CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3182Introduced by Assembly Member LackeyFebruary 16, 2024 An act to amend Section 6200 of the Government Code, and to amend Section 273a of the Penal Code, relating to child abuse. LEGISLATIVE COUNSEL'S DIGESTAB 3182, as introduced, Lackey. Child abuse: social worker liability.Existing law prohibits an officer from doing certain acts to a record, map, book, or paper or proceeding of a court, filed or deposited in a public office, such as stealing, removing, destroying, or falsifying, among others. Existing law punishes these prohibited acts by imprisonment for 2, 3, or 4 years.This bill would expand this prohibition to a social worker, their designee, and their supervisor.Existing law provides that any person who willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or, having the care or custody of any child, willfully causes or permits the person or health of that child to be injured or endangered, is guilty of a crime.This bill would clarify that any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child for the purposes of criminal liability.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6200 of the Government Code is amended to read:6200. (a) Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(a)(1) Steal, remove, or secrete.(b)(2) Destroy, mutilate, or deface.(c)(3) Alter or falsify.(b) For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.SEC. 2. Section 273a of the Penal Code is amended to read:273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health may be endangered, is guilty of a misdemeanor.(c) For the purposes of this section, any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child. (c)(d) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1) A mandatory minimum period of probation of 48 months.(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3) (A) Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her their probation officer.(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3182Introduced by Assembly Member LackeyFebruary 16, 2024 An act to amend Section 6200 of the Government Code, and to amend Section 273a of the Penal Code, relating to child abuse. LEGISLATIVE COUNSEL'S DIGESTAB 3182, as introduced, Lackey. Child abuse: social worker liability.Existing law prohibits an officer from doing certain acts to a record, map, book, or paper or proceeding of a court, filed or deposited in a public office, such as stealing, removing, destroying, or falsifying, among others. Existing law punishes these prohibited acts by imprisonment for 2, 3, or 4 years.This bill would expand this prohibition to a social worker, their designee, and their supervisor.Existing law provides that any person who willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or, having the care or custody of any child, willfully causes or permits the person or health of that child to be injured or endangered, is guilty of a crime.This bill would clarify that any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child for the purposes of criminal liability.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 3182
Introduced by Assembly Member LackeyFebruary 16, 2024
Introduced by Assembly Member Lackey
February 16, 2024
An act to amend Section 6200 of the Government Code, and to amend Section 273a of the Penal Code, relating to child abuse.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3182, as introduced, Lackey. Child abuse: social worker liability.
Existing law prohibits an officer from doing certain acts to a record, map, book, or paper or proceeding of a court, filed or deposited in a public office, such as stealing, removing, destroying, or falsifying, among others. Existing law punishes these prohibited acts by imprisonment for 2, 3, or 4 years.This bill would expand this prohibition to a social worker, their designee, and their supervisor.Existing law provides that any person who willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or, having the care or custody of any child, willfully causes or permits the person or health of that child to be injured or endangered, is guilty of a crime.This bill would clarify that any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child for the purposes of criminal liability.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.
Existing law prohibits an officer from doing certain acts to a record, map, book, or paper or proceeding of a court, filed or deposited in a public office, such as stealing, removing, destroying, or falsifying, among others. Existing law punishes these prohibited acts by imprisonment for 2, 3, or 4 years.
This bill would expand this prohibition to a social worker, their designee, and their supervisor.
Existing law provides that any person who willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or, having the care or custody of any child, willfully causes or permits the person or health of that child to be injured or endangered, is guilty of a crime.
This bill would clarify that any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child for the purposes of criminal liability.
