Bill Text: CA AB1967 | 2015-2016 | Regular Session | Introduced

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Bill Title: Local planning: prohibition: mental health facility.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1967 Detail]

Download: California-2015-AB1967-Introduced.html

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BILL NUMBER: AB 1967	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beth Gaines

                        FEBRUARY 12, 2016

   An act to add Section 65863.14 to the Government Code, relating to
zoning ordinances.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1967, as introduced, Beth Gaines. Local planning: prohibition:
mental health facility.
   The Planning and Zoning Law, among other things, requires the
legislative body of each county and city to adopt a general plan for
the physical development of the county or city and authorizes the
adoption and administration of zoning laws, ordinances, rules, and
regulations by counties and cities.
   Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary commitment and treatment of persons with specified mental
disorders for the protection of the persons so committed. Under the
act, when a person, as a result of mental health disorder, is a
danger to others, or to himself or herself, or gravely disabled, he
or she may, upon probable cause, be taken into custody by a peace
officer, member of the attending staff of an evaluation facility,
designated members of a mobile crisis team, or other designated
professional person, and placed in a facility designated by the
county and approved by the State Department of Social Services as a
facility for 72-hour treatment and evaluation.
   This bill, on and after January 1, 2017, would prohibit the
legislative body of a city, county, or city and county from adopting
an ordinance for the construction or operation of a health facility,
as defined, within 2000 feet of a school or childcare facility, as
described, if that facility is designated to accept patients taken
into custody for 72-hour treatment and evaluation pursuant to the
above-described involuntary commitment 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 65863.14 is added to the Government Code, to
read:
   65863.14.  On and after January 1, 2017, the legislative body of a
city, county, or city and county shall not adopt an ordinance for
the construction or operation of a health facility, as defined in
subdivision (b) of Section 1250 of the Health and Safety Code, within
2000 feet of a school or day care center licensed pursuant to
Chapter 3.4 (commencing with Section 1596.70), Chapter 3.5
(commencing with Section 1596.90), or Chapter 3.6 (commencing with
Section 1597.30) of Division 2 of the Health and Safety Code if that
facility is designated to accept patients taken into custody pursuant
to Section 5150 of the Welfare and Institutions Code.