BILL NUMBER: SB 32	CHAPTERED  09/19/00

	CHAPTER   490
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 16, 2000
	PASSED THE SENATE   JUNE 1, 1999
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	AMENDED IN SENATE   APRIL 15, 1999

INTRODUCED BY   Senator Peace

                        DECEMBER 7, 1998

   An act to add Section 3212.8 to the Labor Code, relating to
workers' compensation.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 32, Peace.  Workers' compensation:  law enforcement.
   Under existing law, a person injured in the course of employment
is generally entitled to receive workers' compensation on account of
that injury.  Existing law provides that, in the case of certain
state and local firefighting and law enforcement personnel, the term
"injury" includes various medical conditions that are developed or
manifested during a period while the member is in the service of the
office, staff, department, or unit, and establishes a disputable
presumption in this regard.
   This bill would provide that in the case of certain state and
local firefighting and law enforcement personnel, the term "injury"
also includes hepatitis that develops or manifests itself during a
period while the person is in the service of that office, division,
department, or unit.
   This bill, with respect to these persons, would also establish a
disputable presumption that hepatitis developing or manifesting
itself during the service period arose out of and in the course of
employment or service.  The presumption would also extend to a person
covered by the bill following termination of service for a period of
time based on years of service, but not to exceed 60 months
beginning with the last day worked.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 3212.8 is added to the Labor Code, to read:
   3212.8.  (a) In the case of members of a sheriff's office, of
police or fire departments of cities, counties, cities and counties,
districts, or other public or municipal corporations or political
subdivisions, or individuals described in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, whether
those persons are volunteer, partly paid, or fully paid, and in the
case of active firefighting members of the Department of Forestry and
Fire Protection, or of any county forestry or firefighting
department or unit, whether voluntary, fully paid, or partly paid,
excepting those whose principal duties are clerical or otherwise do
not clearly fall within the scope of active law enforcement service
or active firefighting services, such as stenographers, telephone
operators, and other office workers, the term "injury" as used in
this division, includes hepatitis when any part of the hepatitis
develops or manifests itself during a period while that person is in
the service of that office, staff, division, department, or unit.
The compensation that is awarded for hepatitis shall include, but not
be limited to, full hospital, surgical, medical treatment,
disability indemnity, and death benefits, as provided by the workers'
compensation laws of this state.
   (b) The hepatitis so developing or manifesting itself in those
cases shall be presumed to arise out of and in the course of the
employment or service.  This presumption is disputable and may be
controverted by other evidence, but unless so controverted, the
appeals board is bound to find in accordance with it.  That
presumption shall be extended to a person covered by subdivision (a)
following termination of service for a period of three calendar
months for each full year of service, but not to exceed 60 months in
any circumstance, commencing with the last date actually worked in
the specified capacity.
   (c) The hepatitis so developing or manifesting itself in those
cases shall in no case be attributed to any disease existing prior to
that development or manifestation.