Child abuse reporting.

Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. Existing law requires any commercial film and photographic print processor who has knowledge of or observed in his or her professional capacity or employment any film, photograph, videotape, negative, or slide depicting a child under 16 years of age engaging in an act of sexual conduct to report the instance of suspected child abuse to a law enforcement agency, as specified. This bill would make these provisions apply to a commercial computer technician, as provided. The bill would provide that an employer who provides an electronic communications service or a remote computing service to the public would comply with this article by complying with a specified provision of existing federal law. The bill would provide that any commercial computer technician who provides a computer or computer component to an investigating law enforcement agency pursuant to a warrant shall have immunity from civil or criminal liability for providing that computer or computer component, as specified. The bill would also make technical, nonsubstantive changes and would update a cross-reference. This bill would make conforming changes. This bill would incorporate additional changes in Section 11165.7 of the Penal Code, proposed by AB 1434, AB 1435, AB 1713, and SB 1264, to be operative only if AB 1434, AB 1435, AB 1713, or SB 1264 and this bill are chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. The bill would incorporate additional changes in Section 11166 of the Penal Code, proposed by AB 1713, to be operative only if AB 1713 and this bill are both chaptered and become effective on or before January 1, 2013, and this bill is chaptered last. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. 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.