Nueva Ley contra Abuso Sexual Infantil - Versión para impresión

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Nueva Ley contra Abuso Sexual Infantil - Metamorfosis - 07 Apr, 2019

Se trata de aprobar la ley SB-360, que ayudaría a DISMINUIR el Abuso sexual Infantil en Instituciones..

En el vídeo aparecen Activistas conocidos... como Kameron Facer, Zeb y Candace Conti...

El vídeo, por si solo, deja ver las grandes DEFICIENCIAS de la Organización...

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RE: Nueva Ley contra Abuso Sexual Infantil - JoseFidencioR - 07 Apr, 2019

all right we'll hold them roll open and
00:04
we'll go to your next bill which is SB
00:06
360 because your SB 2 to 1 is
00:09
unconsented thank you madam sure I just
00:12
wanted to reflect for one second on SB
00:14
221 being on consent it is a first for
00:17
me in this committee ever to have a bill
00:19
on consent so we just love to keep
00:22
people take a moment on that never want
00:26
to have people assume like to - the
00:31
expectations go ahead senator we'll move
00:33
to SB 360 SB 360 he asked us to pull it
00:39
from SB 360 requires clergy to report
00:49
suspected child abuse or neglect even if
00:52
they acquire the knowledge or suspicion
00:54
during a penitential communication
00:56
clergy are are already mandated child
01:00
abuse and neglect reporters in
01:02
California this bill would level the
01:04
playing field by holding them to the
01:05
same standard as the other 45 mandated
01:08
reporters listed in statute as mandated
01:11
child abuse and neglect reporters
01:12
doctors psychiatrists therapists and
01:14
others have to break client privilege
01:16
and report suspected child abuse and
01:19
neglect without exception but under
01:21
existing law clergy can lawfully ignore
01:24
suspected child abuse and neglect if
01:26
they acquire the knowledge during a
01:28
conversation that is intended to be
01:30
confidential child abuse is clearly
01:32
still a pressing issue in faith
01:34
institutions last Thursday a priest was
01:37
arrested in the Bay Area on suspicion of
01:39
30 counts of child sex abuse in 2016 and
01:43
2017 and on Friday
01:45
Pope Francis issued a decree making it
01:48
mandatory for Vatican Vatican City
01:51
officials to immediately report abuse
01:54
allegations the first of its kind in the
01:57
Catholic Church California would not be
02:00
trailblazing with this measure
02:01
Connecticut Indiana Mississippi Nebraska
02:04
New Hampshire New Jersey North Carolina
02:06
Oklahoma Rhode Island Tennessee Texas
02:08
and West Virginia
02:09
already have similar statutes they
02:12
operate under the same
02:13
Constitution and the same Bill of Rights
02:15
that we do and we have found no legal
02:18
challenges to these statutes in those
02:20
states it is time for California to put
02:23
children first
02:24
I do have witnesses madam chair thank
02:25
you Thank You senator Hill do we have
02:29
witnesses in support hi my name is
02:34
Cameron Torrez I'm an abuse survivor and
02:43
it uh it all started with my mother she
02:47
was born and raised in San Francisco
02:49
into an abusive family background and in
02:53
her early 20s she was recruited into the
02:56
Jehovah's Witnesses and at this around
02:58
the same time that she became pregnant
03:00
with me they convinced her that Satan
03:05
the devil controlled the entire world
03:08
including her family so she ran away
03:11
with me where I was born and raised in a
03:14
small town with nothing but Joe was
03:16
witnesses and you know naturally I I was
03:19
raised in a god-fearing family so I
03:22
loved her and I wanted to do what was
03:24
right in God's eyes had a really early
03:27
age around six I was taken advantage of
03:30
by a man in the congregation he was
03:32
really really close to the family so
03:34
they trusted him but my mother suspected
03:36
something was up something was wrong so
03:39
she asked me and then went to the elders
03:42
let me confirm that they told her it's
03:46
in God's hands now don't speak about it
03:49
we'll look into it and we'll do
03:51
something about it and they didn't want
03:52
us to talk about it for fear of against
03:56
Satan the devil trying to attack the one
03:57
true religion so nothing happened and a
04:02
