BILL NUMBER: AB 733	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 10, 2005

INTRODUCED BY   Assembly Member Nation

                        FEBRUARY 17, 2005

   An act to amend Section 43.92 of the Civil Code, relating to
personal rights.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 733, as amended, Nation.  Psychotherapists: duty to warn.
   Existing law provides that no monetary liability and no cause of
action shall arise against a psychotherapist, as defined, for failing
to warn and protect from a patient's threatened violent behavior
except where the patient has communicated to the psychotherapist a
serious threat of physical violence against a reasonably identifiable
victim or victims.
   This bill would revise that provision to specify that it applies
where the patient himself or herself has communicated the threat to
the psychotherapist.  The bill would also encourage a therapist,
if a patient's threat has been communicated to the therapist by a
third party, to contact the patient to the extent that the therapist
reasonably believes is necessary to assess whether the patient poses
a serious threat of physical violence against a reasonably
identifiable victim or victims. The   bill would specify
that the amendments apply only to actions filed on or after January
1, 2006. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 43.92 of the Civil Code is amended to read:
   43.92.
   (a) There shall be no monetary liability on the part of, and no
cause of action shall arise against, any person who is a
psychotherapist as defined in Section 1010 of the Evidence Code in
failing to warn of and protect from a patient's threatened violent
behavior or failing to predict and warn of and protect from a patient'
s violent behavior except where the patient himself or herself has
communicated to the psychotherapist a serious threat of physical
violence against a reasonably identifiable victim or victims.
   (b) If there is a duty to warn and protect under the limited
circumstances specified above, the duty shall be discharged by the
psychotherapist making reasonable efforts to communicate the threat
to the victim or victims and to a law enforcement agency.  
   (c) Notwithstanding subdivision (a), if a patient's threat has
been communicated to the therapist by a third party, the therapist is
encouraged, but not required, to contact the patient to the extent
that the therapist reasonably believes is necessary to assess whether
the patient poses a serious threat of physical violence against a
reasonably identifiable victim or victims.  
   (d) The amendments made to this section by the act adding this
subdivision shall apply only to actions filed on or after January 1,
2006.