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.
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<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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