Bill Text: CA AB1857 | 2015-2016 | Regular Session | Amended

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Bill Title: Criminal history information: medical facilities.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1857 Detail]

Download: California-2015-AB1857-Amended.html

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BILL NUMBER: AB 1857	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2016

INTRODUCED BY   Assembly Member Rodriguez

                        FEBRUARY 10, 2016

   An act to add Section 13306 to the Penal Code, relating to
criminal history information.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1857, as amended, Rodriguez. Criminal history information:
medical facilities.
   Existing law requires a local agency to furnish local summary
criminal history information to certain authorized agencies,
organizations, or individuals, when needed in the course of their
duties, and authorizes a local agency to furnish local summary
criminal history information to certain other authorized agencies,
organizations, or individuals, upon a showing of compelling need.
Existing law makes it a misdemeanor for any person authorized by law
to receive a record or information obtained from a record to
knowingly furnish the record or information to a person who is not
authorized by law to receive the record or information.
   This bill would require a peace officer to disclose to staff at
 a medical facility local summary criminal history
information of   an acute care hospital if  a
person  that   whom  the peace officer has
brought to the medical facility for treatment  if 
 has a violent criminal history as indicated by  the local
summary criminal history information  indicates 
that the person could be a danger to staff at the  medical
facility.   hospital.  By requiring local criminal
justice agencies to provide this information and by expanding the
scope of a crime, the bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 13306 is added to the Penal Code, immediately
following Section 13305, to read:
   13306.  (a)  (1)    Notwithstanding Section
13300, a peace officer shall disclose to  staff at a medical
facility local summary criminal history information of  
clinically licensed staff associat   ed with the care of
the patient at a licensed general acute care hospital, as defined in
subdivision (a) of subdivision 1250 of the Health and Safety Code, in
a timely manner and prior to leaving the licensed general acute care
hospital, if  a person  that   whom 
the peace officer has brought to the medical facility for treatment
 if   has a violent criminal history as
indicated by  the local summary criminal history information
 indicates  that the person could be a danger to
staff at the  medical facility.   licensed
general acute care hospital.  
   (2) Information may be provided verbally by a peace officer. 

   (3) Information is only required to the extent the peace officer
knows the identity of the person he or she has brought to the
licensed general acute care hospital. An officer will only be
considered to know the identity of the person he or she has brought
if the person has a form of government-issued identification. 

   (4) The information required pursuant to this subdivision shall
only be whether or not the individual has a violent criminal history,
and not the specific local summary criminal history information.

   (b) For the purposes of this section, a person shall only be
deemed a person  that   who  could be a
danger to staff at the  medical facility  
hospital  if his or her local summary criminal history
information includes convictions  within the past five years
 for violent offenses, including, but not limited to, homicide,
rape, mayhem, and assault.
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.