BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    SB 1334       Hearing Date:    April 5, 2016    
          
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          |Author:    |Stone                                                |
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          |Version:   |March 28, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|AA                                                   |
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                  Subject:  Crime Reporting:  Health Practitioners 



          HISTORY

          Source:   California Clinical Forensic Medical Training Center

          Prior Legislation:AB 1652 (Speier) - Chapter 992, Stats. 1993

          Support:  California District Attorneys Association; California  
                    State Sheriffs' Association; County Health Executives  
                    Association of California

          Opposition:None Known

           


          PURPOSE

          The purpose of this bill is to provide that the existing  
          mandatory reporting law applicable to health practitioners  
          includes patients who disclose they are seeking treatment due to  
          being the victim of assaultive or abusive conduct, as specified.  
          

          Current law requires that any "health practitioner employed in a  
          health facility, clinic, physician's office, local or state  








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          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 whom he or she knows or reasonably  
          suspects is a person described as follows, shall immediately  
          make a report" to a local law enforcement agency, as specified:

             (1)  Any person suffering from any 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.

             (2)  Any person suffering from any wound or other physical  
               injury inflicted upon the person where the injury is the  
               result of assaultive or abusive conduct.  (Penal Code §  
               11160.) (emphasis added.)

          Current law provides, for the purpose of this section,  
          "assaultive or abusive conduct" includes specific crimes  


































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          enumerated in this section.<1>  (Penal Code § 11160 (d).)    
          Current law additionally provides that, 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."   
          (Penal Code § 11160(c).) 

          Current law additionally recommends that any medical records of  
          a person about whom the physician or surgeon is required to  
          report include the following:

             (1)  Any comments by the injured person regarding past  
               domestic violence, as defined in Section 13700, or  
               regarding the name of any person suspected of inflicting  
               the wound, other physical injury, or assaultive or abusive  
               conduct upon the person.

          ---------------------------
          <1> Those sections are: (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) Battery, in violation  
          of Section 242. (9) Sexual battery, in violation of Section  
          243.4. (10) Incest, in violation of Section 285. (11) Throwing  
          any vitriol, corrosive acid, or caustic chemical with intent to  
          injure or disfigure, in violation of Section 244. (12) Assault  
          with a stun gun or taser, in violation of Section 244.5.
          (13) Assault with a deadly weapon, firearm, assault weapon, or  
          machinegun, or by means likely to produce great bodily injury,  
          in violation of Section 245. (14) Rape, in violation of Section  
          261. (15) Spousal rape, in violation of Section 262. (16)  
          Procuring any female to have sex with another man, in violation  
          of Section 266, 266a, 266b, or 266c. (17) Child abuse or  
          endangerment, in violation of Section 273a or 273d. (18) Abuse  
          of spouse or cohabitant, in violation of Section 273.5. (19)  
          Sodomy, in violation of Section 286. (20) Lewd and lascivious  
          acts with a child, in violation of Section 288. (21) Oral  
          copulation, in violation of Section 288a. (22) Sexual  
          penetration, in violation of Section 289. (23) Elder abuse, in  
          violation of Section 368. (24) An attempt to commit any crime  
          specified in paragraphs (1) to (23), inclusive.(Id.)








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             (2)  A map of the injured person's body showing and  
               identifying injuries and bruises at the time of the health  
               care.

             (3)  A copy of the law enforcement reporting form.  (Penal  
               Code § 11161.)

          Current law further states that it "is recommended that the  
          physician or surgeon refer the person to local domestic violence  
          services if the person is suffering or suspected of suffering  
          from domestic violence," as specified.   (Id.)

          This bill would amend section 11160 to require 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 " pursuant to these  
          provisions.

          This bill makes additional technical, conforming amendments.

          This bill additionally adds human trafficking to the definition  
          of "assaultive or abusive conduct" in the context of these  
          provisions, but as noted in Comment 2 below, the author intends  
          to amend the bill in Committee to delete this provision.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  









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          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;

                 141.5% of design bed capacity by February 28, 2015; and,

                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  

          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

                  Whether a proposal erodes a measure which has  
                 contributed to reducing the prison population;

                  Whether a proposal addresses a major area of public  
                 safety or criminal activity for which there is no other  
                 reasonable, appropriate remedy;










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                  Whether a proposal addresses a crime which is directly  
                 dangerous to the physical safety of others for which  
                 there is no other reasonably appropriate sanction; 

                  Whether a proposal corrects a constitutional problem or  
                 legislative drafting error; and

                  Whether a proposal proposes penalties which are  
                 proportionate, and cannot be achieved through any other  
                 reasonably appropriate remedy.



          COMMENTS

          1.Stated Need for This Bill

          The author states:

               Within current statute, there is a gap in the  
               mandatory reporting law that impacts reporting of  
               sexual assault by health care providers.  The current  
               statute only requires reporting of sexual assault if  
               there is a wound or injury.   There may not be a wound  
               or injury resulting from a sexual assault, and some  
               offenses such as forced oral copulation would not  
               cause a wound or injury.  SB 1334 would clarify this  
               statute by stating that the mandatory reporting law  
               would be triggered if a health practitioner provides  
               medical services to a victim who discloses that they  
               are receiving treatment due to being a victim of  
               assaultive or abusive conduct.

          2.Author's Amendments

          The author intends to amend the bill in Committee to delete  
          the added reference to human trafficking in the definitions  
          applicable to the section changed by the bill; its addition  
          was not intended for this bill.

          3.What This Bill Would Do

          As explained by the author, this bill clarifies the  
          mandatory reporting provisions in current law concerning  









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          injuries caused by certain assaultive or abusive conduct to  
          include when a patient discloses he or she is seeking  
          treatment due to being a victim of assaultive or abusive  
          conduct.  The bill does not expand the scope of the kind of  
          injury that triggers a mandated report.  As noted above,  
          the current statute enumerates the specific criminal  
          offenses constituting assault or abuse in this context, and  
          as to be amended by the author in Committee, this bill will  
          not change that scope.  

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