Bill Text: CA SB402 | 2023-2024 | Regular Session | Introduced

California Senate Bill 402

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

Bill Title: Involuntary commitment.

Spectrum: Bipartisan Bill

Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB402 Detail]

Download: California-2023-SB402-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 402

Introduced by Senator Wahab

February 09, 2023

An act to add Article 6.8 (commencing with Section 53128) to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, relating to emergency services.

LEGISLATIVE COUNSEL'S DIGEST

SB 402, as introduced, Wahab. Emergency services: limiting police response.

Existing law, the Warren-911-Emergency Assistance Act, requires every local public agency, as defined, to have an emergency communication system and requires the digits “911” to be the primary emergency telephone number within the system.

Existing law requires the future implementation of a statewide “988” telephone system for suicide prevention and mental health crises.

This bill would require 911 or other service center calls for service relating to mental health or homelessness, as specified, to be dispatched to fire district or department personnel, EMS personnel, mental health personnel, or nonsworn unarmed police personnel and not to police officers, except as otherwise provided.

By requiring a higher level of service for local governments, this 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, if the Commission on State Mandates determines that the bill contains costs 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 Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Article 6.8 (commencing with Section 53128) is added to Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code, to read:

Article 6.8. Limited Police Response to Noncriminal Calls for Service.

53128.

(a) Except as otherwise provided in subdivision (d), any call described in subdivision (b) that is received by a 911 center or other call center for the receiving and dispatching of emergency services such as police, fire, and EMS services shall not be dispatched to a police officer and shall instead be dispatched to a person described in subdivision (c), as appropriate.

(b) Subdivision (a) applies to both of the following types of requests:

(1) Any call related to homeless individuals, including, without limitation, illegal camping, panhandling, drug or alcohol use, public urination or defecation, disturbing the peace, or obstructing a sidewalk or entryway.

(2) Any call related to a person who appears to be experiencing mental health issues.

(1) Fire district or department personnel such as a firefighter or paramedic.

(2) Emergency medical personnel such as a paramedic or emergency medical technician.

(3) A counselor, therapist, or other mental health professional.

(4) Nonsworn and unarmed police personnel such as a community service officer.

(d) Subdivision (a) does not apply in any of the following circumstances:

(1) Any call in which the subject is armed with a weapon or described as, or known to be, aggressive, combative, or otherwise posing an unreasonable risk of harm to responding personnel.

(2) Any call in which a crime, other than crimes related to the subject’s homelessness or mental health such as those described in subdivision (b), has been alleged.

(3) Any request for police assistance by a person described in subdivision (c) that has responded to a call described in subdivision (b).

(4) Any call involving a medical emergency in which a police officer is trained and equipped to provide a medical first response and is able to provide that response faster than other personnel described in subdivision (c).

SEC. 2.

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.