BILL NUMBER: SB 1134	CHAPTERED
	BILL TEXT

	CHAPTER  149
	FILED WITH SECRETARY OF STATE  JULY 17, 2012
	APPROVED BY GOVERNOR  JULY 17, 2012
	PASSED THE SENATE  MAY 14, 2012
	PASSED THE ASSEMBLY  JULY 2, 2012
	AMENDED IN SENATE  MAY 8, 2012
	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, 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. The bill would also express the intent of the Legislature that
this bill changes only the name of the duty described above from a
duty to warn and protect to a duty to protect.


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 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, 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.
   (c) It is the intent of the Legislature that the amendments made
by the act adding this subdivision only change the name of the duty
referenced in this section from a duty to warn and protect to a duty
to protect. Nothing in this section shall be construed to be a
substantive change, and any duty of a psychotherapist shall not be
modified as a result of changing the wording in this section.
   (d) It is the intent of the Legislature that a court interpret
this section, as amended by the act adding this subdivision, in a
manner consistent with the interpretation of this section as it read
prior to January 1, 2013.