few years later it happened again with a
04:05
different man and they said the same
04:10
thing don't speak about it it's in God's
04:12
hands and they'll take care of it so
04:14
these two men I had to grow up with
04:15
staring at as abusers and they're still
04:20
loose in their congregations to this day
04:21
with higher positions and they're
04:24
surrounded by children all the time so I
04:26
was up until about
04:27
two years ago then I realized that I had
04:29
been lied to my entire life I found out
04:33
that I grew up in a cult and that they
04:35
were hiding thousands of sex abuse cases
04:38
this this is a public safety issue for
04:41
all religions governments businesses
04:45
clergy penance and privilege has been
04:47
around for the last hundred plus years
04:49
this will cost the state less money for
04:52
having to rehabilitate people who turn
04:54
to drugs and alcohol and other uses when
04:56
they don't have an outlet has to be 360
05:01
aims to end this Clinton Virgie
05:03
privilege and have mandatory reporting
05:06
and I think it's time that the universe
05:09
is telling us to protect our children
05:12
thank you other witnesses in support you
05:20
Maddie Hyatt from the game you stay at
05:21
the table you may stay at the table go
05:26
ahead you you can speak at the mic
05:27
apologies so I was speaking to the other
05:30
witness all right yeah Maddie hired from
05:31
California Civil Liberties advocacy I
05:33
just wanted to quickly state that we
05:36
follow the no harm principle we don't
05:37
feel the state has any right to regulate
05:39
thought or belief but when people act on
05:42
those beliefs and their conduct over
05:45
steps other people's rights we feel that
05:47
the First Amendment rights of one see
05:50
swear another neighbors Fourteenth
05:52
Amendment rights begin that's the no
05:54
harm principle and that's why we support
05:56
this bill as a civil liberties issue
05:58
it's here in support okay Marisa
06:01
Gonzalez with the National Association
06:02
of Social Workers and we are in strong
06:04
support of this thank you on behalf of
06:09
my aunts Linda and Dorland I strongly
06:12
support this bill thank you my name is
06:16
Candace Conti I'm an abuse survivor and
06:19
I strongly support SB 360 I'm Kathleen
06:26
Conte I'm an abuse survivor and I
06:29
strongly endorse SB 360
06:35
my name is stuff
06:37
cars I am an abuse survivor within a
06:41
religious organization I am in strong
06:45
support of SB 360 my name is Alexandra
06:50
Topal I'm the daughter of my mother
06:52
Stephanie my stepdad Brian both abuses
06:56
sorry
06:57
both abused in the religious I'm in
07:02
support of SB 360 my name is star Paul I
07:08
am an abuse survivor inside the Joe's
07:11
witnesses I strongly support this bill
07:18
my name is Jolene Rivera I'm a child
07:21
abuse survivor sorry and I'm in strong
07:25
support of SB 3 6 my name is sister
07:31
Sophia I'm in strong support of SB 360
07:40
my name is tara james and my mother was
07:46
raised in the Jehovah Witness church and
07:50
I'm in strong support of 360 the world
07:59
needs to change guys it changes with
08:02
this Edward James stand in strong
08:07
support
08:11
Allison Hopkins Mother Abbess of Sister
08:15
of the Valley Sacramento and strong
08:17
support brother David sisters of the
08:22
valley in strong support of this bill
08:26
I'm sister Kate Mother Abbess of the
08:29
Merced sisters of Ally convent and I
08:32
have a number of sisters with us who
08:34
have suffered this and we're so glad
08:36
you're taking a nine and we're in
08:37
support of SB 360 my name is Lena
08:43
Samuelson
08:44
I'm with the sisters of the valley and
08:45
I'm in strong support
08:49
my name is Megan Griffin I am Bay sexual
08:52
abuse survivor and I'm in strong support
08:54
of this bill
08:58
good morning madam my name is David
09:03
Alvarez I'm a representative First
09:06
Nations of California Hockey Association
09:09
and I support this bill
09:13
as being 360 because I think it's a long
09:16
time coming we know as First Nation
09:19
people what it is to be abused and how
09:21
children have been abused from the very
09:24
beginning we all know not strangers so
09:27
what happened to the American Indian
09:28
people and I see it continuously
09:30
happening I'm honored that that was
