BILL NUMBER: SB 502 CHAPTERED 10/07/01 CHAPTER 579 FILED WITH SECRETARY OF STATE OCTOBER 7,2001 PASSED THE SENATE SEPTEMBER 13, 2001 PASSED THE ASSEMBLY SEPTEMBER 10, 2001 AMENDED IN ASSEMBLY SEPTEMBER 5, 2001 AMENDED IN ASSEMBLY JULY 9, 2001 AMENDED IN SENATE MAY 1, 2001 AMENDED IN SENATE APRIL 16, 2001 AMENDED IN SENATE APRIL 5, 2001 INTRODUCED BY Senator Ortiz (Coauthor: Assembly Member Cohn) FEBRUARY 22, 2001 An act to add Section 11161.2 to the Penal Code, relating to domestic violence and elder and dependent adult abuse and neglect, and making an appropriation therefor. (Approved by Governor October 5, 2001. Filed with Secretary of State October 7, 2001.) I am signing Senate Bill 502, however, I am vetoing Section 2 of the bill which would appropriate $100,000 from the General Fund. This bill would require the Office of Criminal Justice Planning (OCJP) to establish medical forms, instructions, and examination protocol for victims of domestic violence and elder and dependent adult abuse and neglect, using specified guidelines, in cooperation with specified state and local entities. Given the rapid decline of our economy and a budget shortfall of $1.1 billion through the first three months of this fiscal year alone, I have no choice but to oppose additional General Fund Spending. Therefore, I am vetoing Section 2 of the bill that would appropriate $100,000 from the General Fund to the Office of Criminal Justice Planning (OCJP) in order to implement the provisions of this bill. I am directing the OCJP to implement the provisions of this measure within their existing resources. GRAY DAVIS, Governor LEGISLATIVE COUNSEL'S DIGEST SB 502, Ortiz. Elder abuse. Existing law requires specified persons to report physical injury as a result of assaultive or abusive behavior, including elder or dependent adult abuse and domestic violence, to local law enforcement. Existing law also authorizes the County of San Mateo to establish a pilot project, as specified, to create, after consultation with the Department of Justice, a standardized form for reporting violence and abuse of elder and dependent adults. This bill would require the Office of Criminal Justice Planning to cooperate with various agencies to establish medical forensic forms fulfilling specified criteria, instructions, and examination protocol for victims of domestic violence and elder and dependent adult abuse and neglect, as specified. This bill would also require the Office of Criminal Justice Planning to determine whether it would be appropriate and forensically sound to develop separate or joint forms for medical forensic findings relating to these types of abuse. This bill would also appropriate $100,000 from the General Fund to the Office of Criminal Justice Planning to carry out the purposes of this act. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 11161.2 is added to the Penal Code, to read: 11161.2. (a) The Legislature finds and declares that adequate protection of victims of domestic violence and elder and dependent adult abuse has been hampered by lack of consistent and comprehensive medical examinations. Enhancing examination procedures, documentation, and evidence collection will improve investigation and prosecution efforts. (b) On or before January 1, 2003, the Office of Criminal Justice Planning shall, 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, adult protective services, and other appropriate experts: (1) Establish medical forensic forms, instructions, and examination protocol for victims of domestic violence and elder and dependent adult abuse and neglect using as a model the form and guidelines developed pursuant to Section 13823.5. The form should include, but not be limited to, a place for a notation concerning each of the following: (A) Notification of injuries and a report of suspected domestic violence or elder or dependent adult abuse and neglect to law enforcement authorities, Adult Protective Services, or the State Long-Term Care Ombudsmen, in accordance with existing reporting procedures. (B) Obtaining consent for the examination, treatment of injuries, collection of evidence, and photographing of injuries. Consent to treatment shall be obtained in accordance with the usual hospital policy. A victim shall be informed that he or she may refuse to consent to an examination for evidence of domestic violence and elder and dependent adult abuse and neglect, including the collection of physical evidence, but that refusal is not a ground for denial of treatment of injuries and disease, if the person wishes to obtain treatment and consents thereto. (C) Taking a patient history of domestic violence or elder or dependent adult abuse and neglect and other relevant medical history. (D) Performance of the physical examination for evidence of domestic violence or elder or dependent adult abuse and neglect. (E) Collection of physical evidence of domestic violence or elder or dependent adult abuse. (F) Collection of other medical and forensic specimens, as indicated. (G) Procedures for the preservation and disposition of evidence. (H) Complete documentation of medical forensic exam findings. (2) Determine whether it is appropriate and forensically sound to develop separate or joint forms for documentation of medical forensic findings for victims of domestic violence and elder and dependent adult abuse and neglect. (3) The forms shall become part of the patient's medical record pursuant to guidelines established by the Office of Criminal Justice Planning advisory committee and subject to the confidentiality laws pertaining to release of medical forensic examination records. (c) The forms shall be made accessible for use on the Internet. SEC. 2. The sum of one hundred thousand dollars ($100,000) is hereby appropriated from the General Fund to the Office of Criminal Justice Planning to carry out the purposes of this act. The office may use up to 3 percent of the funds appropriated for administration of the program.