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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 6200 of the Government Code is amended to read:6200. (a) Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(a)(1) Steal, remove, or secrete.(b)(2) Destroy, mutilate, or deface.(c)(3) Alter or falsify.(b) For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.SEC. 2. Section 273a of the Penal Code is amended to read:273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health may be endangered, is guilty of a misdemeanor.(c) For the purposes of this section, any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child. (c)(d) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1) A mandatory minimum period of probation of 48 months.(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3) (A) Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her their probation officer.(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 6200 of the Government Code is amended to read:6200. (a) Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(a)(1) Steal, remove, or secrete.(b)(2) Destroy, mutilate, or deface.(c)(3) Alter or falsify.(b) For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.
SECTION 1. Section 6200 of the Government Code is amended to read:
### SECTION 1.
6200. (a) Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(a)(1) Steal, remove, or secrete.(b)(2) Destroy, mutilate, or deface.(c)(3) Alter or falsify.(b) For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.
6200. (a) Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(a)(1) Steal, remove, or secrete.(b)(2) Destroy, mutilate, or deface.(c)(3) Alter or falsify.(b) For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.
6200. (a) Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:(a)(1) Steal, remove, or secrete.(b)(2) Destroy, mutilate, or deface.(c)(3) Alter or falsify.(b) For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.
6200. (a) Every officer having the custody of any record, map, or book, or of any paper or proceeding of any court, filed or deposited in any public office, or placed in his or her their hands for any purpose, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years if, as to the whole or any part of the record, map, book, paper, or proceeding, the officer willfully does or permits any other person to do any of the following:
(a)
(1) Steal, remove, or secrete.
(b)
(2) Destroy, mutilate, or deface.
(c)
(3) Alter or falsify.
(b) For the purposes of this section, a social worker, their designee, and their supervisor are considered officers.
SEC. 2. Section 273a of the Penal Code is amended to read:273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health may be endangered, is guilty of a misdemeanor.(c) For the purposes of this section, any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child. (c)(d) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1) A mandatory minimum period of probation of 48 months.(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3) (A) Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her their probation officer.(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.
SEC. 2. Section 273a of the Penal Code is amended to read:
### SEC. 2.
273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health may be endangered, is guilty of a misdemeanor.(c) For the purposes of this section, any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child. (c)(d) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1) A mandatory minimum period of probation of 48 months.(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3) (A) Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her their probation officer.(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.
273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health may be endangered, is guilty of a misdemeanor.(c) For the purposes of this section, any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child. (c)(d) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1) A mandatory minimum period of probation of 48 months.(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3) (A) Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her their probation officer.(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.
273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health may be endangered, is guilty of a misdemeanor.(c) For the purposes of this section, any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child. (c)(d) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:(1) A mandatory minimum period of probation of 48 months.(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.(3) (A) Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her their probation officer.(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.
273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.
(b) Any person who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her their person or health may be endangered, is guilty of a misdemeanor.
(c) For the purposes of this section, any adult, including any social worker, who has been entrusted with the care of a child, even for a short period of time, is considered to have the care and custody of that child.
(c)
(d) If a person is convicted of violating this section and probation is granted, the court shall require the following minimum conditions of probation:
(1) A mandatory minimum period of probation of 48 months.
(2) A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.
(3) (A) Successful completion of no less than one year of a child abusers treatment counseling program approved by the probation department. The defendant shall be ordered to begin participation in the program immediately upon the grant of probation. The counseling program shall meet the criteria specified in Section 273.1. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.
(B) The terms of probation for offenders shall not be lifted until all reasonable fees due to the counseling program have been paid in full, but in no case shall probation be extended beyond the term provided in subdivision (a) of Section 1203.1. If the court finds that the defendant does not have the ability to pay the fees based on the defendants changed circumstances, the court may reduce or waive the fees.
(4) If the offense was committed while the defendant was under the influence of drugs or alcohol, the defendant shall abstain from the use of drugs or alcohol during the period of probation and shall be subject to random drug testing by his or her their probation officer.
(5) The court may waive any of the above minimum conditions of probation upon a finding that the condition would not be in the best interests of justice. The court shall state on the record its reasons for any waiver.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution.
### SEC. 3.