AB 1028: Reporting of crimes: mandated reporters.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2023-06-28
Current Status:
Failed
(2023-09-01: In committee: Held under submission.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill stops requiring health practitioners to automatically call police when they suspect an adult has been hurt by domestic or sexual violence and instead requires them to provide brief counseling, education or support and offer a “warm handoff” (a direct connection to a survivor advocate) or a referral to local or national advocacy services. It keeps mandatory police reporting for gunshot wounds, child abuse, and elder or dependent adult abuse, lets patients ask practitioners to report if they want, requires safe medical documentation, and shields clinicians from civil or criminal liability for good‑faith actions under the law.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is inflicted by the persons own act or inflicted by another where the injury is by means of a firearm, or caused by assaultive or abusive conduct, including elder abuse, sexual assault, or torture. A violation of these provisions is punishable as a misdemeanor.
This bill would, on and after January 1, 2025, remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct, and instead only require that report if the health practitioner suspects a patient has suffered a wound or physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm, a wound or physical injury resulting from child abuse, or a wound or physical injury resulting from elder abuse.
The bill would, on and after January 1, 2025, instead require a health practitioner who suspects that a patient has suffered physical injury that is caused by domestic violence, as defined, to, among other things, provide brief counseling, education, or other support, and a warm handoff, as defined, or referral to local and national domestic violence or sexual violence advocacy services, as specified. The bill would, on and after January 1, 2025, specify that a health practitioner is not civilly or criminally liable for any report that is made in good faith and in compliance with these provisions.
This bill would make other conforming changes.
Because a violation of these requirements would be a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is either self-inflicted, caused by a firearm, inflicted by the persons own act or inflicted by another where the injury is by means of a firearm, or caused by assaultive or abusive conduct, including elder abuse, sexual assault, or torture. A violation of these provisions is punishable as a misdemeanor.
This bill would, on and after January 1, 2025, remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct. conduct, and instead only require that report if the health practitioner suspects a patient has suffered a wound or physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm, a wound or physical injury resulting from child abuse, or a wound or physical injury resulting from elder abuse.
The bill would, on and after January 1, 2025, instead require a health practitioner who suspects that a patient has suffered physical injury that is caused by domestic violence, as defined, to to, among other things, provide brief counseling, education, or other support, and a warm handoff, as defined, or referral to local and national domestic violence or sexual violence advocacy services, as specified. The bill would, on and after January 1, 2025, specify that a health practitioner is not civilly or criminally liable for any report that is made in good faith and in compliance with these provisions.
This bill would make other conforming changes.
Because a violation of these requirements would be a crime, 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 no reimbursement is required by this act for a specified reason.
Existing law requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is either self-inflicted, caused by a firearm, or caused by assaultive or abusive conduct, including elder abuse, sexual assault, or torture. A violation of these provisions is punishable as a misdemeanor.
This bill would, on and after January 1, 2025, remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct.
The bill would, on and after January 1, 2025, instead require a health practitioner who suspects that a patient has suffered physical injury that is caused by domestic violence, as defined, to provide brief counseling, education, or other support, and a warm handoff, as defined, or referral to local and national domestic violence or sexual violence advocacy services, as specified. The bill would, on and after January 1, 2025, specify that a health practitioner is not civilly or criminally liable for any report that is made in good faith and in compliance with these provisions.
This bill would make other conforming changes.
Because a violation of these requirements would be a crime, 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 no reimbursement is required by this act for a specified reason.
The Legislature finds and declares all of the following:
(a)Recognizing that abuse survivors often need to access health care and medical treatment apart from police reporting and criminal legal involvement, this bill replaces mandated police reporting by medical professionals with offering connection to survivor services.
(b)Health care providers play a critical role in prevention, identification, and response to violence. However, current law requiring health professionals in California to file reports to law enforcement when treating patients for all suspected violence-related injuries can have a chilling effect of preventing domestic and sexual violence survivors from seeking medical care, decreasing patient autonomy and trust, and resulting in health providers being reluctant to address domestic and sexual violence with their patients.
(c)Studies have shown that medical mandatory reporting of adult domestic and sexual violence may increase patient danger and insecurity, whereas being able to openly discuss abuse without fear of police reporting can produce greater health and safety outcomes.
(d)Because of the complexity of interpersonal violence and impact of social inequities on safety, people who have experienced violence should be provided survivor-centered support and health care that results in better outcomes for patient safety. Doing so can improve the health and safety of patients already in care, decrease potential barriers to care, and promote trust between survivors and health providers.
(e)Nothing in this act limits or overrides This act does not limit or override the ability of a health practitioner to make reports permitted by subdivisions (c) or (j) of Section 164.512 of Title 45 of the Code of Federal Regulations, or at the patients request. Providers must still follow reporting requirements for child abuse, pursuant to Section 11165 of the Penal Code, and elder and vulnerable adult abuse, pursuant to Section 15600 of the Welfare and Institutions Code. It is the intent of the Legislature to promote partnership between health facilities and domestic and sexual violence advocacy organizations, legal aid, county forensic response teams, family justice centers, and other community-based organizations that address social determinants of health in order to better ensure the safety and wellness of their patients and provide training for health practitioners. California has made strides to enhance health practitioners capacity to address and prevent violence and trauma, including education for practitioners on how to assess for and document abuse as referenced in subdivision (h) of Section 2191 of, Section 2196.5 of, and Section 2091.2 of, the Business and Professions Code, Section 13823.93 of the Penal Code, and Section 1259.5 of the Health and Safety Code.
SEC. 2.Section 11160 of the Penal Code is amended to read:11160.(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):
(1)A person suffering from a wound or other physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm.
(2)A person suffering from a wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4), and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons injuries.
(D)The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.
(c)For the purposes of this section, injury does not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct includes any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261 or former Section 262.
(15)Procuring a person to have sex with another person, in violation of Section 266, 266a, 266b, or 266c.
(16)Child abuse or endangerment, in violation of Section 273a or 273d.
(17)Abuse of spouse or cohabitant, in violation of Section 273.5.
(18)Sodomy, in violation of Section 286.
(19)Lewd and lascivious acts with a child, in violation of Section 288.
(20)Oral copulation, in violation of Section 287 or former Section 288a.
(21)Sexual penetration, in violation of Section 289.
(22)Elder abuse, in violation of Section 368.
(23)An attempt to commit any crime specified in paragraphs (1) to (22), inclusive.
(e)When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require an employee required to make a report under this article to disclose the employees identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
(j)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 11160 is added to the Penal Code, to read:11160.(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person suffering from any of the following shall immediately make a report in accordance with subdivision (b):
(1)A wound or other physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm.
(2)A wound or other physical injury resulting from child abuse, pursuant to Section 11165.6.
(3)A wound or other physical injury resulting from abuse of an elder or dependent adult, pursuant to Section 15610.07 of the Welfare and Institutions Code.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4), and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be maintained in the medical record and sent to a local law enforcement agency within two working days of the patient receiving treatment.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound or other injury has expired, regardless of whether or not the wound or other injury was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound or other injury was discovered during an autopsy.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons injuries.
(D)The identity of any person the injured person alleges inflicted the wound or other injury upon the injured person.
