BILL NUMBER: AB 1960	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Perea

                        FEBRUARY 19, 2014

   An act to amend Section 11105.1 of the Penal Code, relating to
criminal history information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1960, as introduced, Perea. State summary criminal history
information: state hospitals.
   Existing law requires the Department of Justice to maintain state
summary criminal history information, including the identification
and criminal history of any person, such as his or her name, date of
birth, physical description, fingerprints, photographs, dates of
arrest, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person. Existing law
requires the department to furnish this information in response to a
request from certain authorized agencies, organizations, or
individuals for specified purposes. Existing law authorizes state
criminal summary history information to be given to the director of a
state hospital or other treatment facility in specified
circumstances, including when the person is being committed for being
dangerous to others.
   This bill would require the Attorney General to provide state
summary criminal history information to the director of a state
hospital, or his or her designee, for a patient committed to that
facility for treatment. The bill would require the state hospital to
only use the information for the purpose of treatment or the
determination of security required for that patient and to remove the
information from the patient's file and destroy it within 30 days of
the patient being discharged. This bill would also authorize a law
enforcement officer at a state hospital who has access to the
California Law Enforcement Telecommunication System to provide state
summary criminal history information to the director of a state
hospital, or his or her designee, for this purpose.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 11105.1 of the Penal Code is amended to read:
   11105.1.  (a) The following persons shall be furnished with state
summary criminal history information when needed in the course of
their duties:
   (1) The director of a  state hospital or other 
treatment facility  other than a state hospital  to which a
person is committed for treatment under Sections 1026 and 1370 of the
Penal Code, or Section 5250, if committed for being dangerous to
others, or Section 5300, or former Section 6316 or 6321, of the
Welfare and Institutions Code.
   (2) The community program director or the director's designee
under any of the following conditions:
   (A) When ordered to evaluate a defendant for the court under
paragraph (2) of subdivision (a) of Section 1370 and subdivision (b)
of Section 1026 of the Penal Code, or paragraph (2) of subdivision
(a) of former Section 6316 of the Welfare and Institutions Code.
   (B) When ordered to provide outpatient treatment and supervision
services under Title 15 (commencing with Section 1600) of Part 2 of
the Penal Code.
   (C) When a patient is committed for being dangerous to others
under Section 5250 of the Welfare and Institutions Code.
   (D) When the director or the director's designee provides
evaluation, supervision, or treatment for a person under Section 2964
or 2972.
   (3) The officer providing conservatorship investigation under
Section 5354 of the Welfare and Institutions Code in cases where
referral for conservatorship is made while the proposed conservatee
is being treated under Section 1026 or 1370 of the Penal Code or
Section 5250, if committed for being dangerous to others, or Section
5300, or former Section 6316 or 6321, of the Welfare and Institutions
Code.
   (b) In all instances pursuant to subdivision (a), the criminal
history record shall be transmitted by the court with the request for
evaluation or during the conservatorship investigation or with the
order committing the person to a treatment facility or approving
outpatient status, except that  the director of a state
hospital,  the county mental health  director,
  director  and the officer providing
conservatorship investigation may receive the state summary criminal
history information from the law enforcement agency that referred the
person for evaluation and treatment under Section 5150 of the
Welfare and Institutions Code if the person has been subsequently
committed for being dangerous to others under Section 5250 of the
Welfare and Institutions Code. Information obtained under this
subdivision shall not be included in any document  which
  that  will become part of a public record. 
   (c) (1) Subject to the requirements of Section 11105, the Attorney
General shall furnish state summary criminal history information to
the director of a state hospital, or his or her designee, for a
patient committed to that facility for treatment. The information
shall only be used for the purpose of treatment or the determination
of security required for that patient. State summary criminal history
information shall be included in the patient's confidential file for
the duration of the patient's treatment at the state hospital. The
state summary criminal history information shall be removed from the
patient's file and destroyed within 30 days of the patient being
discharged.  
   (2) Subject to the requirements and conditions in Section
11105.03, a law enforcement officer at a state hospital who has
access to the California Law Enforcement Telecommunication System
(CLETS) is hereby authorized to provide state summary criminal
history information to the director of a state hospital, or his or
her designee, for use as provided in paragraph (1).