Bill Text: CA AB2086 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Registered sex offenders: local ordinances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-04-17 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2086 Detail]

Download: California-2011-AB2086-Introduced.html

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BILL NUMBER: AB 2086	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 23, 2012

   An act to amend Section 11169 of the Penal Code, relating to child
abuse and neglect.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2086, as introduced, Ammiano. Child abuse and neglect: Child
Abuse Central Index.
   Existing law, subject to exceptions, requires a police department,
a sheriff's department, a county probation department under certain
circumstances, and a county welfare department to forward to the
Department of Justice a report in writing of every substantiated case
of known or suspected child abuse or severe neglect, for purposes of
inclusion by the department in the Child Abuse Central Index (CACI).
Existing law further requires, if a report has previously been filed
which subsequently proves to be not substantiated, the department to
be notified of that fact and prohibits the department from retaining
the report. Existing law provides for a hearing process by which a
person included on the CACI may have himself or herself removed.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11169 of the Penal Code is amended to read:
   11169.  (a) An agency specified in Section 11165.9 shall forward
to the Department of Justice a report  ,  in writing  ,
 of every case it investigates of known or suspected child abuse
or severe neglect that is determined to be substantiated, other than
cases coming within subdivision (b) of Section 11165.2. An agency
shall not forward a report to the Department of Justice unless it has
conducted an active investigation and determined that the report is
substantiated, as defined in Section 11165.12. If a report has
 previously  been filed  which 
 previously that  subsequently proves to be not
substantiated, the Department of Justice shall be notified in writing
of that fact and shall not retain the report. The reports required
by this section shall be in a form approved by the Department of
Justice and may be sent by fax or electronic transmission. An agency
specified in Section 11165.9 receiving a written report from another
agency specified in Section 11165.9 shall not send that report to the
Department of Justice.
   (b) On and after January 1, 2012, a police department or sheriff's
department specified in Section 11165.9 shall no longer forward to
the Department of Justice a report in writing of  any
  a  case it investigates of known or suspected
child abuse or severe neglect.
   (c) At the time an agency specified in Section 11165.9 forwards a
report  ,  in writing  ,  to the Department of
Justice pursuant to subdivision (a), the agency shall also notify
 ,  in writing  ,  the known or suspected child
abuser that he or she has been reported to the Child Abuse Central
Index (CACI). The notice required by this section shall be in a form
approved by the Department of Justice. The requirements of this
subdivision shall apply with respect to reports forwarded to the
department on or after the date on which this subdivision becomes
operative.
   (d) Subject to subdivision (e),  any   a
 person who is listed on the CACI has the right to a hearing
before the agency that requested his or her inclusion in the CACI to
challenge his or her listing on the CACI. The hearing shall satisfy
due process requirements. It is the intent of the Legislature that
the hearing provided for by this subdivision shall not be construed
to be inconsistent with hearing proceedings available to persons who
have been listed on the CACI prior to the enactment of the act that
added this subdivision.
   (e) A hearing requested pursuant to subdivision (d) shall be
denied when a court of competent jurisdiction has determined that
suspected child abuse or neglect has occurred, or when the allegation
of child abuse or neglect resulting in the referral to the CACI is
pending before the court. A person who is listed on the CACI and has
been denied a hearing pursuant to this subdivision has a right to a
hearing pursuant to subdivision (d) only if the court's jurisdiction
has terminated, the court has not made a finding concerning whether
the suspected child abuse or neglect was substantiated, and a hearing
has not previously been provided to the listed person pursuant to
subdivision (d).
   (f) Any   A    person listed in
the CACI who has reached 100 years of age shall have his or her
listing removed from the CACI.
   (g) If, after a hearing pursuant to subdivision (d) or a court
proceeding described in subdivision (e), it is determined the person'
s CACI listing was based on a report that was not substantiated, the
agency shall notify the Department of Justice of that result and the
department shall remove that person's name from the CACI.
   (h) Agencies, including police departments and sheriff's
departments, shall retain child abuse or neglect investigative
reports that result or resulted in a report filed with the Department
of Justice pursuant to subdivision (a) for the same period of time
that the information is required to be maintained on the CACI
pursuant to this section and subdivision (a) of Section 11170.
Nothing in this section precludes an agency from retaining the
reports for a longer period of time if required by law.
   (i) The immunity provisions of Section 11172 shall not apply to
the submission of a report by an agency pursuant to this section.
However, nothing in this section shall be construed to alter or
diminish any other immunity provisions of state or federal law.