(c)If an adult seeking care for injuries related to domestic, sexual, or any nonaccidental violent injury, requests a report be sent to law enforcement, health practitioners shall adhere to the reporting process outlined in paragraph (3) of subdivision (b). The medical documentation of injuries related to domestic, sexual, or any nonaccidental violent injury shall be conducted and made available to the patient for use as outlined in the Health Insurance Portability and Accountability Act.
(d)For the purposes of this section, injury does not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(e)When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require an employee required to make a report under this article to disclose the employees identity to the employer.
(h)(1)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services to a patient whom the health practitioner knows or reasonably suspects is experiencing any form of domestic violence, as set forth in Section 124250 of the Health and Safety Code, or sexual violence, as set forth in Sections 243.4 and 261, shall, to the degree that it is medically possible for the individual patient, provide brief counseling, education, or other support, and offer a warm handoff or referral to local and national domestic violence or sexual violence advocacy services, as described in Sections 1035.2 and 1037.1 of the Evidence Code, before the end of the patient visit. The health practitioner shall have met the requirements of this subdivision when the brief counseling, education, or other support is provided and warm handoff or referral is offered by a member of the health care team at the health facility.
(2)If the health practitioner is providing medical services to the patient in the emergency department of a general acute care hospital, they shall also offer assistance to the patient in accessing a forensic evidentiary exam or reporting to law enforcement, if the patient wants to pursue these options.
(i)A health practitioner may offer a warm handoff and referral to other available victim services, including, but not limited to, legal aid, community-based organizations, behavioral health, crime victim compensation, forensic evidentiary exams, trauma recovery centers, family justice centers, and law enforcement to patients who are suspected to have suffered any nonaccidental injury.
(j)To the extent possible, health practitioners shall document all nonaccidental violent injuries and incidents of abuse in the medical record. Health practitioners shall follow privacy and confidentiality protocols when documenting violence and abuse to promote the safety of the patient. If documenting abuse in the medical record increases danger for the patient, it may be marked confidential.
(k)This section does not limit or override the ability of a health care practitioner to make reports to law enforcement at the patients request, or as permitted by the federal Health Insurance Portability and Accountability Act of 1996 in Section 164.512(c) of Title 45 of the Code of Federal Regulations, which permits disclosures about victims of abuse, neglect, or domestic violence, if the individual agrees, or pursuant to Section 164.512(j) of Title 45 of the Code of Federal Regulations, which permits disclosures to prevent or limit a serious and imminent threat to a person or the public.
(l)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(m)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
(n)For purposes of this section, the following terms have the following meanings:
(1)Warm handoff may include, but is not limited to, the health practitioner establishing direct and live connection through a call with a survivor advocate, in-person onsite survivor advocate, in-person on-call survivor advocate, or some other form of teleadvocacy. When a telephone call is not possible, the warm handoff may be completed through an email. The patient may decline the warm handoff.
(2)Referral may include, but is not limited to, the health practitioner sharing information about how a patient can get in touch with a local or national survivor advocacy organization, information about how the survivor advocacy organization could be helpful for the patient, what the patient could expect when contacting the survivor advocacy organization, or the survivor advocacy organizations contact information.
(o)A health practitioner shall not be civilly or criminally liable for acting in compliance with this section and for any report that is made in good faith and in compliance with this section and all other applicable state and federal laws.
(p)This section shall become operative on January 1, 2025.
SEC. 4.Section 11161 of the Penal Code is amended to read:11161.Notwithstanding Section 11160, the following shall apply to every physician and surgeon who has under their charge or care any person described in subdivision (a) of Section 11160:
(a)The physician and surgeon shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency.
(b)It is recommended that any medical records of a person about whom the physician and surgeon is required to report pursuant to subdivision (a) include the following:
(1)Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound, other physical injury, or assaultive or abusive conduct upon the person.
(2)A map of the injured persons body showing and identifying injuries and bruises at the time of the health care.
(3)A copy of the law enforcement reporting form.
(c)It is recommended that the physician and surgeon refer the person to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 5.Section 11161 is added to the Penal Code, to read:11161.Notwithstanding Section 11160, the following shall apply to every health practitioner who has under their charge or care any person described in subdivision (a) of Section 11160:
(a)The health practitioner or member of the care team shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency.
(b)It is recommended that any medical records of a person about whom the health practitioner or member of the care team is required to report pursuant to subdivision (a) include the following:
(1)Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound or other physical injury upon the person.
(2)A map of the injured persons body showing and identifying injuries and bruises at the time of the health care.
(3)A copy of the law enforcement reporting form.
(c)The health practitioner or member of the care team shall offer a referral to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700.
(d)This section shall become operative on January 1, 2025.
SEC. 6.Section 11163.2 of the Penal Code is amended to read:11163.2.(a)In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist privilege applies to the information required to be reported pursuant to this article.
(b)The reports required by this article shall be kept confidential by the health facility, clinic, or physicians office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound, other injury, or assaultive or abusive conduct upon the injured person or their attorney be allowed access to the injured persons whereabouts. Nothing in this subdivision is intended to conflict with Section 1054.1 or 1054.2.
(c)For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174.
(d)The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7.Section 11163.2 is added to the Penal Code, to read:11163.2.(a)In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist-patient privilege applies to the information required to be reported pursuant to this article.
(b)The reports required by this article shall be kept confidential by the health facility, clinic, or physicians office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound or other injury upon the injured person, or the attorney of the suspect or accused, be allowed access to the injured persons whereabouts. Nothing in this subdivision is intended to conflict with Section 1054.1 or 1054.2.
(c)For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174.
(d)The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee.
(e)This section shall become operative on January 1, 2025.
SEC. 8.Section 11163.3 of the Penal Code is amended to read:11163.3.(a)A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. Interagency domestic violence death review teams have been used successfully to ensure that incidents of domestic violence and abuse are recognized and that agency involvement is reviewed to develop recommendations for policies and protocols for community prevention and intervention initiatives to reduce and eradicate the incidence of domestic violence.
(b)(1)For purposes of this section, abuse has the meaning set forth in Section 6203 of the Family Code and domestic violence has the meaning set forth in Section 6211 of the Family Code.
(2)For purposes of this section, near death means the victim suffered a life-threatening injury, as determined by a licensed physician or licensed nurse, as a result of domestic violence.
(c)A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death.
(d)County domestic violence death review teams shall be comprised of, but not limited to, the following:
(1)Experts in the field of forensic pathology.
(2)Medical personnel with expertise in domestic violence abuse.
(3)Coroners and medical examiners.
(4)Criminologists.
(5)District attorneys and city attorneys.
(6)Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.
(7)Law enforcement personnel.
(8)Representatives of local agencies that are involved with domestic violence abuse reporting.
(9)County health department staff who deal with domestic violence victims health issues.
(10)Representatives of local child abuse agencies.
(11)Local professional associations of persons described in paragraphs (1) to (10), inclusive.
(e)An oral or written communication or a document shared within or produced by a domestic violence death review team related to a domestic violence death review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic violence death review team, or between a third party and a domestic violence death review team, is confidential and not subject to disclosure or discoverable by a third party. This includes a statement provided by a survivor in a near-death case review. Notwithstanding the foregoing, recommendations of a domestic violence death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the domestic violence death review team.
(f)Each organization represented on a domestic violence death review team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. This provision shall permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other statute.
(g)Written and oral information may be disclosed to a domestic violence death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1)An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2)The following information may be disclosed pursuant to this subdivision:
(A)Notwithstanding Section 56.10 of the Civil Code, medical information.
