Amended in Senate April 19, 2016

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: begin delete human trafficking. end delete begin insert reports. end insert

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 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. begin delete The bill would also add the crime of human trafficking to the list of crimes that constitute assaultive or abusive conduct for purposes of the above reporting requirements and the reporting requirements added by this bill. end delete 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) (1) 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):

(A) 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.

(B) 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.

(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).

(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 subdivision
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 injured, assaulted, or abused person, if
known.

(B) The injured, assaulted, or abused person’s whereabouts.

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

(D) The identity of a person the injured, assaulted, or abused
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” includes 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.

begin delete

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

end delete begin delete

(9)

end delete

begin insert (8) end insert  Battery, in violation of Section 242.

begin delete

(10)

end delete

begin insert (9) end insert  Sexual battery, in violation of Section 243.4.

begin delete

(11)

end delete

begin insert (10) end insert  Incest, in violation of Section 285.

begin delete

(12)

end delete

begin insert (11) end insert  Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.

begin delete

(13)

end delete

begin insert (12) end insert  Assault with a stun gun or taser, in violation of Section
244.5.

begin delete

(14)

end delete

begin insert (13) end insert  Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.

begin delete

(15)

end delete

begin insert (14) end insert  Rape, in violation of Section 261.

begin delete

(16)

end delete

begin insert (15) end insert  Spousal rape, in violation of Section 262.

begin delete

(17)

end delete

begin insert (16) end insert  Procuring a female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.

begin delete

(18)

end delete

begin insert (17) end insert  Child abuse or endangerment, in violation of Section 273a
or 273d.

begin delete

(19)

end delete

begin insert (18) end insert  Abuse of spouse or cohabitant, in violation of Section
273.5.

begin delete

(20)

end delete

begin insert (19) end insert  Sodomy, in violation of Section 286.

begin delete

(21)

end delete

begin insert (20) end insert  Lewd and lascivious acts with a child, in violation of
Section 288.

begin delete

(22)

end delete

begin insert (21) end insert  Oral copulation, in violation of Section 288a.

begin delete

(23)

end delete

begin insert (22) end insert  Sexual penetration, in violation of Section 289.

begin delete

(24)

end delete

begin insert (23) end insert  Elder abuse, in violation of Section 368.

begin delete

(25)

end delete

begin insert (24) end insert  An attempt to commit any crime specified in paragraphs
(1) to begin delete (24) end delete begin insert (23) end insert , 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.