Bill Text: CA AB1593 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Parole: intimate partner battering.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-30 - Chaptered by Secretary of State - Chapter 809, Statutes of 2012. [AB1593 Detail]

Download: California-2011-AB1593-Introduced.html

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BILL NUMBER: AB 1593	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Ma

                        FEBRUARY 6, 2012

   An act to amend Section 11161.2 of the Penal Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1593, as introduced, Ma. Domestic violence.
   Existing law requires the California Emergency Management Agency,
in consultation with specified state agencies and other
organizations, to establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect, as specified.
   This bill would make technical, nonsubstantive changes to these
provisions.
   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 11161.2 of the Penal Code is amended to read:
   11161.2.  (a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and comprehensive
medical examinations. Enhancing examination procedures,
documentation, and evidence collection will improve investigation and
prosecution efforts.
   (b) The California Emergency Management Agency shall, in
cooperation with the State Department of  Public  Health
 Services  , the Department of Aging and the
ombudsman program, the State Department of Social Services, law
enforcement agencies, the Department of Justice, the California
Association of Crime Lab Directors, the California District Attorneys
Association, the California State Sheriffs' Association, the
California Medical Association, the California Police Chiefs'
Association, domestic violence advocates, the California Medical
Training Center, adult protective services, and other appropriate
experts  , do all of the following  :
   (1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect using as a model the form and
guidelines developed pursuant to Section 13823.5. The form should
include, but not be limited to, a place for a notation concerning
each of the following:
   (A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing reporting
procedures.
   (B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and elder
and dependent adult abuse and neglect, including the collection of
physical evidence, but that refusal is not a ground for denial of
treatment of injuries and disease, if the person wishes to obtain
treatment and consents thereto.
   (C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical history.

   (D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.
   (E) Collection of physical evidence of domestic violence or elder
or dependent adult abuse.
   (F) Collection of other medical and forensic specimens, as
indicated.
   (G) Procedures for the preservation and disposition of evidence.
   (H) Complete documentation of medical forensic exam findings.
   (2) Determine whether it is appropriate and forensically sound to
develop separate or joint forms for documentation of medical forensic
findings for victims of domestic violence and elder and dependent
adult abuse and neglect. 
   (3) 
    (c)  The forms shall become part of the patient's
medical record pursuant to guidelines established by the agency or
agencies designated by the California Emergency Management Agency
advisory committee and subject to the confidentiality laws pertaining
to release of medical forensic examination records. 
   (c) 
    (d)  The forms shall be made accessible for use on the
Internet.