(B)Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C)Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(D)Notwithstanding Section 11167.5 of the Penal Code, information from child abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(E)State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300 of the Penal Code.
(F)Notwithstanding Section 11163.2 of the Penal Code, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct, and information relating to whether a physician referred the person to local domestic violence services as recommended by Section 11161 of the Penal Code.
(G)Notwithstanding Section 827 of the Welfare and Institutions Code, information in any juvenile court proceeding.
(H)Information maintained by the Family Court, including information relating to the Family Conciliation Court Law pursuant to Section 1818 of the Family Code, and Mediation of Custody and Visitation Issues pursuant to Section 3177 of the Family Code.
(I)Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10 of the Penal Code, as well as the information on which these reports are based.
(J)Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3)The disclosure of written and oral information authorized under this subdivision shall apply notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, or the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and the human trafficking caseworker-victim privilege protected by Article 8.8 (commencing with Section 1038) of Chapter 4 of Division 8 of the Evidence Code.
(4)In near-death cases, representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individuals informed consent in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. In death review cases, representatives of domestic violence victim service organizations shall only provide client-specific information in accordance with both state and federal confidentiality requirements.
(5)Near-death case reviews shall only occur after any prosecution has concluded.
(6)Near-death survivors shall not be compelled to participate in death review team investigations; their participation is voluntary. In cases of death, the victims family members may be invited to participate, however they shall not be compelled to do so; their participation is voluntary. Members of the death review teams shall be prepared to provide referrals for services to address the unmet needs of survivors and their families when appropriate.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.Section 11163.3 is added to the Penal Code, to read:11163.3.(a)A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. Interagency domestic violence death review teams have been used successfully to ensure that incidents of domestic violence and abuse are recognized and that agency involvement is reviewed to develop recommendations for policies and protocols for community prevention and intervention initiatives to reduce and eradicate the incidence of domestic violence.
(b)(1)For purposes of this section, abuse has the meaning set forth in Section 6203 of the Family Code and domestic violence has the meaning set forth in Section 6211 of the Family Code.
(2)For purposes of this section, near death means the victim suffered a life-threatening injury, as determined by a licensed physician or licensed nurse, as a result of domestic violence.
(c)A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death.
(d)County domestic violence death review teams shall be comprised of, but not limited to, the following:
(1)Experts in the field of forensic pathology.
(2)Medical personnel with expertise in domestic violence abuse.
(3)Coroners and medical examiners.
(4)Criminologists.
(5)District attorneys and city attorneys.
(6)Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.
(7)Law enforcement personnel.
(8)Representatives of local agencies that are involved with domestic violence abuse reporting.
(9)County health department staff who deal with domestic violence victims health issues.
(10)Representatives of local child abuse agencies.
(11)Local professional associations of persons described in paragraphs (1) to (10), inclusive.
(e)An oral or written communication or a document shared within or produced by a domestic violence death review team related to a domestic violence death review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic violence death review team, or between a third party and a domestic violence death review team, is confidential and not subject to disclosure or discoverable by a third party. This includes a statement provided by a survivor in a near-death case review. Notwithstanding the foregoing, recommendations of a domestic violence death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the domestic violence death review team.
(f)Each organization represented on a domestic violence death review team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. This provision shall permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other statute.
(g)Written and oral information may be disclosed to a domestic violence death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1)An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2)The following information may be disclosed pursuant to this subdivision:
(A)Notwithstanding Section 56.10 of the Civil Code, medical information.
(B)Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C)Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(D)Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(E)State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300.
(F)Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or abuse, if reported, and information relating to whether a physician referred the person to local domestic violence services, as recommended by Section 11161.
(G)Notwithstanding Section 827 of the Welfare and Institutions Code, information in any juvenile court proceeding.
(H)Information maintained by the Family Court, including information relating to the Family Conciliation Court Law pursuant to Section 1818 of the Family Code, and Mediation of Custody and Visitation Issues pursuant to Section 3177 of the Family Code.
(I)Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10, as well as the information on which these reports are based.
(J)Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3)The disclosure of written and oral information authorized under this subdivision shall apply notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, or the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and the human trafficking caseworker-victim privilege protected by Article 8.8 (commencing with Section 1038) of Chapter 4 of Division 8 of the Evidence Code.
(4)In near-death cases, representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individuals informed consent in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. In death review cases, representatives of domestic violence victim service organizations shall only provide client-specific information in accordance with both state and federal confidentiality requirements.
(5)Near-death case reviews shall only occur after any prosecution has concluded.
(6)Near-death survivors shall not be compelled to participate in death review team investigations; their participation is voluntary. In cases of death, the victims family members may be invited to participate, however they shall not be compelled to do so; their participation is voluntary. Members of the death review teams shall be prepared to provide referrals for services to address the unmet needs of survivors and their families when appropriate.
(h)This section shall become operative on January 1, 2025.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Recognizing that abuse survivors often need to access health care and medical treatment apart from police reporting and criminal legal involvement, this bill replaces mandated police reporting by medical professionals with offering connection to survivor services.
(b)Health care providers play a critical role in prevention, identification, and response to violence. However, current law requiring health professionals in California to file reports to law enforcement when treating patients for all suspected violence-related injuries can have a chilling effect of preventing domestic and sexual violence survivors from seeking medical care, decreasing patient autonomy and trust, and resulting in health providers being reluctant to address domestic and sexual violence with their patients.
(c)Studies have shown that medical mandatory reporting of adult domestic and sexual violence may increase patient danger and insecurity, whereas being able to openly discuss abuse without fear of police reporting can produce greater health and safety outcomes.
(d)Because of the complexity of interpersonal violence and impact of social inequities on safety, people who have experienced violence should be provided survivor-centered support and health care that results in better outcomes for patient safety. Doing so can improve the health and safety of patients already in care, decrease potential barriers to care, and promote trust between survivors and health providers.
(e)Nothing in this act limits or overrides the ability of a health practitioner to make reports permitted by subdivisions (c) or (j) of Section 164.512 of Title 45 of the Code of Federal Regulations, or at the patients request. Providers must still follow reporting requirements for child abuse, pursuant to Section 11165 of the Penal Code, and elder and vulnerable adult abuse, pursuant to Section 15600 of the Welfare and Institutions Code. It is the intent of the Legislature to promote partnership between health facilities and domestic and sexual violence advocacy organizations, legal aid, county forensic response teams, family justice centers, and other community-based organizations that address social determinants of health in order to better ensure the safety and wellness of their patients and provide training for health practitioners. Health practitioners may refer to their respective health facility policies developed pursuant to Section 1259.5 of the Health and Safety Code for guidance on identifying abuse, documentation of abuse, and health practitioner training on abuse. California has made strides to enhance health practitioners capacity to address and prevent violence and trauma, including education for practitioners on how to assess for and document abuse as referenced in subdivision (h) of Section 2191 of, Section 2196.5 of, and Section 2091.2 of, the Business and Professions Code, Section 13823.93 of the Penal Code, and Section 1259.5 of the Health and Safety Code.
SEC. 2.Section 11160 of the Penal Code is amended to read:11160.(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):
(1)A person suffering from a wound or other physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm.
(2)A person suffering from a wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4), and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons injuries.
(D)The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.
(c)For the purposes of this section, injury does not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct includes any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261 or former Section 262.
