BILL NUMBER: SB 580 CHAPTERED 08/26/02 CHAPTER 249 FILED WITH SECRETARY OF STATE AUGUST 26, 2002 APPROVED BY GOVERNOR AUGUST 24, 2002 PASSED THE SENATE AUGUST 8, 2002 PASSED THE ASSEMBLY JULY 3, 2002 AMENDED IN ASSEMBLY JUNE 4, 2002 AMENDED IN ASSEMBLY APRIL 1, 2002 AMENDED IN SENATE JANUARY 29, 2002 AMENDED IN SENATE JANUARY 23, 2002 INTRODUCED BY Senator Figueroa FEBRUARY 22, 2001 An act to amend Section 11160 of, to amend, renumber, and add Section 11171 to, and to add and repeal Section 11160.2 of, the Penal Code, relating to crime prevention. LEGISLATIVE COUNSEL'S DIGEST SB 580, Figueroa. Crime prevention: reporting crimes. Existing law requires any health practitioner employed in a health facility or clinic or physician's office who, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observes a patient who he or she knows or reasonably suspects has suffered from any wound or injury inflicted by his or her own act or any wound or physical injury inflicted on the person as the result of assaultive or abusive conduct to report to a law enforcement agency, as specified. This bill would require that, within one year from its enactment, a standard state form for reporting crimes pursuant to this provision be developed and adopted by the Office of Criminal Justice Planning, as specified. The bill would make a conforming change and would provide for the repeal of provisions governing the adoption of the form on January 1, 2004. This bill would make a declaration of legislative intent. The bill would furthermore provide, in order to better protect victims of child physical abuse or neglect and improve the investigation and prosecution of cases of child physical abuse or neglect, that, on or before January 1, 2004, the Office of Criminal Justice Planning, in cooperation with specified agencies, organizations, and other appropriate experts, shall establish medical forensic forms, instructions, and examination protocol for the victims of child physical abuse or neglect, as specified. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature that medical forensic forms and reporting forms be available on the Internet, from a central Web site, such as one operated by the Office of Criminal Justice Planning, or via links in that Web site to other state department Web sites providing these forms. SEC. 2. Section 11160 of the Penal Code is amended to read: 11160. (a) Any health practitioner employed in a health facility, clinic, physician's office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b): (1) Any person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm. (2) Any person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct. (b) Any health practitioner employed in a health facility, clinic, physician's office, local or state public health department, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows: (1) A report by telephone shall be made immediately or as soon as practically possible. (2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and Section 11160.2, and adopted by the Office of Criminal Justice Planning as of December 31, 2003, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person. (3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy. (4) The report shall include, but shall not be limited to, the following: (A) The name of the injured person, if known. (B) The injured person's whereabouts. (C) The character and extent of the person's injuries. (D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person. (c) For the purposes of this section, "injury" shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug. (d) For the purposes of this section, "assaultive or abusive conduct" shall include any of the following offenses: (1) Murder, in violation of Section 187. (2) Manslaughter, in violation of Section 192 or 192.5. (3) Mayhem, in violation of Section 203. (4) Aggravated mayhem, in violation of Section 205. (5) Torture, in violation of Section 206. (6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220. (7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222. (8) Battery, in violation of Section 242. (9) Sexual battery, in violation of Section 243.4. (10) Incest, in violation of Section 285. (11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244. (12) Assault with a stun gun or taser, in violation of Section 244.5. (13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245. (14) Rape, in violation of Section 261. (15) Spousal rape, in violation of Section 262. (16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c. (17) Child abuse or endangerment, in violation of Section 273a or 273d. (18) Abuse of spouse or cohabitant, in violation of Section 273.5. (19) Sodomy, in violation of Section 286. (20) Lewd and lascivious acts with a child, in violation of Section 288. (21) Oral copulation, in violation of Section 288a. (22) Sexual penetration, in violation of Section 289. (23) Elder abuse, in violation of Section 368. (24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive. (e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. (f) The reporting duties under this section are individual, except as provided in subdivision (e). (g) No supervisor or administrator shall impede or inhibit the reporting duties required under this section and no person making a report pursuant to this section shall be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer. (h) For the purposes of this section, it is the Legislature's