09:32
asked to come down here and I was
09:35
invited to to speak in behalf of this
09:38
it's been far too long this abuse had
09:41
been going on these laws that protect
09:43
these users oh all my relations thank
09:47
you my name is James Sanchez and I'm in
09:51
strong support my name is Karen Bentley
09:57
I was raised in a religious institution
09:59
I've seen many people who have not had
10:02
their abuse reported to lawmakers it's
10:06
kept inside the congregation I've seen
10:08
it in many different religions I've been
10:11
part of the Antioch school district I've
10:13
worked with children who have been
10:15
abused by teachers I've seen it the
10:18
effects that it's had on children for
10:20
years I have friends outside of the
10:23
organization who are abused as children
10:25
that have turned to prostitution drugs
10:28
I've seen the damage that's done to
10:30
children how hard it is for them to
10:32
survive the cost it has made to society
10:37
I've seen this statistics where only 30
10:41
percent 20 percent is reported there are
10:44
many more that are not reported it's
10:45
affected Society for a long time I am
10:48
currently the secretary treasurer of
10:50
scars we started an organization to stop
10:54
child abuse advocates for reform and
10:56
safety we we thought the only way to
10:59
change society and help society would be
11:01
to change laws
11:03
and change culture the way people think
11:05
about it we want children to be happy
11:08
and free to go reported and to be
11:10
congratulated and honored in reporting
11:13
it so they will have pride and not have
11:16
to hide we want them to wrap at about
11:19
themselves we want them to move on with
11:22
their life I'm in strong support of this
11:25
bill thank you I'm Roger Bentley
11:29
vice-president of scarce and we've
11:31
chosen to be the voice of those that
11:33
don't have a voice the two-year-olds the
11:35
three-year-olds twelve years olds
11:37
they're the most vulnerable and the most
11:39
innocent and I think you can see from
11:40
this group that that voice is being
11:43
heard so scars is in strong support of
11:46
SB 360 thank you my name is Mary Hyatt I
11:51
was her sexually harassed by an elder
11:54
this is my first time speaking in public
11:56
and it's scary and I support 360 bill
12:01
thank you before I ask for the witnesses
12:07
in opposition I want to thank the
12:10
survivors very very much for speaking
12:12
and I want to just applaud your courage
12:16
it is very difficult and I think we all
12:19
know that abuse of children happens
12:24
because either the child is in a setting
12:27
where they feel they cannot tell or
12:30
their or they do tell and it's never
12:33
revealed it allows the abuse to go on so
12:36
we applaud your courage and I was I am
12:40
an abuse survivor years of abuse I did
12:45
not I was not able to speak about it
12:48
publicly until about six years ago so it
12:52
is very very difficult and I really
12:54
applaud you and now we will take the
12:56
witnesses in opposition
13:13
Navan chair and madam chair and members
13:17
of the committee good morning my name is
13:19
Kevin Snyder with Pacific Justice
13:21
Institute a Center for Public Policy
13:23
where I serve as chief counsel in my
13:27
capacity as an attorney much of my
13:30
practice is focused on advising
13:32
religious institutions in their clergy
13:35
the bill before you seeks to impose
13:38
criminal penalties of six months in jail
13:41
on a member of the clergy for refusing
13:44
to break the seal of confession private
13:47
religious counsel typically refer to as
13:49
confession is a millennia old religious
13:53
practice it is common knowledge that the
13:55
practice is the sacraments of the
13:57
Catholic Church but is also part of
14:00
religious practices of the Eastern
14:02
Orthodox Church in the Protestant
14:04
Reformed tradition it is found in the
14:06
Lutheran Episcopal in Presbyterian
14:09
churches other churches also have
14:11
confession as part of their religious
14:13
practices such as the American Baptist
14:16
Methodists latter-day saints in Church
14:18
of Scientology anecdotally in providing
14:21
legal counsel to pastors I would
14:25
estimate that half of evangelical
14:27
fundamentalist in Pentecostal churches
