Rodriguez)(Coauthor: Senator Nguyen)February 13, 2018 An act to amend Section 801.6 of the Penal Code, relating to mandated reporters.LEGISLATIVE COUNSEL'S DIGESTAB 2302, Baker. Child abuse: sexual assault: mandated reporters: statute of limitations.Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including teachers and social workers, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law generally requires prosecution of a misdemeanor to commence within one year after commission of the offense. Under existing law, if the mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, it is a continuing offense until discovered by the appropriate law enforcement agency. This bill would allow a case involving the failure to report an incident known or reasonably suspected by the mandated reporter to be sexual assault, as defined, to be filed at any time within 5 years from the date of occurrence of the offense.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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	5	+	Enrolled August 29, 2018 Passed IN Senate August 21, 2018 Passed IN Assembly August 27, 2018 Amended IN Senate August 13, 2018 Amended IN Senate July 05, 2018 Amended IN Assembly March 15, 2018
	6	+
	7	+	Enrolled August 29, 2018
	8	+	Passed IN Senate August 21, 2018
	9	+	Passed IN Assembly August 27, 2018
	10	+	Amended IN Senate August 13, 2018
	11	+	Amended IN Senate July 05, 2018
	12	+	Amended IN Assembly March 15, 2018
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	14	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	16		Assembly Bill No. 2302
6		-	CHAPTER 943
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	18	+	Introduced by Assembly Member Baker(Coauthors: Assembly Members Acosta, Cooper, Mathis, and Rodriguez)(Coauthor: Senator Nguyen)February 13, 2018
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	20	+	Introduced by Assembly Member Baker(Coauthors: Assembly Members Acosta, Cooper, Mathis, and Rodriguez)(Coauthor: Senator Nguyen)
	21	+	February 13, 2018
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8	23		An act to amend Section 801.6 of the Penal Code, relating to mandated reporters.
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10		-	[ Approved by Governor September 30, 2018. Filed with Secretary of State September 30, 2018. ]
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12	25		LEGISLATIVE COUNSEL'S DIGEST
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14	27		## LEGISLATIVE COUNSEL'S DIGEST
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16	29		AB 2302, Baker. Child abuse: sexual assault: mandated reporters: statute of limitations.
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18	31		Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including teachers and social workers, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law generally requires prosecution of a misdemeanor to commence within one year after commission of the offense. Under existing law, if the mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, it is a continuing offense until discovered by the appropriate law enforcement agency. This bill would allow a case involving the failure to report an incident known or reasonably suspected by the mandated reporter to be sexual assault, as defined, to be filed at any time within 5 years from the date of occurrence of the offense.
19	32
20	33		Existing law, the Child Abuse and Neglect Reporting Act, makes certain persons, including teachers and social workers, mandated reporters. Under existing law, mandated reporters are required to report whenever the mandated reporter, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor. Existing law generally requires prosecution of a misdemeanor to commence within one year after commission of the offense. Under existing law, if the mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse or severe neglect, it is a continuing offense until discovered by the appropriate law enforcement agency.
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22	35		This bill would allow a case involving the failure to report an incident known or reasonably suspected by the mandated reporter to be sexual assault, as defined, to be filed at any time within 5 years from the date of occurrence of the offense.
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24	37		## Digest Key
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26	39		## Bill Text
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28	41		The people of the State of California do enact as follows:SECTION 1. Section 801.6 of the Penal Code is amended to read:801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.
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30	43		The people of the State of California do enact as follows:
31	44
32	45		## The people of the State of California do enact as follows:
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34	47		SECTION 1. Section 801.6 of the Penal Code is amended to read:801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.
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36	49		SECTION 1. Section 801.6 of the Penal Code is amended to read:
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38	51		### SECTION 1.
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40	53		801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.
41	54
42	55		801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.
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44	57		801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.
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48	61		801.6. Notwithstanding any other limitation of time described in this chapter, prosecution for any offense proscribed by Section 368, except for a violation of any provision of law proscribing theft or embezzlement, or for the failure of a mandated reporter to report an incident under Section 11166 known or reasonably suspected by the mandated reporter to be sexual assault as defined in Section 11165.1, may be filed at any time within five years from the date of occurrence of such offense.