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AB-2302 Child abuse: sexual assault: mandated reporters: statute of limitations.(2017-2018)

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Date Published: 08/13/2018 02:00 PM
AB2302:v96#DOCUMENT

Amended  IN  Senate  August 13, 2018
Amended  IN  Senate  July 05, 2018
Amended  IN  Assembly  March 15, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2302


Introduced 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 DIGEST


AB 2302, as amended, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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.