New Law Limits Media Access to Child Autopsy Reports

December 22, 2010 (Press-News.org) Governor Schwarzenegger signed Senate Bill 5 into law on September 25. It had been introduced by Sen. Dennis Hollingsworth, and it allows autopsy reports to be sealed at the request of the victim's parents. It was passed in response to media requests for documents in the cases of 17-year-old Chelsea King and 14-year-old Amber Dubois, who were killed in separate abductions in California by the same convicted sex offender.

The Legislature noted, "Thousands of Californians are murdered each year, a statistic that has remained steady for over 30 years. The emotional pain suffered by the families of these lost victims is unimaginable. That pain is relived through criminal proceedings, which serve as a troubling reminder of the suffering that loved ones endured before their lives were taken."

California Newspaper Publishers Association (CNPA) opposed the bill, as it would limit access to the original autopsy reports. According to the CNPA, the scope of the bill has been substantially narrowed. The Assembly approved the bill 71-1 and the Senate sent the bill to the governor on a 33-1 vote. The "No on SB 5" caucus included Sen. Leland Yee and Assemblyman Tom Ammiano, both Democrats from San Francisco.

Existing law prohibits the copying of photographs or other materials used by the coroner during their investigation and autopsy, except for use in criminal proceedings related to the crime that caused the death.

The new act, further permits a qualifying family member to request that the results of the autopsy and the evidence associated it be sealed. The bill, classified as an "urgency action" went into effect immediately upon Schwarzenegger's signing.

Assembly Bill 1280 Increases Penalties for Injuring Children

Schwarzenegger also signed AB 1280 by Assemblyman Mike Villines, which creates harsher penalties for anyone who causes physical harm to a child younger than 8 years of age resulting in permanent injury or disability.

Existing law provides that any person who assaults a child under 8 years of age they are caring for, and causes the child's death, can be sent to prison for 25 years to life.

A.B. 1280 amends Penal Code section 273ab, making it a felony punishable by life imprisonment to assault a child under 8 years of age, and cause the child to become comatose or permanently paralyzed due to a brain injury.

In light of the recent cases involving King and Dubois, the Legislature clearly wanted to be seen as "doing something" about these type of crimes. Whether or not these actions increasing criminal penalties and allowing autopsy reports to be sealed will make California children safer remains to be seen.

Article provided by Hinkle, Jachimowicz, Pointer & Emanuel
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