BILL NUMBER: SB 222	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Padilla

                        FEBRUARY 11, 2013

   An act  to add Section 56.19 to the Civil Code, 
relating to genetic information.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 222, as amended, Padilla. Genetic information: privacy.
   Existing law prohibits discrimination on the basis of an
individual's genetic information. Existing law protects the genetic
test result contained in the medical records of an applicant to, or
enrollee of, a health care service plan. Existing law establishes
civil and criminal penalties for the negligent or willful disclosure
of a persons genetic test results, as specified. 
   This bill would declare that an individual's genetic information
is protected by the right of privacy. The bill would prohibit any
person from collecting, storing, analyzing, or disclosing genetic
information without the written authorization of the individual to
whom the information pertains, and would include related findings and
declarations. The bill would establish civil and criminal penalties
for a violation of this prohibition. By creating new crimes, this
bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   This bill would state the intent of the Legislature to enact
legislation that would protect individuals from the unauthorized use
of their genetic information, ensure that genetic information is
personal information that is not collected, stored, or disclosed
without the individual's authorization, provide protections for the
collection, storage, and authorized use of genetic information, and
promote the use of genetic information for legitimate reasons,
including, but not limited to, health care, research, advancement of
medicine, and educational purposes, as the field of genomics
advances.  
   This bill would also make findings and declarations regarding
genetic privacy. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) On October 11, 2012, the Presidential Commission for the Study
of Bioethical Issues (commission) released a report titled "Privacy
and Progress in Whole Genome Sequencing," recommending the adoptions
of policies to help ensure privacy and security, as the field of
genomics advances.
   (b) Various national and state policies are in place to protect
personally identifiable health information and records.
   (c) The commission urges federal and state governments to ensure a
consistent floor of privacy protections covering whole genome
sequencing data regardless of how they were obtained.
   (d) Policies should protect individual genetic information by
prohibiting the unauthorized use of surreptitious collection.
   (e) It is the intent of the Legislature to enact legislation that
would protect individuals from the unauthorized collection, storage,
and disclosure of their genetic information.
   (f) It is the intent of the Legislature to enact legislation that
would ensure that genetic information is personal information that is
not collected, stored, or disclosed without the individual's
authorization.
   (g) It is the intent of the Legislature to enact legislation that
would provide protections for the collection, storage, and authorized
use of genetic information.
   (h) It is the intent of the Legislature to enact legislation that
would promote the use of genetic information for legitimate reasons,
including, but not limited to, health care, research, advancement of
medicine, and educational purposes, as the field of genomics
advances.
   SEC. 2.    Section 56.19 is added to the  
Civil Code   , to read:  
   56.19.  (a) Genetic information is protected by the right of
privacy pursuant to Section 1 of Article I of the California
Constitution and, notwithstanding subdivision (c) of Section 56.10,
or any other law, shall not be collected, stored, analyzed, or
disclosed without the written authorization of the individual to whom
the information pertains.
   (b) Any person who negligently violates subdivision (a) shall be
assessed a civil penalty in an amount not to exceed one thousand
dollars ($1,000) plus court costs, as determined by the court, which
penalty and costs shall be paid to the individual to whom the genetic
information pertains.
   (c) Any person who willfully violates subdivision (a) shall be
assessed a civil penalty in an amount not less than one thousand
dollars ($1,000) and not more than five thousand dollars ($5,000)
plus court costs, as determined by the court, which penalty and costs
shall be paid to the individual to whom the genetic information
pertains.
   (d) Any person who willfully or negligently violates subdivision
(a), where the violation results in economic, bodily, or emotional
harm to the individual to whom the genetic information pertains, is
guilty of a misdemeanor punishable by a fine not to exceed ten
thousand dollars ($10,000).
   (e) In addition to the penalties listed in subdivisions (b) and
(c), a person who commits an act described in subdivision (b) or (c)
shall be liable to the person to whom the genetic information
pertains for all actual damages, including damages for economic,
bodily, and emotional harm that is proximately caused by that act.
   (f) Each violation of this section is a separate and actionable
offense.
   (g) (1) No person or entity who sends or discloses genetic
information in a good faith attempt to comply with this section shall
be liable under this section for the conduct of the recipient.
   (2) No person or entity that receives genetic information in a
good faith attempt to comply with this section shall be liable under
this section for the conduct of the sender or discloser. 
   SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.