14:30
maintain strict confidences such that
14:33
they will not report confession of
14:35
crimes nor will they testify in court if
14:37
subpoenaed by removing the clergy
14:40
penitent privilege such requires clergy
14:43
to sail between the scylla and charybdis
14:45
they must choose between criminal
14:48
liability or spiritual peril failure to
14:52
immediately bring in the police
14:54
subjects ministers to prosecution in
14:56
jail but disclosing violates religious
14:59
practices in a sacred trust the Bill of
15:02
Rights in our Constitution is a secular
15:05
Decalogue if you will it is a list of
15:08
do's and don'ts directed at the
15:10
government passage of the bill before
15:13
you would break the first Clause of the
15:15
first commandment if you will the
15:17
religion Clause provides that no
15:19
can be passed that prohibits the free
15:22
exercise of religion placing clergy in a
15:25
position such that they will be gored by
15:27
one or the other of two horns of a
15:29
dilemma is precisely with the First
15:31
Amendment forbids just as Congress
15:34
rightly exempted clergy from the
15:36
military draft so - this body should
15:39
have the prudence
15:40
- not conscripted ministers into the
15:42
ranks of law enforcement they're well
15:44
over 40 categories of individuals that
15:47
have been placed at the service of the
15:49
state in relation to reporting
15:52
suspicions of child abuse and neglect
15:54
the church should not be used as a tool
15:56
of the state madam chairman thank you
15:58
for your deliberation on this matter and
16:00
for your service to the community and I
16:02
urge the members to vote nay
16:04
thank you do we have other witnesses in
16:06
opposition yes please proceed thank you
16:19
madam chairman my name is Andrew Rivas
16:20
and I'm the executive director of the
16:22
California Catholic Conference and I am
16:24
here to express the bishops opposition
16:26
to the bill
16:27
and offer myself as a as a person to
16:31
talk to as to why we would be opposed to
16:33
the bill and let me first start by
16:35
saying it is a self-defeating bill and
16:37
that's one of the reasons why we oppose
16:39
it any other witnesses in opposition
16:49
all right questions or comments from yes
16:52
senator Jackson yes to the attorney
16:56
who's here as I had mentioned earlier
16:59
with respect to the Second Amendment we
17:01
have no amendments that are unrestricted
17:04
and unqualified and certainly the First
17:07
Amendment in terms of freedom of
17:09
religion we do have laws prohibiting
17:12
bigamy and those are contrary to certain
17:17
certain religious groups so there is no
17:20
amendment that is without some
17:22
restriction and I'm sure you are aware
17:25
that the the fact of the matter is that
17:32
we have had a plague an epidemic of
17:39
excuses and claims of religion which
17:44
have allowed pedophiles and abusers to
17:49
exist in this country in this world
17:52
unfettered for far too long and the
17:56
notion that talking about at the service
18:00
of the state I would submit that it is
18:04
immoral and against God's will for
18:06
people to abuse children and I think it
18:09
is the responsibility of the state to do
18:12
everything it can to make sure that does
18:14
not continue I think we would be remiss
18:17
in our responsibilities to accept any
18:20
claim that religion and man-made
18:24
religion supersedes the protections that
18:27
we all children in particular in our
18:31
society so I would suggest that your
18:34
First Amendment argument is outdated as
18:39
was mentioned there are many other
18:40
states where this has taken place
18:41
without repercussion that the state the
18:46
people do have the right to limit
18:49
certain practices that are believed to
18:50
be inappropriate immoral and certainly
18:55
to give a pass because someone goes in
18:58
and confesses behavior that is offensive
19:01
to mankind and probably to God but I'll
19:04
let God make that decision I don't
19:08
pretend to know whether whether this is
19:15
something that would be acceptable but I
19:18
suspect given the notion of good and
19:21
evil and God being good and the devil
19:23
being evil that if we were going to have
19:27
that religious discussion that's where I
19:29
