Californians Must Report Attacks on Children New Law Inspired by Killing in Casino Restroom Sept. 19, 2000 By Randy Dotinga SACRAMENTO, Calif. (APBnews.com) -- Being a good Samaritan isnt voluntary anymore in the Golden State. A new law requires Californians to seek help if they see a young child being sexually attacked. If they dont, they risk spending time in jail themselves. The law, signed by Gov. Gray Davis during the weekend, was inspired by the 1997 killing of 7-year-old Sherrice Iverson in the restroom of a Nevada casino. David Cash, the best friend of killer Jeremy Strohmeyer, allegedly watched the assault but did not bother to contact police or help the victim. Cashs inaction and cavalier attitude about it sparked an outcry at the University of California at Berkeley, where he attended school. He was dubbed the "bad Samaritan." Do the right thing Assemblyman Tom Torlakson, a Democrat who represents a Bay Area district, heard about the Iversons death and wanted to find a way to prevent future incidents, said spokesman Robert Oakes. "He was struck personally not only by the tragedy but that the person who knew about it didnt say anything," Oakes said. "Thats just wrong." The law is an attempt to "encourage people to do the right thing," he said. Jail, fine possible Under the law, citizens must notify police if they witness a violent or sexual assault on a child under 14. Anyone who fails to do so faces a misdemeanor charge punishable by a maximum of six months in a county jail and a $1,500 fine. Witnesses do not have to report a crime if they feel they are themselves in danger. California already has a law that requires teachers, health-care providers, members of the clergy and others to report suspected child abuse. Opposition from defense attorneys According to Torlaksons office, the law was modeled after a similar statute in the state of Washington, which was enacted after a group of friends ignored the plight of a 21-year-old man who drowned in a drainage ditch after he was beaten. The new California law did encounter some opposition. Defense attorneys opposed it. So did an association of prosecutors who worried it might prevent some witnesses from testifying for fear that they may be prosecuted, Oakes said. The American Civil Liberties Union was worried about the bills scope at first but is happy with the final version, said ACLU state legislative director Francisco Lobaco. When they draft such bills, legislators need to make sure they do not target "people who happen to be in the wrong place at the wrong time," Lobaco said. "There should always be a sensitivity to making things criminal when there is no wrongful intent."
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