BILL NUMBER: AB 1824	CHAPTERED  07/01/08

	CHAPTER  51
	FILED WITH SECRETARY OF STATE  JULY 1, 2008
	APPROVED BY GOVERNOR  JULY 1, 2008
	PASSED THE SENATE  JUNE 19, 2008
	PASSED THE ASSEMBLY  APRIL 24, 2008

INTRODUCED BY   Assembly Member Beall

                        JANUARY 18, 2008

   An act to amend Section 4519.7 of the Welfare and Institutions
Code, relating to developmental centers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1824, Beall. Regional centers: employee liability.
   Existing law, the Lanterman Developmental Disabilities Services
Act, requires the State Department of Developmental Services to
allocate funds to private nonprofit regional centers for the
provision of community services and support for persons with
developmental disabilities and their families.
   Existing law, operative until January 1, 2009, limits the
liability of a regional center employee for civil damages on account
of an injury or death resulting from the employee's discretionary act
or omission.
   This bill would delete the repeal date of this provision, thereby
extending its operation indefinitely.


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

  SECTION 1.  Section 4519.7 of the Welfare and Institutions Code is
amended to read:
   4519.7.  (a) Any regional center employee shall not be liable for
civil damages on account of an injury or death resulting from an
employee's act or omission where the act or omission was the result
of the exercise of the discretion vested in him or her, in good
faith, in carrying out the intent of this division, except for acts
or omissions of gross negligence or acts or omissions giving rise to
a claim under Section 3294 of the Civil Code. This section shall not
be applied to provide immunity from liability for any criminal act.
   (b) This section is not intended to change, alter, or affect the
liability of regional centers, including, but not limited to, the
vicarious liability of a regional center due to a negligent employee.

   (c) A regional center employee, when participating in filing a
complaint or providing information as required by law regarding a
consumer's health, safety, or well-being, or participating in a
judicial proceeding resulting therefrom, shall be presumed to be
acting in good faith, and unless the presumption is rebutted, shall
be immune from any liability, civil or criminal, and shall be immune
from any penalty, sanction, or restriction that might be incurred or
imposed. The presumption established by this subdivision is a
presumption affecting the burden of producing evidence.
   (d) This section shall apply only to acts or omissions that occur
on or after January 1, 2001.