(15)Procuring a person to have sex with another person, in violation of Section 266, 266a, 266b, or 266c.
(16)Child abuse or endangerment, in violation of Section 273a or 273d.
(17)Abuse of spouse or cohabitant, in violation of Section 273.5.
(18)Sodomy, in violation of Section 286.
(19)Lewd and lascivious acts with a child, in violation of Section 288.
(20)Oral copulation, in violation of Section 287 or former Section 288a.
(21)Sexual penetration, in violation of Section 289.
(22)Elder abuse, in violation of Section 368.
(23)An attempt to commit any crime specified in paragraphs (1) to (22), inclusive.
(e)When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require an employee required to make a report under this article to disclose the employees identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
(j)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 11160 is added to the Penal Code, to read:11160.(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person suffering from a wound or other physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm shall immediately make a report in accordance with subdivision (b). from any of the following shall immediately make a report in accordance with subdivision (b):
(1)A wound or other physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm.
(2)A wound or other physical injury resulting from child abuse, pursuant to Section 11165.6.
(3)A wound or other physical injury resulting from abuse of an elder or dependent adult, pursuant to Section 15610.07 of the Welfare and Institutions Code.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4), and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be maintained in the medical record and sent to a local law enforcement agency within two working days of receiving the information regarding the person. the patient receiving treatment.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound or other injury has expired, regardless of whether or not the wound or other injury was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound or other injury was discovered during an autopsy.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons injuries.
(D)The identity of any person the injured person alleges inflicted the wound or other injury upon the injured person.
(c)If an adult seeking care for injuries related to domestic, sexual, or any nonaccidental violent injury, requests a report be sent to law enforcement, health practitioners shall adhere to the reporting process outlined in paragraph (3) of subdivision (b). The medical documentation of injuries related to domestic, sexual, or any nonaccidental violent injury shall be conducted and made available to the patient for use as outlined in the Health Insurance Portability and Accountability Act.
(c)(d)For the purposes of this section, injury does not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)(e)When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(e)(f)The reporting duties under this section are individual, except as provided in subdivision (d). (e).
(f)(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require an employee required to make a report under this article to disclose the employees identity to the employer.
(g)(h)(1)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services to a patient whom the health practitioner knows or reasonably suspects is experiencing any form of domestic violence, as set forth in Section 124250 of the Health and Safety Code, or sexual violence, as set forth in Sections 243.4 and 261, shall, to the degree that it is medically possible for the individual patient, provide brief counseling, education, or other support, and offer a warm handoff or referral to local and national domestic violence or sexual violence advocacy services, as described in Sections 1035.2 and 1037.1 of the Evidence Code, before the end of the patient visit. The health practitioner shall have met the requirements of this subdivision when the brief counseling, education, or other support is provided and warm handoff or referral is offered by a member of the health care team at the health facility.
(2)If the health practitioner is providing medical services to the patient in the emergency department of a general acute care hospital, they shall also offer assistance to the patient in accessing a forensic evidentiary exam or reporting to law enforcement, if the patient wants to pursue these options.
(h)(i)A health practitioner may offer a warm handoff and referral to other available victim services, including, but not limited to, legal aid, community-based organizations, behavioral health, crime victim compensation, forensic evidentiary exams, trauma recovery centers, family justice centers, and law enforcement to patients who are suspected to have suffered any nonaccidental injury.
(i)Nothing in this section limits or overrides the ability of a health practitioner to alert law enforcement to an imminent and serious threat to health or safety of an individual or the public, pursuant to the privacy rules of the federal Health Insurance Portability and Accountability Act of 1996 in subdivisions (c) and (j) of Section 164.512 of Title 45 of the Code of Federal Regulations, or at the patients request.(j)To the extent possible, health practitioners shall document all nonaccidental violent injuries and incidents of abuse in the medical record. Health practitioners shall follow privacy and confidentiality protocols when documenting violence and abuse to promote the safety of the patient. If documenting abuse in the medical record increases danger for the patient, it may be marked confidential.
(k)This section does not limit or override the ability of a health care practitioner to make reports to law enforcement at the patients request, or as permitted by the federal Health Insurance Portability and Accountability Act of 1996 in Section 164.512(c) of Title 45 of the Code of Federal Regulations, which permits disclosures about victims of abuse, neglect, or domestic violence, if the individual agrees, or pursuant to Section 164.512(j) of Title 45 of the Code of Federal Regulations, which permits disclosures to prevent or limit a serious and imminent threat to a person or the public.
(j)(l)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(k)(m)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
(l)(n)For purposes of this section, the following terms have the following meanings:
(1)Warm handoff may include, but is not limited to, the health practitioner establishing direct and live connection through a call with a survivor advocate, in-person onsite survivor advocate, in-person on-call survivor advocate, or some other form of teleadvocacy. When a telephone call is not possible, the warm handoff may be completed through an email. The patient may decline the warm handoff.
(2)Referral may include, but is not limited to, the health practitioner sharing information about how a patient can get in touch with a local or national survivor advocacy organization, information about how the survivor advocacy organization could be helpful for the patient, what the patient could expect when contacting the survivor advocacy organization, or the survivor advocacy organizations contact information.
(m)(o)A health practitioner shall not be civilly or criminally liable for acting in compliance with this section and for any report that is made in good faith and in compliance with this section and all other applicable state and federal laws.
(n)(p)This section shall become operative on January 1, 2025.
SEC. 4.Section 11161 of the Penal Code is amended to read:11161.Notwithstanding Section 11160, the following shall apply to every physician and surgeon who has under their charge or care any person described in subdivision (a) of Section 11160:
(a)The physician and surgeon shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency.
(b)It is recommended that any medical records of a person about whom the physician and surgeon is required to report pursuant to subdivision (a) include the following:
(1)Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound, other physical injury, or assaultive or abusive conduct upon the person.
(2)A map of the injured persons body showing and identifying injuries and bruises at the time of the health care.
(3)A copy of the law enforcement reporting form.
(c)It is recommended that the physician and surgeon refer the person to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 5.Section 11161 is added to the Penal Code, to read:11161.Notwithstanding Section 11160, the following shall apply to every physician and surgeon health practitioner who has under their charge or care any person described in subdivision (a) of Section 11160:
(a)The physician and surgeon health practitioner or member of the care team shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency.
(b)It is recommended that any medical records of a person about whom the physician and surgeon health practitioner or member of the care team is required to report pursuant to subdivision (a) include the following:
(1)Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound or other physical injury upon the person.
(2)A map of the injured persons body showing and identifying injuries and bruises at the time of the health care.
(3)A copy of the law enforcement reporting form.
(c)The physician and surgeon health practitioner or member of the care team shall offer a referral to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700.
(d)This section shall become operative on January 1, 2025.
SEC. 6.Section 11163.2 of the Penal Code is amended to read:11163.2.(a)In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist privilege applies to the information required to be reported pursuant to this article.
(b)The reports required by this article shall be kept confidential by the health facility, clinic, or physicians office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound, other injury, or assaultive or abusive conduct upon the injured person or their attorney be allowed access to the injured persons whereabouts. Nothing in this subdivision is intended to conflict with Section 1054.1 or 1054.2.
(c)For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174.
(d)The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7.Section 11163.2 is added to the Penal Code, to read:11163.2.(a)In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist-patient privilege applies to the information required to be reported pursuant to this article.
