Bill Text: CA SB965 | 2021-2022 | Regular Session | Amended
Bill Title: Conservatorships: medical record: hearsay rule.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-06-09 - June 14 set for first hearing canceled at the request of author. [SB965 Detail]
Download: California-2021-SB965-Amended.html
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Amended
IN
Senate
April 28, 2022 |
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Amended
IN
Senate
April 18, 2022 |
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Amended
IN
Senate
April 06, 2022 |
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Amended
IN
Senate
March 15, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 965
| Introduced by Senator Eggman |
February 09, 2022 |
An act to add Section 5122 to the Welfare and Institutions Code, relating to conservatorships.
LEGISLATIVE COUNSEL'S DIGEST
SB 965, as amended, Eggman.
Conservatorships: medical record: hearsay rule.
Existing law, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder.
Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to
permit the admission of specified kinds of evidence.
Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5122 is added to the Welfare and Institutions Code, to read:5122.
(a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.
(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
