Penn State Tragedy Spawns California Bill Ideas

November 28, 2011

Penn State Tragedy Spawns California Bill Ideas

by Rebecca Burgoyne,
CFC Research Analyst

The scandal surrounding Penn State and its football program has dominated news headlines. It is alleged that former defensive coach Jerry Sanducky sexually abused several young boys, and that Penn State officials had known of these allegations, yet did not inform law enforcement officials. The scandal has toppled football legend Joe Paterno, other coaching staff, and the university president, but the shocking headlines spur Americans to want to do more.

Through the years, many California legislative bills have come from tragic headlines such as abuse of the innocent and helpless, prompting efforts to protect others from suffering the same fate as victims before them. Megan’s Law, passed by the California Legislature in 2004, provided the public with Internet access to detailed information about registered sex offenders, allowing parents easy access to determine threats who might live in their neighborhoods. Another bill that strengthened penalties and restrictions for violent and habitual sex offenders and child molesters failed to navigate the California Legislature, but returned as Jessica’s Law (Proposition 83) and was overwhelmingly affirmed as an initiative of the people in 2006. In 2010, the tragic deaths of two southern California teens – Chelsea King and Amber DuBois – spawned laws further protecting young girls from violent sexual offenders.

Last year, AB 1432 (Mitchell, D-Culver City), Caylee's Law, was sparked by the case of two-year-old Caylee Anthony, whose mother failed to report her disappearance for weeks. A two-year bill, which will be heard in 2012, AB 1432 would criminalize the failure to report the disappearance or death of a child under 14 within 24 hours. Another two-year bill, SB 391 (Gaines, R-Roseville), was inspired by the Jaycee Lee Dugard case. The “Parole Reform Act of 2011” addresses a legal loophole stemming from a 2008 California Supreme Court decision that created a presumption that – despite heinous crimes – “release on parole is the rule, rather than the exception.” Reversing that ruling would give greater weight to the enormity of crimes in determining a convict’s suitability for parole and protect future victims from paroled criminals like Phillip Garrido.

The Penn State scandal is no exception, and two California legislators have announced plans to introduce bills stemming from that tragedy. Sen. Juan Vargas (D-Chula Vista) has drafted a bill to require university coaching staff to report suspected child abuse or neglect to law enforcement. Vargas, quoted in the Capitol Alert, said, “Telling their superiors was fine, but they should have gone to the police. What they did was wrong and it wasn’t a crime, but it should be. These men protected their football team rather than the innocent boys.” Citing Sandusky’s connection to his charity through which he met some of his alleged victims, Assemblyman Ricardo Lara (D-South Gate) has announced plans to introduce a bill to strip nonprofits of their tax-exempt status if they enable or fail to report child sexual abuse connected to their organization.

The damage done through child victimization can never be undone, but the focus of the nation on these situations can perhaps reap some benefit, as laws take the lessons of these failures and attempt to protect others from potential harm.


Hat tip:

California Family Council