(b)The reports required by this article shall be kept confidential by the health facility, clinic, or physicians office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound or other injury upon the injured person, or the attorney of the suspect or accused, be allowed access to the injured persons whereabouts. Nothing in this subdivision is intended to conflict with Section 1054.1 or 1054.2.
(c)For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174.
(d)The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee.
(e)This section shall become operative on January 1, 2025.
SEC. 8.Section 11163.3 of the Penal Code is amended to read:11163.3.(a)A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. Interagency domestic violence death review teams have been used successfully to ensure that incidents of domestic violence and abuse are recognized and that agency involvement is reviewed to develop recommendations for policies and protocols for community prevention and intervention initiatives to reduce and eradicate the incidence of domestic violence.
(b)(1)For purposes of this section, abuse has the meaning set forth in Section 6203 of the Family Code and domestic violence has the meaning set forth in Section 6211 of the Family Code.
(2)For purposes of this section, near death means the victim suffered a life-threatening injury, as determined by a licensed physician or licensed nurse, as a result of domestic violence.
(c)A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death.
(d)County domestic violence death review teams shall be comprised of, but not limited to, the following:
(1)Experts in the field of forensic pathology.
(2)Medical personnel with expertise in domestic violence abuse.
(3)Coroners and medical examiners.
(4)Criminologists.
(5)District attorneys and city attorneys.
(6)Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.
(7)Law enforcement personnel.
(8)Representatives of local agencies that are involved with domestic violence abuse reporting.
(9)County health department staff who deal with domestic violence victims health issues.
(10)Representatives of local child abuse agencies.
(11)Local professional associations of persons described in paragraphs (1) to (10), inclusive.
(e)An oral or written communication or a document shared within or produced by a domestic violence death review team related to a domestic violence death review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic violence death review team, or between a third party and a domestic violence death review team, is confidential and not subject to disclosure or discoverable by a third party. This includes a statement provided by a survivor in a near-death case review. Notwithstanding the foregoing, recommendations of a domestic violence death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the domestic violence death review team.
(f)Each organization represented on a domestic violence death review team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. This provision shall permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other statute.
(g)Written and oral information may be disclosed to a domestic violence death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1)An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2)The following information may be disclosed pursuant to this subdivision:
(A)Notwithstanding Section 56.10 of the Civil Code, medical information.
(B)Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C)Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(D)Notwithstanding Section 11167.5 of the Penal Code, information from child abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(E)State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300 of the Penal Code.
(F)Notwithstanding Section 11163.2 of the Penal Code, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct, and information relating to whether a physician referred the person to local domestic violence services as recommended by Section 11161 of the Penal Code.
(G)Notwithstanding Section 827 of the Welfare and Institutions Code, information in any juvenile court proceeding.
(H)Information maintained by the Family Court, including information relating to the Family Conciliation Court Law pursuant to Section 1818 of the Family Code, and Mediation of Custody and Visitation Issues pursuant to Section 3177 of the Family Code.
(I)Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10 of the Penal Code, as well as the information on which these reports are based.
(J)Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3)The disclosure of written and oral information authorized under this subdivision shall apply notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, or the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and the human trafficking caseworker-victim privilege protected by Article 8.8 (commencing with Section 1038) of Chapter 4 of Division 8 of the Evidence Code.
(4)In near-death cases, representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individuals informed consent in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. In death review cases, representatives of domestic violence victim service organizations shall only provide client-specific information in accordance with both state and federal confidentiality requirements.
(5)Near-death case reviews shall only occur after any prosecution has concluded.
(6)Near-death survivors shall not be compelled to participate in death review team investigations; their participation is voluntary. In cases of death, the victims family members may be invited to participate, however they shall not be compelled to do so; their participation is voluntary. Members of the death review teams shall be prepared to provide referrals for services to address the unmet needs of survivors and their families when appropriate.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.Section 11163.3 is added to the Penal Code, to read:11163.3.(a)A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. Interagency domestic violence death review teams have been used successfully to ensure that incidents of domestic violence and abuse are recognized and that agency involvement is reviewed to develop recommendations for policies and protocols for community prevention and intervention initiatives to reduce and eradicate the incidence of domestic violence.
(b)(1)For purposes of this section, abuse has the meaning set forth in Section 6203 of the Family Code and domestic violence has the meaning set forth in Section 6211 of the Family Code.
(2)For purposes of this section, near death means the victim suffered a life-threatening injury, as determined by a licensed physician or licensed nurse, as a result of domestic violence.
(c)A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death.
(d)County domestic violence death review teams shall be comprised of, but not limited to, the following:
(1)Experts in the field of forensic pathology.
(2)Medical personnel with expertise in domestic violence abuse.
(3)Coroners and medical examiners.
(4)Criminologists.
(5)District attorneys and city attorneys.
(6)Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.
(7)Law enforcement personnel.
(8)Representatives of local agencies that are involved with domestic violence abuse reporting.
(9)County health department staff who deal with domestic violence victims health issues.
(10)Representatives of local child abuse agencies.
(11)Local professional associations of persons described in paragraphs (1) to (10), inclusive.
(e)An oral or written communication or a document shared within or produced by a domestic violence death review team related to a domestic violence death review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic violence death review team, or between a third party and a domestic violence death review team, is confidential and not subject to disclosure or discoverable by a third party. This includes a statement provided by a survivor in a near-death case review. Notwithstanding the foregoing, recommendations of a domestic violence death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the domestic violence death review team.
(f)Each organization represented on a domestic violence death review team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. This provision shall permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other statute.
(g)Written and oral information may be disclosed to a domestic violence death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1)An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2)The following information may be disclosed pursuant to this subdivision:
(A)Notwithstanding Section 56.10 of the Civil Code, medical information.
(B)Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C)Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(D)Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(E)State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300.
(F)Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or abuse, if reported, and information relating to whether a physician referred the person to local domestic violence services, as recommended by Section 11161.
(G)Notwithstanding Section 827 of the Welfare and Institutions Code, information in any juvenile court proceeding.
(H)Information maintained by the Family Court, including information relating to the Family Conciliation Court Law pursuant to Section 1818 of the Family Code, and Mediation of Custody and Visitation Issues pursuant to Section 3177 of the Family Code.
(I)Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10, as well as the information on which these reports are based.
(J)Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3)The disclosure of written and oral information authorized under this subdivision shall apply notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, or the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and the human trafficking caseworker-victim privilege protected by Article 8.8 (commencing with Section 1038) of Chapter 4 of Division 8 of the Evidence Code.
(4)In near-death cases, representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individuals informed consent in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. In death review cases, representatives of domestic violence victim service organizations shall only provide client-specific information in accordance with both state and federal confidentiality requirements.
(5)Near-death case reviews shall only occur after any prosecution has concluded.
(6)Near-death survivors shall not be compelled to participate in death review team investigations; their participation is voluntary. In cases of death, the victims family members may be invited to participate, however they shall not be compelled to do so; their participation is voluntary. Members of the death review teams shall be prepared to provide referrals for services to address the unmet needs of survivors and their families when appropriate.
(h)This section shall become operative on January 1, 2025.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.
The Legislature finds and declares all of the following:
(a)Recognizing that abuse survivors often need to access health care and medical treatment apart from police reporting and criminal legal involvement, this bill replaces mandated police reporting by medical professionals with offering connection to survivor services.