intent to avoid duplication of information. SEC. 3. Section 11160.2 is added to the Penal Code, to read: 11160.2. (a) A standard state form for reporting crimes pursuant to Section 11160 shall be developed by the Office of Criminal Justice Planning (OCJP) in cooperation with the State Department of Health Services, the Department of Aging and the ombudsman program, the State Department of Social Services, law enforcement agencies, the Department of Justice, the California Association of Crime Lab Directors, the California District Attorneys Association, the California State Sheriff's Association, the California Medical Association, the California Police Chiefs' Association, domestic violence advocates, the California Medical Training Center, and adult protective services, and shall be adopted by OCJP. (b) The form described in subdivision (a) shall include a place for a notation concerning each of the following: (1) The requirements of paragraph (4) of subdivision (b) of Section 11160. (2) The name, address, telephone number, and occupation of the person reporting. (3) The address of the injured person, if known. (4) The date, time, and place of the incident, if known. (5) Other details, including the reporter's observations and beliefs concerning the incident. (6) Any statements relating to the incident made by the victim. (7) The name of any individuals believed to have knowledge of the incident. (c) The form described in subdivision (a) shall be completed by OCJP not later than one year after the enactment of this section. (d) The form described in subdivision (a) shall be developed with the highest regard for the privacy of the individual who is the subject of the crime reported on that form and the safety of any victims or family members of victims that may be affected by the crime reported on the form. (e) Nothing provided in this section is intended to replace or impede any medical treatment of patients or related medical documentation. (f) This section shall remain in effect until January 1, 2004, and on that date is repealed, unless a later enacted statute deletes or extends that date. SEC. 3. Section 11171 of the Penal Code is amended and renumbered to read: 11171.2. (a) A physician and surgeon or dentist or their agents and by their direction may take skeletal X-rays of the child without the consent of the child's parent or guardian, but only for purposes of diagnosing the case as one of possible child abuse or neglect and determining the extent of the child abuse or neglect. (b) Neither the physician-patient privilege nor the psychotherapist-patient privilege applies to information reported pursuant to this article in any court proceeding or administrative hearing. SEC. 4. Section 11171 is added to the Penal Code, to read: 11171. (a) (1) The Legislature hereby finds and declares that adequate protection of victims of child physical abuse or neglect has been hampered by the lack of consistent and comprehensive medical examinations. (2) Enhancing examination procedures, documentation, and evidence collection relating to child abuse or neglect will improve the investigation and prosecution of child abuse or neglect as well as other child protection efforts. (b) On or before January 1, 2004, the Office of Criminal Justice Planning shall, in cooperation with the State Department of Social Services, the Department of Justice, the California Association of Crime Lab Directors, the California State District Attorneys Association, the California State Sheriffs Association, the California Peace Officers Association, the California Medical Association, the California Police Chiefs' Association, child advocates, the California Medical Training Center, child protective services, and other appropriate experts, establish medical forensic forms, instructions, and examination protocol for victims of child physical abuse or neglect using as a model the form and guidelines developed pursuant to Section 19823.5. (c) The form shall include, but not be limited to, a place for notation concerning each of the following: (1) Any notification of injuries or any report of suspected child physical abuse or neglect to law enforcement authorities or children' s protective services, in accordance with existing reporting procedures. (2) Addressing relevant consent issues, if indicated. (3) The taking of a patient history of child physical abuse or neglect that includes other relevant medical history. (4) The performance of a physical examination for evidence of child physical abuse or neglect. (5) The collection or documentation of any physical evidence of child physical abuse or neglect, including any recommended photographic procedures. (6) The collection of other medical or forensic specimens, including drug ingestion or toxication, as indicated. (7) Procedures for the preservation and disposition of evidence. (8) Complete documentation of medical forensic exam findings with recommendations for diagnostic studies, including blood tests and X-rays. (9) An assessment as to whether there are findings that indicate physical abuse or neglect. (c) The forms shall become part of the patient's medical record pursuant to guidelines established by the advisory committee of the Office of Criminal Justice Planning and subject to the confidentiality laws pertaining to the release of a medical forensic examination records. (D) The forms shall be made accessible for use on the Internet.