BILL NUMBER: SB 1134	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 28, 2012

INTRODUCED BY   Senator Yee

                        FEBRUARY 21, 2012

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1134, as amended, Yee. Persons of unsound mind: psychotherapist
duty to protect.
   Existing law provides that no monetary liability and no cause of
action arises against a psychotherapist, as defined, for failing to
warn and protect from a patient's threatened violent behavior except
if 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 no monetary liability
and no cause of action shall arise against a psychotherapist who,
under those circumstances, 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.
   This bill would revise these provisions by removing any duty to
warn  and by providing that no monetary liability and no
cause of action will arise against a psychotherapist for failing to
protect from a patient's threatened violent behavior, except if the
patient has communicated to the therapist a serious threat of
physical violence against a reasonably identifiable victim or
victims. In those circumstances, this bill would provide that there
will be no monetary liability and no cause of action against the
psychotherapist if the psychotherapist discharges his or her duty to
protect by making reasonable efforts to communicate the threat to the
intended victim or victims and to a law enforcement agency 
.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 protect from a patient's threatened violent behavior or
failing to predict and protect from a patient's violent behavior
except  where   if  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, 
where the patient has communicated a serious threat of violence as
specified in subdivision (a),   under the limited
circumstances specified in subdivision (a),  discharges his or
her duty to protect by making reasonable efforts to communicate the
threat to the victim or victims and to a law enforcement agency.