AB 1434
SENATE RULES COMMITTEE
Office of Senate Floor Analyses
1020 N Street, Suite 524
(916) 651-1520
Fax: (916) 327-4478
THIRD READING
Bill No:
Author:
Amended:
Vote:
AB 1434
Feuer (D)
8/22/12 in Senate
21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/19/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg
ASSEMBLY FLOOR: 73-0, 4/12/12 - See last page for vote
SUBJECT:
Mandatory child abuse and neglect reporting: employees of
higher education institutions
SOURCE:
Children’s Advocacy Institute
DIGEST: This bill adds employees and administrators “of a public or
private postsecondary institution, as to child abuse or neglect occurring on
that institution’s premises or at an official activity of, or program conducted
by, the institution” as mandated child abuse and neglect reporters, as
specified.
Senate Floor Amendments of 8/22/12 add technical chaptering amendments.
ANALYSIS: Existing law establishes the Child Abuse and Neglect
Reporting Act (CANRA), which generally is intended to protect children
from abuse and neglect. (Penal Code (PEN) Section 11164)
CONTINUED
AB 1434
Page 2
Existing law requires “mandated reporters” to make reports of suspected
child abuse or neglect, as specified. (PEN Section 11165.9)
Under existing law the term “child abuse or neglect” for purposes of
CANRA “includes physical injury inflicted by other than accidental means
upon a child by another person, sexual abuse as defined . . . , neglect as
defined . . . , the willful harming or injuring of a child or the endangering of
the person or health of a child, as defined . . . , and unlawful corporal
punishment or injury as defined . . . . ‘Child abuse or neglect’ does not
include a mutual affray between minors. ‘Child abuse or neglect’ does not
include an injury caused by reasonable and necessary force used by a peace
officer acting within the course and scope of his or her employment as a
peace officer.” (PEN Section 11165.6)
Existing law provides that, except as specified, “a mandated reporter shall
make a 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.” (PEN Section 11166(a))
Existing law enumerates 40 categories of persons who are mandated child as
specified, existing law provides that “volunteers of public or private
organizations whose duties require direct contact with and supervision of
children are not mandated reporters . . . .” (PEN Section 11165.7(b))
An employee or administrator of a public or private postsecondary
institution, whose duties bring the administrator or employee into contact
with children on a regular basis, or who supervises those whose duties bring
the administrator or employee into contact with children on a regular basis,
as to child abuse or neglect occurring on that institution’s premises or at an
official activity of, or program conducted by, the institution. Nothing in this
paragraph shall be construed as altering the lawyer-client privilege as set
forth in Article 3 (commencing with Section 950) of Chapter 4 of Division 8
of the Evidence Code.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
CONTINUED
AB 1434
Page 3

First-year cost pressure to public postsecondary institutions potentially
in excess of $200,000 (General Fund (GF)) to develop training modules,
policies and forms.

Annual cost pressure to public postsecondary institutions for ongoing
training and administrative costs associated with noticing, tracking, and
compliance.

Potential costs, likely less than $150,000 (GF) for increased state prison
commitments to the extent increasing the number of mandated reporters
results in additional felony convictions.

Potential ongoing costs (Local Revenue Fund 2011/GF) to county child
welfare services departments for fielding and investigation of increased
mandated reports.

Ongoing costs to the Judicial Branch, likely in the range of $25,000 to
$50,000 (GF) for additional misdemeanor and felony court filings.

Minor, absorbable costs to the Department of Justice to process
additional CANRA reports.

Non-reimbursable local law enforcement costs due to additional
reporting and investigation, as well as increased enforcement for failure
to report, offset to a degree by fine revenue.
SUPPORT: (Verified 8/22/12)
Children’s Advocacy Institute (source)
California Narcotic Officers’ Association
California Police Chiefs Association
California Probation, Parole and Correctional Association
California Protective Parents Association
California State Sheriffs’ Association
Child Abuse Prevention Center
Crime Victims Action Alliance
Crime Victims United of California
Peace Officers of California
University of California
CONTINUED
AB 1434
Page 4
OPPOSITION: (Verified 8/22/12)
American Association for Marriage and Family Therapy, California Division
ARGUMENTS IN SUPPORT: The author states in part:
This bill closes the gap in current law where college employees who are
not otherwise mandated reporters are not required to report to law
enforcement suspicions of child abuse on college campuses or college
campus sponsored events.
California Community Colleges: AB 1434 would expand mandated
reporter requirements to all California Community College employees.
CCCs have many minor students who would be protected by the
provisions of this bill.
. . . Further, this bill helps protect children who participate in programs
that use community college facilities.
The CCC’s Chancellor’s office has put forth the legal opinion that some
California community college employees are implicitly subject to
mandated reporter requirements. That opinion states that employees of
community colleges who would regularly and continuously come into
contact with children in a way that would make apparent evidence child
abuse or neglect (Legal Opinion L 02-03, attached). . . .
Four-year Public and Private Postsecondary Institutions: AB 1434 would
expand mandated reporter requirements to all 4-year public and private
postsecondary institution employees. This bill would help protect
students under 18, as well as children participating in activities on 4-year
college campuses. Some employees of the California State University,
University of California, and private postsecondary institutions are
already subject to mandated reporter requirements for other reasons (for
instance, child care providers at a day care for students’ children, or
health care providers at a college health clinic).
ASSEMBLY FLOOR: 73-0, 4/12/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill,
Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler,
Campos, Carter, Chesbro, Conway, Davis, Dickinson, Donnelly, Eng,
CONTINUED
AB 1434
Page 5
Feuer, Fong, Fuentes, Beth Gaines, Galgiani, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández,
Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning,
Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Charles Calderon, Cedillo, Cook, Fletcher,
Furutani, Garrick, Wieckowski
RJG:k 8/23/12 Senate Floor Analyses
SUPPORT/OPPOSITION:
SEE ABOVE
**** END ****