BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 169|
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THIRD READING
Bill No: AB 169
Author: Portantino (D)
Amended: 4/14/09 in Assembly
Vote: 21
SENATE HEALTH COMMITTEE : 6-2, 5/20/09
AYES: Alquist, DeSaulnier, Leno, Negrete McLeod, Pavley,
Wolk
NOES: Strickland, Aanestad
NO VOTE RECORDED: Cedillo, Cox, Maldonado
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 06/23/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 4/20/09 - See last page for vote
SUBJECT : Communicable disease: involuntary testing
SOURCE : Author
DIGEST : This bill adds custodial officers, custody
assistants, and non-sworn uniformed employees of a law
enforcement agency, as defined, to the list of persons who
may seek to have an arrestee's blood tested, either
voluntarily or by court order, for specified communicable
diseases when exposed to an arrestee's bodily fluids while
acting within the scope of his/her duties.
CONTINUED
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ANALYSIS :
Existing law:
1. Establishes procedures by which an arrestee's blood may
be tested, either voluntarily or by court order, for
specified communicable diseases when a peace officer,
firefighter, or emergency medical personnel is exposed
to an arrestee's blood or bodily fluids, as defined,
while the peace officer, firefighter, or emergency
medical personnel is acting within the scope of his/her
duties.
2. Defines a "custodial officer" as a public officer, not a
peace officer, employed by a law enforcement agency in
specified counties, who maintains custody of prisoners
and performs tasks related to the operation of a local
detention facility used for the detention of persons, as
specified. Custodial officers include correctional
officers, jailers, or other similar titles, that may
serve warrants, court orders, writs, and subpoenas in
the detention facility or under circumstances arising
directly out of maintaining custody of prisoners and
related tasks.
3. Defines a "custody assistant" as a full-time employee,
not a peace officer, employed by the county sheriff's
department who assists peace officer personnel in
maintaining order and security in a custody detention,
court detention, or station jail facility of the
sheriff's department. Custody assistants are
responsible for maintaining custody of prisoners and
performing tasks related to the operation of a local
detention facility used for the detention of persons, as
specified.
This bill adds custodial officers, custody assistants, and
non-sworn uniformed employees of law enforcement agencies,
as defined, to the list of persons who may seek to have an
arrestee's blood tested, either voluntarily or by court
order, for specified communicable diseases when exposed to
an arrestee's bodily fluids while acting within the scope
of their duties.
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Background
According to the National Institute for Occupational Safety
and Health, exposures to blood and other body fluids occur
across a wide variety of occupations. Health care workers,
as well as emergency response and public safety personnel,
can be exposed to blood through needlestick and other
sharps injuries, as well as through mucous membrane and
skin exposures. The pathogens of primary concern for the
CDC (Centers for Disease Control) and the National
Institute for Occupational Safety and Health are the human
immunodeficiency virus (HIV), hepatitis B virus (HBV), and
hepatitis C virus (HCV). According to CDC recommendations,
wounds and skin sites that have been in contact with blood
or bodily fluids should be washed with soap and water; and
mucous membranes should be flushed with water. Immediate
evaluation must be performed by a health care professional.
The evaluation should determine the type of exposure,
infectious status of the source, and the susceptibility of
the exposed person in order to determine the treatment
course.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/29/09)
American Federation of State, County and Municipal
Employees
California Correctional Supervisors Organization
California Peace Officers' Association
Service Employees International Union
ARGUMENTS IN SUPPORT : The Service Employees
International Union states that this bill ensures that all
parties in the arrest and detention process are protected
equally while protecting the public. The American
Federation of State, County and Municipal Employees asserts
that this bill will protect all public safety officers by
ensuring access to proper health care when their duties
expose them to communicable diseases. The California
Correctional Supervisors Organization writes that this is a
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long overdue and much needed piece of legislation.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Caballero, Carter, Conway, Cook, Coto, Davis,
De La Torre, De Leon, DeVore, Duvall, Emmerson, Eng,
Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani,
Gaines, Galgiani, Garrick, Gilmore, Hagman, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, John A. Perez, V. Manuel Perez, Portantino,
Price, Ruskin, Salas, Saldana, Silva, Skinner, Solorio,
Audra Strickland, Swanson, Torlakson, Torres, Torrico,
Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Buchanan, Charles Calderon, Chesbro,
Hall, Smyth
CTW:do 6/29/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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