S.F. No. 0101

Child abuse-reporting penalties.

Sponsored By:        Senator(s) Nutting

AN ACT relating to children; imposing penalties for failing to report child abuse; increasing the penalty for falsely reporting child abuse; and providing for an effective date.

1/9/2013    Bill Number Assigned

1/10/2013   S Received for Introduction

1/10/2013   S Introduced and Referred to S01

1/21/2013   S01 Recommended Amend and Do Pass

ROLL CALL

Ayes:  Senator(s) Burns, Christensen, Esquibel, F., Hicks and Schiffer

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

1/21/2013   S Placed on General File

SF0101SS001.01/ADOPTED  (CORRECTED COPY)

[DIVIDED AMENDMENT]

Page 1-line 2           After "abuse;" insert "defining who must report child abuse;".

Page 1-line 7           Delete "and" insert ","; after "(d)" insert "and by creating a new subsection (e)".

Page 1-line 17          Strike "shall" insert "may".

Page 2-line 2           Delete "Any person who knowingly fails to".

Page 2-line 3           Delete "make a report required by this subsection" insert "Mandated reporters, as defined by subsection (e) of this section, shall be required to report or cause a report to be made.  Any mandated reporter who knowingly fails to report or cause a report to be made under this subsection".

Page 2-After line 14    Insert:

      "(e)  A person is a mandated reporter for the purposes of this section if the person gains the knowledge or reasonable cause defined in subsection (a) of this section while acting within the scope of their duties as an employee of the state, its political subdivision or a local government and the person is:

(i)  Acting as a peace officer or law enforcement officer;

(ii)  Acting in any capacity in a facility providing pre-elementary, elementary, secondary or post-secondary education;

(iii)  Acting to provide medical or health-related services, including mental health services;

(iv)  Acting to provide legal services;

(v)  Providing child protective or other social services;

(vi)  Providing child care services.".  SCHIFFER, CHAIRMAN

SF0101SS001.02/FAILED

[DIVIDED AMENDMENT]

Page 1-line 2           After "abuse;" insert "defining who must report child abuse;".

Page 1-line 7           Delete "and" insert ","; after "(d)" insert "and by creating a new subsection (e)".

Page 2-After line 14    Insert:

"(e)  A person is a mandated reporter for the purposes of this section if the person gains the knowledge or reasonable cause defined in subsection (a) of this section while acting within the scope of their duties as an employee of the state, its political subdivision or a local government and the person is:

(v)  Clergy.".  SCHIFFER, CHAIRMAN

1/23/2013   S Passed CoW

1/24/2013   S Passed 2nd Reading

1/25/2013   S Failed 3rd Reading

ROLL CALL

Ayes:  Senator(s) Anderson, JD S02, Anderson, JL S28, Barnard, Burns, Craft, Dockstader, Esquibel, F., Geis, Johnson, Nutting, Peterson, Schiffer, Scott and Von Flatern

Nays:  Senator(s) Bebout, Case, Christensen, Coe, Cooper, Driskill, Emerich, Hastert, Hicks, Hines, Landen, Meier, Nicholas, P., Perkins, Ross and Rothfuss

Ayes 14 Nays 16 Excused 0 Absent 0 Conflicts 0