(b)Health care providers play a critical role in prevention, identification, and response to violence. However, current law requiring health professionals in California to file reports to law enforcement when treating patients for all suspected violence-related injuries can have a chilling effect of preventing domestic and sexual violence survivors from seeking medical care, decreasing patient autonomy and trust, and resulting in health providers being reluctant to address domestic and sexual violence with their patients.
(c)Studies have shown that medical mandatory reporting of adult domestic and sexual violence may increase patient danger and insecurity, whereas being able to openly discuss abuse without fear of police reporting can produce greater health and safety outcomes.
(d)Because of the complexity of interpersonal violence and impact of social inequities on safety, people who have experienced violence should be provided survivor-centered support and health care that results in better outcomes for patient safety. Doing so can improve the health and safety of patients already in care, decrease potential barriers to care, and promote trust between survivors and health providers.
(e)Nothing in this act limits or overrides the ability of a health practitioner to make reports permitted by subdivisions (c) or (j) of Section 164.512 of Title 45 of the Code of Federal Regulations, or at the patients request. Providers must still follow reporting requirements for child abuse, pursuant to Section 11165 of the Penal Code, and elder and vulnerable adult abuse, pursuant to Section 15600 of the Welfare and Institutions Code. It is the intent of the Legislature to promote partnership between health facilities and domestic and sexual violence advocacy organizations, legal aid, county forensic response teams, and other community-based organizations that address social determinants of health in order to better ensure the safety and wellness of their patients and provide training for health practitioners. Health practitioners may refer to their respective health facility policies developed pursuant to Section 1259.5 of the Health and Safety Code for guidance on identifying abuse, documentation of abuse, and health practitioner training on abuse.
SEC. 2.Section 11160 of the Penal Code is amended to read:11160.(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):
(1)A person suffering from a wound or other physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm.
(2)A person suffering from a wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4), and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons injuries.
(D)The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.
(c)For the purposes of this section, injury does not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)For the purposes of this section, assaultive or abusive conduct includes any of the following offenses:
(1)Murder, in violation of Section 187.
(2)Manslaughter, in violation of Section 192 or 192.5.
(3)Mayhem, in violation of Section 203.
(4)Aggravated mayhem, in violation of Section 205.
(5)Torture, in violation of Section 206.
(6)Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.
(7)Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.
(8)Battery, in violation of Section 242.
(9)Sexual battery, in violation of Section 243.4.
(10)Incest, in violation of Section 285.
(11)Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.
(12)Assault with a stun gun or taser, in violation of Section 244.5.
(13)Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.
(14)Rape, in violation of Section 261 or former Section 262.
(15)Procuring a person to have sex with another person, in violation of Section 266, 266a, 266b, or 266c.
(16)Child abuse or endangerment, in violation of Section 273a or 273d.
(17)Abuse of spouse or cohabitant, in violation of Section 273.5.
(18)Sodomy, in violation of Section 286.
(19)Lewd and lascivious acts with a child, in violation of Section 288.
(20)Oral copulation, in violation of Section 287 or former Section 288a.
(21)Sexual penetration, in violation of Section 289.
(22)Elder abuse, in violation of Section 368.
(23)An attempt to commit any crime specified in paragraphs (1) to (22), inclusive.
(e)When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(f)The reporting duties under this section are individual, except as provided in subdivision (e).
(g)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require an employee required to make a report under this article to disclose the employees identity to the employer.
(h)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(i)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
(j)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.Section 11160 is added to the Penal Code, to read:11160.(a)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services for a physical condition to a patient whom the health practitioner knows or reasonably suspects is a person suffering from a wound or other physical injury inflicted by the persons own act or inflicted by another where the injury is by means of a firearm shall immediately make a report in accordance with subdivision (b).
(b)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:
(1)A report by telephone shall be made immediately or as soon as practically possible.
(2)A written report shall be prepared on the standard form developed in compliance with paragraph (4), and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.
(3)A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound or other injury has expired, regardless of whether or not the wound or other injury was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound or other injury was discovered during an autopsy.
(4)The report shall include, but shall not be limited to, the following:
(A)The name of the injured person, if known.
(B)The injured persons whereabouts.
(C)The character and extent of the persons injuries.
(D)The identity of any person the injured person alleges inflicted the wound or other injury upon the injured person.
(c)For the purposes of this section, injury does not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.
(d)When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(e)The reporting duties under this section are individual, except as provided in subdivision (d).
(f)A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require an employee required to make a report under this article to disclose the employees identity to the employer.
(g)A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in the health practitioners professional capacity or within the scope of the health practitioners employment, provides medical services to a patient whom the health practitioner knows or reasonably suspects is experiencing any form of domestic violence, as set forth in Section 124250 of the Health and Safety Code, or sexual violence, as set forth in Sections 243.4 and 261, shall, to the degree that it is medically possible for the individual patient, provide brief counseling, education, or other support, and offer a warm handoff or referral to local and national domestic violence or sexual violence advocacy services, as described in Sections 1035.2 and 1037.1 of the Evidence Code, before the end of the patient visit. The health practitioner shall have met the requirements of this subdivision when the brief counseling, education, or other support is provided and warm handoff or referral is offered by a member of the health care team at the health facility.
(h)A health practitioner may offer a warm handoff and referral to other available victim services, including, but not limited to, legal aid, community-based organizations, behavioral health, crime victim compensation, forensic evidentiary exams, trauma recovery centers, family justice centers, and law enforcement to patients who are suspected to have suffered any nonaccidental injury.
(i)Nothing in this section limits or overrides the ability of a health practitioner to alert law enforcement to an imminent and serious threat to health or safety of an individual or the public, pursuant to the privacy rules of the federal Health Insurance Portability and Accountability Act of 1996 in subdivisions (c) and (j) of Section 164.512 of Title 45 of the Code of Federal Regulations, or at the patients request.
(j)For the purposes of this section, it is the Legislatures intent to avoid duplication of information.
(k)For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.
(l)For purposes of this section, the following terms have the following meanings:
(1)Warm handoff may include, but is not limited to, the health practitioner establishing direct and live connection through a call with a survivor advocate, in-person onsite survivor advocate, in-person on-call survivor advocate, or some other form of teleadvocacy. The patient may decline the warm handoff.
(2)Referral may include, but is not limited to, the health practitioner sharing information about how a patient can get in touch with a local or national survivor advocacy organization, information about how the survivor advocacy organization could be helpful for the patient, what the patient could expect when contacting the survivor advocacy organization, or the survivor advocacy organizations contact information.
(m)A health practitioner shall not be civilly or criminally liable for any report that is made in good faith and in compliance with this section and all other applicable state and federal laws.
(n)This section shall become operative on January 1, 2025.
SEC. 4.Section 11161 of the Penal Code is amended to read:11161.Notwithstanding Section 11160, the following shall apply to every physician or and surgeon who has under his or her their charge or care any person described in subdivision (a) of Section 11160:
(a)The physician or and surgeon shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency.
(b)It is recommended that any medical records of a person about whom the physician or and surgeon is required to report pursuant to subdivision (a) include the following:
(1)Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound, other physical injury, or assaultive or abusive conduct upon the person.
(2)A map of the injured persons body showing and identifying injuries and bruises at the time of the health care.
(3)A copy of the law enforcement reporting form.
