Bill Text: CA SB731 | 2019-2020 | Regular Session | Amended
Bill Title: Peace Officers: certification: civil rights.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Engrossed - Dead) 2020-08-27 - Read second time. Ordered to third reading. [SB731 Detail]
Download: California-2019-SB731-Amended.html
Amended
IN
Assembly
July 13, 2020 |
Introduced by Senator Bradford |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law establishes a workers’ compensation system, administered by the administrative director of the Division of Workers’ Compensation, to compensate an employee for injuries sustained in the course of employment. Existing law requires a physician who prepares a report addressing the issue of permanent disability due to an industrial injury to address the cause of the permanent disability in the report, including what approximate percentage of the permanent disability was caused by other factors before and after the industrial injury, if the physician is able to make an apportionment determination.
This bill would prohibit consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetic characteristics to determine the approximate percentage of the permanent
disability caused by other factors. The bill would also express the Legislature’s intent to eliminate bias and discrimination in the workers’ compensation system.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known as the Kenneth Ross Jr. Police Decertification Act of 2020.SEC. 2.
Section 52.1 of the Civil Code is amended to read:52.1.
(a) This section shall be known, and may be cited, as the Tom Bane Civil Rights Act.SEC. 3.
Section 1029 of the Government Code is amended to read:1029.
(a) Except as provided in subdivision (b), (c), (d), orSEC. 4.
Section 830 of the Penal Code is amended to read:830.
Any person who comes within the provisions of thisSEC. 5.
Section 13503 of the Penal Code is amended to read:13503.
In carrying out its duties and responsibilities, the commission shall have all of the following powers:(f)
(g)
(h)The commission shall not have the authority to adopt or carry out a regulation that authorizes the withdrawal or revocation of a certificate previously issued to a peace officer pursuant to this chapter.
(i)Except as specifically provided by law, the commission shall not have the authority to cancel a certificate previously issued to a peace officer pursuant to this chapter.
SEC. 6.
Section 13506 of the Penal Code is amended to read:13506.
The commission may adopt those regulations as are necessary to carry out the purposes of this chapter.SEC. 7.
Section 13510 of the Penal Code is amended to read:13510.
(a) For the purpose of raising the level of competence of local law enforcement officers, the commission shall adopt, and may from time to time amend, rules establishing and upholding minimum standards relating to physical, mental, and moral fitness that shall govern the recruitment of any city police officers, peace officer members of a county sheriff’s office, marshals or deputy marshals, peace officer members of a county coroner’s office notwithstanding Section 13526, reserve officers, as defined in subdivision (a) of Section 830.6, police officers of a district authorized by statute to maintain a police department, peace officer members of a police department operated by a joint powers agency established by Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, regularly employed and paid inspectors and investigators of a district attorney’s office, as defined in Section 830.1, who conduct criminal investigations, peace officer members of a district, safety police officers and park rangers of the County of Los Angeles, as defined in subdivisions (a) and (b) of Section 830.31, or housing authority police departments.SEC. 8.
Section 13510.1 of the Penal Code is amended to read:13510.1.
(a) The commission shall establish a certification program for peace(e)
SEC. 9.
Section 13510.8 is added to the Penal Code, to read:13510.8.
(a) A certificate holder shall have their certificate revoked, and an applicant shall have their application for a certificate denied, upon a determination pursuant to subdivision (d) that the applicant or holder of a certificate has done any of the following:SEC. 10.
Section 13510.9 is added to the Penal Code, to read:13510.9.
(a) Any agency employing peace officers shall report to the commission within seven days, in a form specified by the commission, any of the following events:SEC. 11.
Section 13512 of the Penal Code is amended to read:13512.
(a) The commission shall make such inquiries as may be necessary to determine whether every city, county, city and county, and district receiving state aid pursuant to this chapter is adhering to the standards forSEC. 12.
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.It is the intent of the Legislature to eliminate bias and discrimination in the workers’ compensation system. This act will ensure that risk factors and characteristics of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetics are not used to deny an injured worker a full disability benefit.
(a)Apportionment of permanent disability shall be based on causation.
(b)A physician who prepares a report addressing the issue of permanent disability due to a claimed industrial injury shall address in that report the issue of causation of the permanent disability.
(c)(1)In order for a physician’s report to be considered complete on the issue of permanent disability, the report must include an apportionment determination. A physician shall make an apportionment
determination by finding what approximate percentage of the permanent disability was caused by the direct result of injury arising out of and occurring in the course of employment and what approximate percentage of the permanent disability was caused by other factors both before and after the industrial injury, including prior industrial injuries. The approximate percentage of the permanent disability caused by other factors shall not include consideration of race, religious creed, color, national origin, age, gender, marital status, sex, sexual identity, sexual orientation, or genetic characteristics.
(2)If the physician is unable to include an apportionment determination in the report, the physician shall state the specific reasons why the physician could not make a determination of the effect of that prior condition on the permanent disability arising from the injury. The physician shall then consult with other physicians or refer the employee to another physician from whom the employee is authorized to seek treatment or evaluation in accordance with this division in order to make the final determination.
(d)An employee who claims an industrial injury shall, upon request, disclose all previous permanent disabilities or physical impairments.
(e)Subdivisions (a), (b), and (c) do not apply to injuries or illnesses covered under Sections 3212, 3212.1, 3212.2, 3212.3, 3212.4, 3212.5, 3212.6, 3212.7, 3212.8, 3212.85, 3212.9, 3212.10, 3212.11, 3212.12, 3213, and 3213.2.