BILL NUMBER: AB 1857	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 10, 2016

   An act to add Section 13306 to the Penal Code, relating to
criminal history information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1857, as introduced, Rodriguez. Criminal history information:
medical facilities.
   Existing law requires a local agency to furnish local summary
criminal history information to certain authorized agencies,
organizations, or individuals, when needed in the course of their
duties, and authorizes a local agency to furnish local summary
criminal history information to certain other authorized agencies,
organizations, or individuals, upon a showing of compelling need.
Existing law makes it a misdemeanor for any person authorized by law
to receive a record or information obtained from a record to
knowingly furnish the record or information to a person who is not
authorized by law to receive the record or information.
   This bill would require a peace officer to disclose to staff at a
medical facility local summary criminal history information of a
person that the peace officer has brought to the medical facility for
treatment if the local summary criminal history information
indicates that the person could be a danger to staff at the medical
facility. By requiring local criminal justice agencies to provide
this information and by expanding the scope of a crime, the 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 13306 is added to the Penal Code, immediately
following Section 13305, to read:
   13306.  (a) Notwithstanding Section 13300, a peace officer shall
disclose to staff at a medical facility local summary criminal
history information of a person that the peace officer has brought to
the medical facility for treatment if the local summary criminal
history information indicates that the person could be a danger to
staff at the medical facility.
   (b) For the purposes of this section, a person shall only be
deemed a person that could be a danger to staff at the medical
facility if his or her local summary criminal history information
includes convictions for violent offenses, including, but not limited
to, homicide, rape, mayhem, and assault.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.