Bill Text: CA SB1134 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Persons of unsound mind: psychotherapist duty to protect.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-07-17 - Chaptered by Secretary of State. Chapter 149, Statutes of 2012. [SB1134 Detail]

Download: California-2011-SB1134-Introduced.html

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BILL NUMBER: SB 1134	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 21, 2012

   An act to amend Section 43.92 of the Civil Code, relating to
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1134, as introduced, Yee. Persons of unsound mind:
psychotherapist duty to protect.
   Existing law provides that no monetary liability and no cause of
action arises against a psychotherapist, as defined, for failing to
warn and protect from a patient's threatened violent behavior except
if the patient has communicated to the psychotherapist a serious
threat of physical violence against a reasonably identifiable victim
or victims. Existing law also specifies that no monetary liability
and no cause of action shall arise against a psychotherapist who,
under those circumstances, discharges his or her duty to warn and
protect by making reasonable efforts to communicate the threat to the
victim or victims and to a law enforcement agency.
   This bill would revise these provisions by removing any duty to
warn and by providing that no monetary liability and no cause of
action will arise against a psychotherapist for failing to protect
from a patient's threatened violent behavior, except if the patient
has communicated to the therapist a serious threat of physical
violence against a reasonably identifiable victim or victims. In
those circumstances, this bill would provide that there will be no
monetary liability and no cause of action against the psychotherapist
if the psychotherapist discharges his or her duty to protect by
making reasonable efforts to communicate the threat to the intended
victim or victims and to a law enforcement agency.
   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 43.92 of the Civil Code is amended to read:
   43.92.  (a) There shall be no monetary liability on the part of,
and no cause of action shall arise against, any person who is a
psychotherapist as defined in Section 1010 of the Evidence Code in
failing to  warn of and  protect from a patient's
threatened violent behavior or failing to predict and  warn
of and  protect from a patient's violent behavior except
where the patient has communicated to the psychotherapist a serious
threat of physical violence against a reasonably identifiable victim
or victims.
   (b) There shall be no monetary liability on the part of, and no
cause of action shall arise against, a psychotherapist who, 
under the limited circumstances   where the patient has
communicated a serious threat of violence as  specified 
above   in subdivision (a) , discharges his or her
duty to  warn and  protect by making reasonable
efforts to communicate the threat to the victim or victims and to a
law enforcement agency.