CDR: Californians Must Report

[No User]

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."