(c)It is recommended that the physician or and surgeon refer the person to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700.
(d)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 5.Section 11161 is added to the Penal Code, to read:11161.Notwithstanding Section 11160, the following shall apply to every physician and surgeon who has under their charge or care any person described in subdivision (a) of Section 11160:
(a)The physician and surgeon shall make a report in accordance with subdivision (b) of Section 11160 to a local law enforcement agency.
(b)It is recommended that any medical records of a person about whom the physician and surgeon is required to report pursuant to subdivision (a) include the following:
(1)Any comments by the injured person regarding past domestic violence, as defined in Section 13700, or regarding the name of any person suspected of inflicting the wound or other physical injury upon the person.
(2)A map of the injured persons body showing and identifying injuries and bruises at the time of the health care.
(3)A copy of the law enforcement reporting form.
(c)The physician and surgeon shall offer a referral to local domestic violence services if the person is suffering or suspected of suffering from domestic violence, as defined in Section 13700.
(d)This section shall become operative on January 1, 2025.
SEC. 6.Section 11163.2 of the Penal Code is amended to read:11163.2.(a)In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist privilege applies to the information required to be reported pursuant to this article.
(b)The reports required by this article shall be kept confidential by the health facility, clinic, or physicians office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound, other injury, or assaultive or abusive conduct upon the injured person or his or her their attorney be allowed access to the injured persons whereabouts. Nothing in this subdivision is intended to conflict with Section 1054.1 or 1054.2.
(c)For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174.
(d)The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee.
(e)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 7.Section 11163.2 is added to the Penal Code, to read:11163.2.(a)In any court proceeding or administrative hearing, neither the physician-patient privilege nor the psychotherapist-patient privilege applies to the information required to be reported pursuant to this article.
(b)The reports required by this article shall be kept confidential by the health facility, clinic, or physicians office that submitted the report, and by local law enforcement agencies, and shall only be disclosed by local law enforcement agencies to those involved in the investigation of the report or the enforcement of a criminal law implicated by a report. In no case shall the person suspected or accused of inflicting the wound or other injury upon the injured person, or the attorney of the suspect or accused, be allowed access to the injured persons whereabouts. Nothing in this subdivision is intended to conflict with Section 1054.1 or 1054.2.
(c)For the purposes of this article, reports of suspected child abuse and information contained therein may be disclosed only to persons or agencies with whom investigations of child abuse are coordinated under the regulations promulgated under Section 11174.
(d)The Board of Prison Terms may subpoena reports that are not unfounded and reports that concern only the current incidents upon which parole revocation proceedings are pending against a parolee.
(e)This section shall become operative on January 1, 2025.
SEC. 8.Section 11163.3 of the Penal Code is amended to read:11163.3.(a)A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. Interagency domestic violence death review teams have been used successfully to ensure that incidents of domestic violence and abuse are recognized and that agency involvement is reviewed to develop recommendations for policies and protocols for community prevention and intervention initiatives to reduce and eradicate the incidence of domestic violence.
(b)(1)For purposes of this section, abuse has the meaning set forth in Section 6203 of the Family Code and domestic violence has the meaning set forth in Section 6211 of the Family Code.
(2)For purposes of this section, near death means the victim suffered a life-threatening injury, as determined by a licensed physician or licensed nurse, as a result of domestic violence.
(c)A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death.
(d)County domestic violence death review teams shall be comprised of, but not limited to, the following:
(1)Experts in the field of forensic pathology.
(2)Medical personnel with expertise in domestic violence abuse.
(3)Coroners and medical examiners.
(4)Criminologists.
(5)District attorneys and city attorneys.
(6)Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.
(7)Law enforcement personnel.
(8)Representatives of local agencies that are involved with domestic violence abuse reporting.
(9)County health department staff who deal with domestic violence victims health issues.
(10)Representatives of local child abuse agencies.
(11)Local professional associations of persons described in paragraphs (1) to (10), inclusive.
(e)An oral or written communication or a document shared within or produced by a domestic violence death review team related to a domestic violence death review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic violence death review team, or between a third party and a domestic violence death review team, is confidential and not subject to disclosure or discoverable by a third party. This includes a statement provided by a survivor in a near-death case review. Notwithstanding the foregoing, recommendations of a domestic violence death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the domestic violence death review team.
(f)Each organization represented on a domestic violence death review team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. This provision shall permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other statute.
(g)Written and oral information may be disclosed to a domestic violence death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1)An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2)The following information may be disclosed pursuant to this subdivision:
(A)Notwithstanding Section 56.10 of the Civil Code, medical information.
(B)Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C)Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(D)Notwithstanding Section 11167.5 of the Penal Code, information from child abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(E)State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300 of the Penal Code.
(F)Notwithstanding Section 11163.2 of the Penal Code, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or of persons suffering physical injury where the injury is a result of assaultive or abusive conduct, and information relating to whether a physician referred the person to local domestic violence services as recommended by Section 11161 of the Penal Code.
(G)Notwithstanding Section 827 of the Welfare and Institutions Code, information in any juvenile court proceeding.
(H)Information maintained by the Family Court, including information relating to the Family Conciliation Court Law pursuant to Section 1818 of the Family Code, and Mediation of Custody and Visitation Issues pursuant to Section 3177 of the Family Code.
(I)Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10 of the Penal Code, as well as the information on which these reports are based.
(J)Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3)The disclosure of written and oral information authorized under this subdivision shall apply notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, or the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and the human trafficking caseworker-victim privilege protected by Article 8.8 (commencing with Section 1038) of Chapter 4 of Division 8 of the Evidence Code.
(4)In near-death cases, representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individuals informed consent in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. In death review cases, representatives of domestic violence victim service organizations shall only provide client-specific information in accordance with both state and federal confidentiality requirements.
(5)Near-death case reviews shall only occur after any prosecution has concluded.
(6)Near-death survivors shall not be compelled to participate in death review team investigations; their participation is voluntary. In cases of death, the victims family members may be invited to participate, however they shall not be compelled to do so; their participation is voluntary. Members of the death review teams shall be prepared to provide referrals for services to address the unmet needs of survivors and their families when appropriate.
(h)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 9.Section 11163.3 is added to the Penal Code, to read:11163.3.(a)A county may establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. Interagency domestic violence death review teams have been used successfully to ensure that incidents of domestic violence and abuse are recognized and that agency involvement is reviewed to develop recommendations for policies and protocols for community prevention and intervention initiatives to reduce and eradicate the incidence of domestic violence.
(b)(1)For purposes of this section, abuse has the meaning set forth in Section 6203 of the Family Code and domestic violence has the meaning set forth in Section 6211 of the Family Code.
(2)For purposes of this section, near death means the victim suffered a life-threatening injury, as determined by a licensed physician or licensed nurse, as a result of domestic violence.
(c)A county may develop a protocol that may be used as a guideline to assist coroners and other persons who perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death.
(d)County domestic violence death review teams shall be comprised of, but not limited to, the following:
(1)Experts in the field of forensic pathology.
(2)Medical personnel with expertise in domestic violence abuse.
(3)Coroners and medical examiners.
(4)Criminologists.
(5)District attorneys and city attorneys.
(6)Representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code.
(7)Law enforcement personnel.
(8)Representatives of local agencies that are involved with domestic violence abuse reporting.
(9)County health department staff who deal with domestic violence victims health issues.
