Bill Text: CA AB3242 | 2019-2020 | Regular Session | Amended
Bill Title: Mental health: involuntary commitment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-09-25 - Chaptered by Secretary of State - Chapter 149, Statutes of 2020. [AB3242 Detail]
Download: California-2019-AB3242-Amended.html
Amended
IN
Assembly
May 04, 2020 |
Introduced by Assembly Member Irwin |
February 21, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Existing law also specifies that the act does not limit the right of a person to voluntarily apply, at any time, to a public or private agency or practitioner for mental health services, as specified.
This bill would make technical, nonsubstantive changes to these provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5113 of the Welfare and Institutions Code is amended to read:5113.
Except as provided in Sections 5150.6, 5154, 5173, 5259.3, 5267, and 5306, the facility providing treatment pursuant to Article 1 (commencing with Section 5150), Article 1.5 (commencing with Section 5170), Article 4 (commencing with Section 5250), Article 4.5 (commencing with SectionSEC. 2.
Section 5150.5 is added to the Welfare and Institutions Code, to read:5150.5.
(a) If a person described in subdivision (a) of Section 5150 is taken to a licensed general acute care hospital, as defined in subdivision (a) of Section 1250 of the Health and Safety Code, or a licensed acute psychiatric hospital, as defined in subdivision (b) of Section 1250 of the Health and Safety Code, that is not a county-designated facility pursuant to Section 5150, the county shall provide an individual designated by the county to perform the assessment described in Section 5150 within four hours of the hospital’s notice to the county.SEC. 3.
Section 5150.6 is added to the Welfare and Institutions Code, to read:5150.6.
Notwithstanding Section 5113, if the requirements of Section 5150 have been met, the peace officer, professional person in charge of the facility designated by the county for evaluation and treatment, member of the attending staff of that facility, designated members of a mobile crisis team, professional person designated by the county, a professional person who has completed the training described in Section 5150.5, or any of their designees, shall not be held civilly or criminally liable for detaining a person or for any action taken by a person released before the end of 72 hours pursuant to this article.SEC. 4.
If the Commission on State Mandates determines that this act contains 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.This part does not limit the right of a person to voluntarily apply, at any
time, to a public or private agency or practitioner for mental health services, either by direct application in person, or by referral from another public or private agency or practitioner.