think we would land on God's side on the
19:31
side of good but we are a we are a
19:35
society we are governed by laws we are
19:38
governed by what we believe to be what
19:40
is morally correct and what is in the
19:43
best interests of our communities and
19:45
society
19:46
and I would submit having accepting and
19:50
condoning allowing this kind of behavior
19:53
to continue on a claim of religious
19:56
freedom I think is anathema to
19:58
everything we hold dear and I hope it is
20:00
anathema to everything at home we hold
20:03
dear so First Amendment are not
20:05
unlimited Second Amendment not unlimited
20:08
we are a society of human beings and we
20:11
try to protect ourselves and each other
20:12
as best we can so I want to thank you
20:15
for bringing this bill and I want to
20:16
thank the witnesses for coming for it
20:18
I'm sure this was not an easy thing to
20:20
do but this has got to stop and with
20:22
that I would move the bill thank you we
20:26
have a motion senator more luck
20:28
thank you madam mr. Snyder I just want
20:33
to say that we've exempted penitential
20:37
communication when it was first
20:39
addressed back in 97 but we still have
20:43
failures so what is what is your what is
20:46
your recommendation because I I
20:49
appreciate your argument but I also
20:53
appreciate what was just stated you know
20:56
we've where do we find the balance that
20:59
we stop certain activities in organized
21:02
religion
21:03
well the penitent clergy privilege is
21:08
very narrow it's when someone goes to a
21:12
minister in private for penitential
21:15
purposes and communicates and confesses
21:17
that it is not dealing with
21:20
ecclesiastical boards for example when a
21:22
priest goes before a unil of his own
21:27
denomination that that group is not
21:31
covered by the penitent clergy penance
21:33
and privilege and so and so that I
21:37
believe that there are already most
21:42
circumstances are covered by this and so
21:45
the but the and so I don't believe
21:49
broadening that into areas that are a
21:53
sacrament of the church I think that is
21:56
anathema that is a there's a
21:59
a problem in the in the notion that the
22:02
First Amendment is outdated is is this
22:04
is is a troubling a troubling statement
22:08
coming from this body well excuse me if
22:10
I'm a nobody said the First Amendment is
22:12
outdated we said it is not unlimited and
22:14
you as an attorney I am sure know that
22:17
very well so please do not miss
22:19
construed statements
22:23
thank you madam sure mr. Weaver's any
22:26
comments yeah the first comment I would
22:30
make is I was surprised by mr. Hill
22:33
senator Hills press statement listing
22:36
all the states as the former Catholic
22:40
Conference director for the state of
22:41
Texas I didn't know of any place where
22:44
any state were the penitential
22:46
communication right wasn't protected and
22:48
and speaking to the other directors I
22:51
was told that they are still protected
22:52
to this day the only state that I know
22:55
of that doesn't have the protection is
22:56
Texas it never has but it's my
23:00
understanding at least the time that I
23:02
lived in Texas the the that penitential
23:05
communications were honored and
23:08
respected the other thing I would
23:11
respond with in in terms of how the
23:13
penitential protection works is by its
23:17
very nature people are attracted to the
23:22
religious leaders their priests their
23:26
ministers their rabbis out of a feeling
23:30
of trust and in sharing their their
23:35
failures with those folks the intent is
23:39
to have a better relationship with God
23:42
if this bill were to pass and a priest
23:47
were to report something like this to
23:52
authorities I don't think anyone would
23:55
then use the penitential communication
23:57
to share their feelings any longer it
24:00
would be gone and that's it I should
24:02
also point out within the Catholic
24:04
structure even if this bill were to pass
24:08
priests would not be able to come
24:10
forward and reveal what was
24:13
in the penitential communication under
24:15
the threat under the rules of canon law
24:18
which would excommunicate the priests
24:20
automatically thank you manager thank
24:26
you other comments or questions on part
24:29
