BILL NUMBER: AB 733	CHAPTERED  08/22/06

	CHAPTER  136
	FILED WITH SECRETARY OF STATE  AUGUST 22, 2006
	APPROVED BY GOVERNOR  AUGUST 22, 2006
	PASSED THE ASSEMBLY  AUGUST 7, 2006
	PASSED THE SENATE  JUNE 26, 2006
	AMENDED IN SENATE  JUNE 5, 2006
	AMENDED IN ASSEMBLY  MAY 10, 2005

INTRODUCED BY   Assembly Member Nation

                        FEBRUARY 17, 2005

   An act to amend Section 43.92 of the Civil Code, relating to
personal rights.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 733, Nation  Psychotherapists: duty to warn.
   Existing law provides that no monetary liability and no cause of
action shall arise against a psychotherapist, as defined, for failing
to warn and protect from a patient's threatened violent behavior
except where the patient has communicated to the psychotherapist a
serious threat of physical violence against a reasonably identifiable
victim or victims. Existing law also specifies that if there is a
duty to warn and protect under the limited circumstances specified
above, that duty is discharged by the psychotherapist making
reasonable efforts to communicate the threat to the victim or victims
and to a law enforcement agency.
   This bill would revise that latter provision to instead specify
that there is no monetary liability and no cause of action shall
arise against a psychotherapist who, under the limited circumstances
described above, discharges his or her duty to warn and protect by
making reasonable efforts to communicate the threat to the victim or
victims and to a law enforcement agency.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 43.92 of the Civil Code is amended to read:
   43.92.  (a) There shall be no monetary liability on the part of,
and no cause of action shall arise against, any person who is a
psychotherapist as defined in Section 1010 of the Evidence Code in
failing to warn of and protect from a patient's threatened violent
behavior or failing to predict and warn of and protect from a patient'
s violent behavior except where the patient has communicated to the
psychotherapist a serious threat of physical violence against a
reasonably identifiable victim or victims.
   (b) There shall be no monetary liability on the part of, and no
cause of action shall arise against, a psychotherapist who, under the
limited circumstances specified above, discharges his or her duty to
warn and protect by making reasonable efforts to communicate the
threat to the victim or victims and to a law enforcement agency.