Thursday, August 30, 2012

Article: Lawmakers target child porn, domestic violence

Sacramento — Legislation is advancing to Gov. Jerry Brown’s desk that would require computer repair technicians to report downloaded child pornography, coaches to report suspected child sex abuse and domestic violence suspects to wear a GPS device.

Another bill closes a loophole in law that can result in divorce court judges ordering people who are victims of spousal abuse to pay financial support to their attacker.

San Diego County lawmakers are carrying the measures in response to horrific crimes locally and nationally.

The bills have been sailing through the Legislature in the final days of the session, which wraps up at midnight Friday.

The popularity of the legislation is reflected in the vote tallies. One of the bills drew just one lone dissent while the other three passed unanimously.

Brown has not taken a position on any of the bills.

A look at the bills:

• Computer pornography: Computer technicians would be required to report to police if they find evidence of child pornography on computers they repair.

“We live in a digital age and it’s time to update our laws to reflect the world we live in,” said Assemblywoman Toni Atkins, D-San Diego, who is carrying Assembly Bill 1817. ”Online images last forever and each time child pornography is viewed that child is re-victimized.”

A San Diego based coalition under the umbrella “Keeping Innocence Digitally Safe,” brought the bill to her attention.

“The technological advances of the Internet have dramatically increased the scale and nature of the child pornography problem,” the coalition said in a letter of support.

A computer technician would be guilty of a misdemeanor and face up to six months in jail and a $1,000 fine if found guilty of violating the law.

Domestic violence: This bill was introduced in response to the 2011 death of Kathleen Scharbarth, a 34-year-old Carlsbad mother who is believed to have been murdered by an ex-boyfriend who later hung himself in a Vista jail cell.

Assembly Bill 2467, named “Kathy’s Law,” would allow judges to order electronic monitoring of those suspected of domestic violence if they pose an immediate threat of violence toward the victim.

“It is time electronic monitoring devices are used to protect victims who are being stalked and fear for their lives,” the victim’s mother, Ginny Scharbarth, said in a statement after the bill passed the Senate.

“The odds are great that — unless we put more emphasis on protecting victims — there will be countless more people who will lose their lives to domestic violence,” she continued.

Her daughter was granted a restraining order against the suspect a week before she was killed.

The measure is being carried by Assemblyman Ben Hueso, D-San Diego. It would require the suspect to wear the device and the victim would have a beeper linked to it. Law enforcement would monitor for any violations. All costs would be born by the wearer of the GPS.

• Child sex abuse: Athletic coaches would be added to the lengthy list of those who are legally required to report child sex abuse, such as teachers, social workers and doctors.


Senate Bill 1264 stems from the Penn State sex abuse scandal. Assistant football coach Jerry Sandusky has been convicted of molesting young boys, and the late Joe Paterno, the Nittany Lions’ revered head coach who recently died, was accused of covering up the abuses.

“One of the sad stories that came out of Penn State was seeing a cover-up to protect the football team and to protect this coaching legend. Horrifically there were victims involved that no one really cared about or paid attention to. I just want to make sure that’s never the case in California,” said Sen. Juan Vargas, D-San Diego, who is carrying the bill.

Failure to comply could result in penalties of up to six months in jail and a $1,000 fine.

The measure is endorsed by San Diego County Sheriff Bill Gore.

• Spousal rape: Divorce courts would be prohibited from requiring victims of spouse abuse to have to pay their abuser support.

Assembly Bill 1522 is being carried in response to the plight of Crystal Harris, a Carlsbad stockbroker.

Harris is seeking to close a loophole in state law that led a court to rule in 2010 that she is liable for divorce court bills and financial support to her husband when he is released from jail. He had been convicted of sexually abusing her.

“This could still easily happen again,” Harris said in a recent interview. “The laws have to be made clear so a victim will not be re-traumatized by a court system you think is there to protect you.”

Assemblywoman Atkins is carrying the legislation.

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