of my colleagues um I have a few I
24:38
referenced that the silence is what has
24:44
allowed children to continue to be
24:46
abused but I really should not have used
24:48
children alone it is has allowed anyone
24:53
adults children any age to continue to
24:57
be abused and we see that in powerful
25:00
institutions that unfortunately not all
25:04
but many are I don't want to say
25:07
necessarily design such but within those
25:12
powerful institutions if there are
25:14
abusers that the entities protect
25:17
themselves so we see it again and again
25:20
and again whether it was in the
25:22
entertainment industry or different
25:25
faith-based groups or Scouts
25:29
organizations or so many thinks
25:31
employers workplaces where until we have
25:36
had laws to make it safe for people
25:40
affected to report without retaliation
25:43
and without consequence
25:46
you know minimal consequence to
25:48
themselves that these the silence
25:50
continues the abuse and we see it again
25:54
and again and again in any number of
25:56
institutions and we've taken many many
25:58
actions whether it's changing workplace
26:00
rules or a whole host of other laws in
26:05
order to protect abusers and to make it
26:08
as safe as possible for them to come
26:10
forward what this bill does is put the
26:16
religious folks on the level playing
26:17
field with all other mandatory reporters
26:19
which i think is absolutely appropriate
26:21
at this time given what we know about
26:24
the prep
26:26
of abuse within these religious settings
26:29
and that for us not to would be putting
26:33
our head in the sand so I support the
26:40
bill and appreciate senator Hill that
26:43
you brought it back and unless there's
26:48
any other comments or questions and the
26:51
last thing I would say to those of you
26:54
who have spoken maybe for the first time
26:55
it does get easier to speak about it but
27:01
it never the experiences that you
27:04
experience they never go away
27:06
you don't forget but it does get easier
27:08
to speak about it and it's healing
27:10
may we have a roll call close madam
27:14
chair yes sorry I just wanted to make it
27:18
highlight a few points and thank you for
27:19
your comments and Senator Jackson thank
27:21
you for yours
27:22
and I want to thank the witnesses who
27:24
are here under great I'm sure pain today
27:28
it did not go unnoticed one or is it
27:32
unvalued by by your comments you
27:36
instantly made the comment about
27:38
head-in-the-sand
27:39
madam chair and I think one of the
27:41
witnesses and opposition stated that the
27:43
you know a person going to the church or
27:46
going into a confessional or having that
27:48
communication now won't be able to do
27:50
that but I think where the head in the
27:52
sand is is this also would apply to
27:54
clergy and clergy communication or
27:57
knowledge of so when a member of the
28:01
clergy knows that another clergy or
28:03
hears of or sees or hears something they
28:06
will have to report that in the future
28:08
and I think that's where one of the
28:09
problems is and and related to Texas
28:12
actually on the the Catholic Diocese
28:17
website it clearly states that Texas law
28:21
does not about does not respect the
28:27
confidentiality of the penitence the
28:29
penitential communications so there's
28:32
it's very clear there and it seems to be
28:33
working and as Senator Jackson so ably
28:36
comment and no freedoms are absolute
28:38
freedom of speech but you as we know you
28:40
can't yell fire in a crowded theater we
28:43
have freedom of religion and the ability
28:45
to exercise and practice that religion
28:46
but as we know polygamy
28:48
from the Church of Jesus Christ of
28:50
latter-day Saint the Saints is not legal
28:52
and just a couple of years ago in this
28:55
building we passed a mandatory
28:58
vaccination law that eliminated
29:01
exemptions religious exemptions from
29:04
your religion because the greater harm
29:06
caused by the exercise and a practice of
29:10
a religion should should be considered
29:13
and that's exactly what we're doing
29:15
today I respectfully ask your aye vote
29:17
members and thank you Thank You senator
29:19
Hill and before the roll call
29:21
apologies for indulging me committee
29:23
