Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1857

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 amended, 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 begin delete a medical facility local summary criminal history information of end delete begin insert an acute care hospital if end insert a person begin delete that end delete begin insert whom end insert the peace officer has brought to the medical facility for treatment begin delete if end delete begin insert has a violent criminal history as indicated by end insert the local summary criminal history information begin delete indicates end delete that the person could be a danger to staff at the begin delete medical facility. end delete begin insert hospital. end insert 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)  begin insert (1) end insert begin insert   end insert Notwithstanding Section 13300, a peace officer
shall disclose to begin delete staff at a medical facility local summary criminal
history information of end delete begin insert clinically licensed staff associated with the
care of the patient at a licensed general acute care hospital, as
defined in subdivision (a) of subdivision 1250 of the Health and
Safety Code, in a timely manner and prior to leaving the licensed
general acute care hospital, if end insert a person begin delete that end delete begin insert whom end insert the peace officer
has brought to the medical facility for treatment begin delete if end delete begin insert has a violent
criminal history as indicated by end insert the local summary criminal history
information begin delete indicates end delete that the person could be a danger to staff at
the begin delete medical facility. end delete begin insert licensed general acute care hospital. end insert

begin insert

(2) Information may be provided verbally by a peace officer.

end insert begin insert

(3) Information is only required to the extent the peace officer
knows the identity of the person he or she has brought to the
licensed general acute care hospital. An officer will only be
considered to know the identity of the person he or she has brought
if the person has a form of government-issued identification.

end insert begin insert

(4) The information required pursuant to this subdivision shall
only be whether or not the individual has a violent criminal history,
and not the specific local summary criminal history information.

end insert

(b) For the purposes of this section, a person shall only be
deemed a person begin delete that end delete begin insert who end insert could be a danger to staff at the begin delete medical
facility end delete begin insert hospital end insert if his or her local summary criminal history
information includes convictions begin insert within the past five years end insert 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.