The Sherrice Iverson Child Victim Protection Act

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Assembly Bill No.

1422

CHAPTER 477

An act to add Section 152.3 to the Penal Code, relating to reporting


of crimes.
[Approved by Governor September 16, 2000. Filed
with Secretary of State September 18, 2000.]

LEGISLATIVE COUNSEL’S DIGEST


AB 1422, Torlakson. Reporting of crimes.
Existing law makes it a felony or a misdemeanor for any person
who, having knowledge of the actual commission of a crime, takes
money or property of another, any gratuity or reward, or any
engagement or promise thereof, upon any agreement or
understanding to compound or conceal the crime, or to abstain from
any prosecution thereof, or to withhold any evidence thereof, except
as specified.
This bill would require, with specified exceptions, any person who
reasonably believes that he or she has observed the commission of
either a murder or rape where the victim is a child under the age of
14 years or a lewd or lascivious act with a child under the age of 14
years, as specified, to notify a peace officer by telephone or any other
means. The failure to notify as required would be a misdemeanor
punishable by a fine of $1,500, or by imprisonment in a county jail for
up to 6 months, or both. By creating a new 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.

The people of the State of California do enact as follows:

SECTION 1. This act shall be known as, and may be cited as, the
Sherrice Iverson Child Victim Protection Act.
SEC. 2. Section 152.3 is added to the Penal Code, to read:
152.3. (a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses where the
victim is a child under the age of 14 years shall notify a peace officer,
as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2:
(1) Murder.

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Ch. 477 —2—

(2) Rape.
(3) A violation of paragraph (1) of subdivision (b) of Section 288
of the Penal Code.
(b) This section shall not be construed to affect privileged
relationships as provided by law.
(c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to provide
notice is made by telephone or any other means.
(d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor and is punishable by a fine of not more than one
thousand five hundred dollars ($1,500), by imprisonment in a county
jail for not more than six months, or by both that fine and
imprisonment.
(e) The requirements of this section shall not apply to the
following:
(1) A person who is related to either the victim or the offender,
including a husband, wife, parent, child, brother, sister, grandparent,
grandchild, or other person related by consanguinity or affinity.
(2) A person who fails to report based on a reasonable mistake of
fact.
(3) A person who fails to report based on a reasonable fear for his
or her own safety or for the safety of his or her family.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B 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 XIII B of the California Constitution.

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