members but the other comment I was
29:25
going to make is that I guess it
29:28
shouldn't surprise us but one of the
29:29
things that I have been kind of
29:32
astounded at maybe astounded it's too
29:34
strong of a word but in our since our
29:37
passage of SB 1420 one which allowed for
29:41
the first time certain records around
29:43
investigations of police misconduct
29:45
certain only very specific incidents the
29:49
the the at least within covered by the
29:53
press the predominant records that ended
29:58
up being released are records related to
30:00
law enforcement subu sup their power
30:03
towards an in sexual assault and sexual
30:07
abuse circumstances and so it's just
30:10
another example of powerful institutions
30:15
that by by us not having full
30:19
transparency it can perpetuate now
30:22
certainly we know that all just all
30:25
religious people do not engage in this
30:27
level of abuse all law enforcement do
30:29
not you know it is a minority but the
30:32
more that it's covered up then the more
30:35
it can continue so senator Morlock thank
30:39
you madam chair I I want to be careful
30:46
that we resolve something
30:51
that needs to be corrected but I'm also
30:56
a little nervous as a representative
30:58
taxpayers that we find ourselves in
31:01
litigation over over this bill should
31:04
passed we had one a few years ago where
31:08
we said abortion clinics neat I mean a
31:12
pro-life or proclaims need to have a
31:14
sign and that went all the way to the
31:16
state's a US Supreme Court and lost I
31:18
want to be careful about the expenditure
31:21
of funds I'm not a lawyer but I'm I'm
31:26
just sensing that we may be stepping
31:29
into an area that is a righteous cause
31:31
but may have an expensive disappointment
31:34
after a few years so I'll I'll be laying
31:38
off on this bill today madam chair madam
31:41
chair may I respond is the chair of the
31:42
Senate Judiciary Committee very briefly
31:44
very briefly there are times when the
31:47
courts are the avenue we need to pursue
31:49
and if it's to protect the innocent
31:52
people from abuse and if it's to
31:55
challenge a practice that has so-called
32:01
protections under religious belief
32:04
exemptions I think it's probably an
32:07
appropriate place for the United States
32:09
Supreme Court ultimately to make
32:12
decisions about just the extent to which
32:14
we are going to allow the claims of
32:17
religious belief supersede the
32:21
protections of people and the public
32:24
welfare so that might be an interesting
32:26
issue should it get to the court and
32:28
perhaps appropriately so perhaps it
32:30
isn't for us to make that decision as to
32:33
whether the Constitution should be
32:35
extended as far as the First Amendment
32:38
goes to allow pedophiles to be able to
32:40
continue their pedophilia if they seek
32:43
if they seek if they seek absolution
32:47
from their church and that might be a
32:50
very interesting case I suspect the
32:52
court will come down so protecting the
32:55
public but sometimes we should be
32:58
welcoming of the opportunity for the
33:01
judiciary to exercise its
33:03
responsibilities under the Khan
33:05
and appreciate your concerns all right
33:11
we've had to close without further
33:13
discussion will have a role call motion
33:15
is due pass to appropriations Skinner I
33:18
inner I Morlock Bradford Jackson aye
33:22
Jackson aye Mitchell Mitchell aye
33:25
Morrell Weiner we will hold the roll
33:28
open until my absent members are able to
33:32
return but I greatly appreciate your
33:36
participation your testimony and Thank
33:38
You senator Hill Thank You members
33:41
colleagues all right so we will now go
33:46
to item 7 SB 2 2 for Senator Grove
34:11
pardon me
34:21
senator Grove who may

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RE: Nueva Ley contra Abuso Sexual Infantil - JoseFidencioR - 07 Apr, 2019

LA FUNDACIÓN VERDAD Y TRANSPARENCIA [/url]
Publicado 20 de febrero de 2019 10:02 am PST
El senador del estado de California, Jerry Hill, propuso el [url=https://sd13.senate.ca.gov/sites/sd13.senate.ca.gov/files/sb360_factsheet.pdf]Proyecto de Ley 360 del Senado de California que elimina una exención radical del clero de las leyes estatales de notificación de abuso infantil y negligencia.