(10)Representatives of local child abuse agencies.
(11)Local professional associations of persons described in paragraphs (1) to (10), inclusive.
(e)An oral or written communication or a document shared within or produced by a domestic violence death review team related to a domestic violence death review is confidential and not subject to disclosure or discoverable by a third party. An oral or written communication or a document provided by a third party to a domestic violence death review team, or between a third party and a domestic violence death review team, is confidential and not subject to disclosure or discoverable by a third party. This includes a statement provided by a survivor in a near-death case review. Notwithstanding the foregoing, recommendations of a domestic violence death review team upon the completion of a review may be disclosed at the discretion of a majority of the members of the domestic violence death review team.
(f)Each organization represented on a domestic violence death review team may share with other members of the team information in its possession concerning the victim who is the subject of the review or any person who was in contact with the victim and any other information deemed by the organization to be pertinent to the review. Any information shared by an organization with other members of a team is confidential. This provision shall permit the disclosure to members of the team of any information deemed confidential, privileged, or prohibited from disclosure by any other statute.
(g)Written and oral information may be disclosed to a domestic violence death review team established pursuant to this section. The team may make a request in writing for the information sought and any person with information of the kind described in paragraph (2) may rely on the request in determining whether information may be disclosed to the team.
(1)An individual or agency that has information governed by this subdivision shall not be required to disclose information. The intent of this subdivision is to allow the voluntary disclosure of information by the individual or agency that has the information.
(2)The following information may be disclosed pursuant to this subdivision:
(A)Notwithstanding Section 56.10 of the Civil Code, medical information.
(B)Notwithstanding Section 5328 of the Welfare and Institutions Code, mental health information.
(C)Notwithstanding Section 15633.5 of the Welfare and Institutions Code, information from elder abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(D)Notwithstanding Section 11167.5, information from child abuse reports and investigations, except the identity of persons who have made reports, which shall not be disclosed.
(E)State summary criminal history information, criminal offender record information, and local summary criminal history information, as defined in Sections 11075, 11105, and 13300.
(F)Notwithstanding Section 11163.2, information pertaining to reports by health practitioners of persons suffering from physical injuries inflicted by means of a firearm or abuse, if reported, and information relating to whether a physician referred the person to local domestic violence services, as recommended by Section 11161.
(G)Notwithstanding Section 827 of the Welfare and Institutions Code, information in any juvenile court proceeding.
(H)Information maintained by the Family Court, including information relating to the Family Conciliation Court Law pursuant to Section 1818 of the Family Code, and Mediation of Custody and Visitation Issues pursuant to Section 3177 of the Family Code.
(I)Information provided to probation officers in the course of the performance of their duties, including, but not limited to, the duty to prepare reports pursuant to Section 1203.10, as well as the information on which these reports are based.
(J)Notwithstanding Section 10850 of the Welfare and Institutions Code, records of in-home supportive services, unless disclosure is prohibited by federal law.
(3)The disclosure of written and oral information authorized under this subdivision shall apply notwithstanding Sections 2263, 2918, 4982, and 6068 of the Business and Professions Code, or the lawyer-client privilege protected by Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code, the physician-patient privilege protected by Article 6 (commencing with Section 990) of Chapter 4 of Division 8 of the Evidence Code, the psychotherapist-patient privilege protected by Article 7 (commencing with Section 1010) of Chapter 4 of Division 8 of the Evidence Code, the sexual assault counselor-victim privilege protected by Article 8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the Evidence Code, the domestic violence counselor-victim privilege protected by Article 8.7 (commencing with Section 1037) of Chapter 4 of Division 8 of the Evidence Code, and the human trafficking caseworker-victim privilege protected by Article 8.8 (commencing with Section 1038) of Chapter 4 of Division 8 of the Evidence Code.
(4)In near-death cases, representatives of domestic violence victim service organizations, as defined in subdivision (b) of Section 1037.1 of the Evidence Code, shall obtain an individuals informed consent in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual to another team member as specified in this section. In death review cases, representatives of domestic violence victim service organizations shall only provide client-specific information in accordance with both state and federal confidentiality requirements.
(5)Near-death case reviews shall only occur after any prosecution has concluded.
(6)Near-death survivors shall not be compelled to participate in death review team investigations; their participation is voluntary. In cases of death, the victims family members may be invited to participate, however they shall not be compelled to do so; their participation is voluntary. Members of the death review teams shall be prepared to provide referrals for services to address the unmet needs of survivors and their families when appropriate.
(h)This section shall become operative on January 1, 2025.
SEC. 10.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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 XIIIB of the California Constitution.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 1, 2023 | In committee: Held under submission. |
| Aug 28, 2023 | In committee: Referred to APPR suspense file. |
| Aug 2, 2023 | In committee: Hearing postponed by committee. |
| Jul 12, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (July 11). Re-referred to Com. on APPR. |
| Jun 28, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. |
| Jun 27, 2023 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S. |
| Jun 15, 2023 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 14, 2023 | Referred to Com. on PUB S. |
| Jun 1, 2023 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 31, 2023 | Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 17. Page 1950.) |
| Apr 20, 2023 | Read second time. Ordered to third reading. |
| Apr 19, 2023 | From committee: Do pass. (Ayes 10. Noes 4.) (April 19). |
| Mar 28, 2023 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 28). Re-referred to Com. on APPR. |
| Mar 28, 2023 | Coauthors revised. |
| Mar 2, 2023 | Referred to Com. on PUB. S. |
| Feb 16, 2023 | From printer. May be heard in committee March 18. |
| Feb 15, 2023 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2023 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2023 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Public Safety |
Passed |
|
| May 31, 2023 | AB 1028 McKinnor Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 19, 2023 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 28, 2023 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 3Strands Global Foundation | * Support | Jul 11, 2023 |
| Academy on Violence and Abuse | ** Support | |
| Aclu California Action | * Support | Jul 11, 2023 |
| Alliance for Boys and Men of Color | * Support | Jul 11, 2023 |
| Alliance for HOPE | * Against Unless Amend | Jul 11, 2023 |
| Alliance for Hope International | ** Against | |
| American College Of Obstetricians And Gynecologists District Ix | ** Support | |
| Asian Americans for Community Involvement | ** Support | |
| Bay Area Legal Aid | * Support | Jul 11, 2023 |
| Bay Area Women Against Rape | * Support | Mar 28, 2023 |
| California Alliance for Youth and Community Justice | * Support | Jul 11, 2023 |
| California Association Of Psychiatric Technicians | * Against | Aug 28, 2023 |
| California District Attorneys Association | * Against | Mar 28, 2023 |
| California Faculty Association | * Support | Jul 11, 2023 |
| California Health+ Advocates | * Support | Aug 28, 2023 |
| California LGBTQ Health and Human Services Network | ** Support | |
| California Pan - Ethnic Health Network | ** Support | |
| California Partnerships to End Domestic Violence | * Support | Jul 11, 2023 |
| California Sexual Assault Forensic Examiners Association | * Against | Jul 11, 2023 |
| California State Sexual Assault Forensic Examiners | * Against Unless Amend | Aug 28, 2023 |
| Californians for Safety and Justice | * Support | Mar 28, 2023 |
| Citizens for Choice | ** Support | |
| Coalition to Abolish Slavery and Trafficking | * Support | Jul 11, 2023 |
| Communities United for Restored Youth Justice | * