Amended in Senate March 28, 2016

Senate Bill No. 1334

Introduced by Senator Stone

February 19, 2016

An act to amend Section 11160 of the Penal Code, relating to crime reporting.

LEGISLATIVE COUNSEL’S DIGEST

SB 1334, as amended, Stone. Crime reporting: health practitioners: human trafficking.

Existing law requires a health practitioner, as specified, who, in his or her professional capacity or within the scope of his or her employment, provides medical services to a patient who he or she knows, or reasonably suspects, has suffered from a wound or other physical injury where the injury is by means of a firearm or is the result of assaultive or abusive conduct, to make a report to a law enforcement agency, as specified. Existing law defines “assaultive or abusive conduct” for these purposes as a violation of specified crimes. Under existing law, a violation of this provision is a crime.

This bill would begin insert require a health care practitioner who provides medical services to a patient who discloses that he or she is seeking treatment due to being the victim of assaultive or abusive conduct, to additionally make a report to a law enforcement agency. The bill would also end insert add the crime of human trafficking to the list of crimes that constitute assaultive or abusive conduct for purposes of the above reporting begin delete requirements. end delete begin insert requirements and the reporting requirements added by this bill. end insert By increasing the scope of an existing crime, 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.

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 11160 of the Penal Code is amended to
read:

11160.  

(a)  begin insert (1) end insert begin insert   end insert A health practitioner employed in a health
facility, clinic, physician’s office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, provides
medical services for a physical condition to a patient who he or
she knows, or reasonably suspects, is a person described as follows,
shall immediately make a report in accordance with subdivision
(b):

begin delete

(1)

end delete

begin insert (A) end insert  A person suffering from a wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.

begin delete

(2)

end delete

begin insert (B) end insert  A person suffering from a wound or other physical injury
inflicted upon the person where the injury is the result of assaultive
or abusive conduct.

begin insert

(2) A health practitioner employed in a health facility, clinic,
physician’s office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical
services to a patient who discloses that he or she is seeking
treatment due to being the victim of assaultive or abusive conduct,
shall immediately make a report in accordance with subdivision
(b).

end insert

(b) A health practitioner employed in a health facility, clinic,
physician’s office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described
in subdivision (a) to a local law enforcement agency as follows:

(1) A report by telephone shall be made immediately or as soon
as practically possible.

(2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this begin delete subdivision,
and Section 11160.2, and end delete begin insert subdivision end insert adopted by the Office of
Emergency Services, or on a form developed and adopted by
another state agency that otherwise fulfills the requirements of the
standard form. The completed form shall be sent to a local law
enforcement agency within two working days of receiving the
information regarding the person.

(3) A local law enforcement agency shall be notified and a
written report shall be prepared and sent pursuant to paragraphs
(1) and (2) even if the person who suffered the wound, other injury,
or assaultive or abusive conduct has expired, regardless of whether
or not the wound, other injury, or assaultive or abusive conduct
was a factor contributing to the death, and even if the evidence of
the conduct of the perpetrator of the wound, other injury, or
assaultive or abusive conduct was discovered during an autopsy.

(4) The report shall include, but shall not be limited to, the
following:

(A) The name of the begin delete injured end delete begin insert injured, assaulted, or abused end insert
person, if known.

(B) The begin delete injured end delete begin insert injured, assaulted, or abused end insert person’s
whereabouts.

(C) The character and extent of the person’s begin delete injuries. end delete begin insert injuries,
if any. end insert

(D) The identity of a person the begin delete injured end delete begin insert injured, assaulted, or
abused end insert person alleges inflicted the wound, other injury, or
assaultive or abusive conduct upon the injured person.

(c) For the purposes of this section, “injury” shall not include
any psychological or physical condition brought about solely
through the voluntary administration of a narcotic or restricted
dangerous drug.

(d) For the purposes of this section, “assaultive or abusive
conduct” begin delete shall include end delete begin insert includes end insert any of the following offenses:

(1) Murder, in violation of Section 187.

(2) Manslaughter, in violation of Section 192 or 192.5.

(3) Mayhem, in violation of Section 203.

(4) Aggravated mayhem, in violation of Section 205.

(5) Torture, in violation of Section 206.

(6) Assault with intent to commit mayhem, rape, sodomy, or
oral copulation, in violation of Section 220.

(7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.

(8) Human trafficking, in violation of Section 236.1.

(9) Battery, in violation of Section 242.

(10) Sexual battery, in violation of Section 243.4.

(11) Incest, in violation of Section 285.

(12) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.

(13) Assault with a stun gun or taser, in violation of Section
244.5.

(14) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.

(15) Rape, in violation of Section 261.

(16) Spousal rape, in violation of Section 262.

(17) Procuring a female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.

(18) Child abuse or endangerment, in violation of Section 273a
or 273d.

(19) Abuse of spouse or cohabitant, in violation of Section
273.5.

(20) Sodomy, in violation of Section 286.

(21) Lewd and lascivious acts with a child, in violation of
Section 288.

(22) Oral copulation, in violation of Section 288a.

(23) Sexual penetration, in violation of Section 289.

(24) Elder abuse, in violation of Section 368.

(25) An attempt to commit any crime specified in paragraphs
(1) to (24), inclusive.

(e) If two or more persons who are required to report are present
and jointly have knowledge of a known or suspected instance of
violence that is required to be reported pursuant to this section,
and if there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the
team to make a report by telephone and a single written report, as
required by subdivision (b). The written report shall be signed by
the selected member of the reporting team. A member who has
knowledge that the member designated to report has failed to do
so shall thereafter make the report.

(f) The reporting duties under this section are individual, except
as provided in subdivision (e).

(g) A supervisor or administrator shall not impede or inhibit the
reporting duties required under this section and a person making
a report pursuant to this section shall not be subject to sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports
may be established, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require an employee required to make a report under this article
to disclose his or her identity to the employer.

(h) For the purposes of this section, it is the Legislature’s intent
to avoid duplication of information.

SEC. 2.  

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.