La propuesta se produce después de las discusiones entre el personal del Senador y la Fundación Verdad y Transparencia (TTF) en noviembre y diciembre de 2018. Como parte de la misión de la TTF de crear conciencia sobre el abuso dentro de contextos religiosos, la TTF hizo que muchos legisladores de California se dieran cuenta de la enorme brecha. en la ley El senador Hill tomó la iniciativa al encabezar una solución al proponer el cambio.
Actualmente, el Código Penal de California § 11166 (d) (1 ) establece lo siguiente:
"Un miembro del clero que adquiere conocimiento o una sospecha razonable de abuso o negligencia infantil durante una comunicación penitencial no está [obligado a hacer un informe]".
El código continúa definiendo la "comunicación penitencial" y crea efectivamente una exención en la que todos los miembros del clero de California están exentos de denunciar el abuso y la negligencia infantil, un deber que de otro modo es legalmente requerido por el Código Penal de California § 11165.7 (a) (32) - ( 33) .
La SB 360 propone que se elimine por completo el § 11166 (d) (1), lo que requiere que todos los miembros del clero del estado de California informen todos los casos de abuso o negligencia de menores que se hayan comunicado a las autoridades correspondientes.
El proyecto de ley cuenta con el apoyo de muchas organizaciones y personas, incluido el propio clero. El Rev. Dr. Jaime Romo, Presidente del Proyecto de Fe Amiga de los Niños y clérigo en San Diego dijo lo siguiente:
“Durante demasiado tiempo, las autoridades religiosas han estado protegidas de reportar estos casos, dejando a los niños vulnerables e inseguros. "Al igual que los maestros, los médicos y otros reporteros obligatorios, los miembros del clero a menudo pasan mucho tiempo con las familias, por lo que están en una posición ideal para notar o saber si un niño está siendo o ha sido perjudicado".
La Red de Sobrevivientes de esos Abusos por Sacerdotes (SNAP) también alinea su organización con esta nueva legislación, declarando:
“En el pasado, las exenciones administrativas a las leyes de notificación obligatoria han permitido que los clérigos no denuncien cuando escucharon las denuncias de maltrato infantil durante la confesión o presenciaron que un clérigo o miembro de la iglesia abusaba de un niño. Respaldamos cualquier ley que pueda ayudar a eliminar este secreto y promover la protección de los niños y la prevención del abuso, y esperamos que el Senado de California se haga cargo del proyecto de ley del Senador Hill de inmediato ".
El TTF apoya inequívocamente a California SB 360. Protege a los sobrevivientes de abusos y responsabiliza a las instituciones religiosas respetando el derecho constitucional a la libertad religiosa. El arrepentimiento religioso siempre debe incluir la restitución y, en todas las situaciones criminales como la del abuso, la restitución solo puede hacerse cuando la justicia es servida por las leyes de la tierra.
El TTF hizo un esfuerzo similar en Utah, enviando un correo electrónico con una propuesta a todos los legisladores del Estado de Utah en noviembre de 2018. No se recibieron respuestas de ningún legislador.
Si usted es residente de California, considere ponerse en contacto con sus legisladores y decirles que apoya la SB 360. También puede hacer que su voz sea escuchada al firmar esta petición .

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RE: Nueva Ley contra Abuso Sexual Infantil - Metamorfosis - 08 Apr, 2019

Gracias Jose Fidencio por la información adicional.

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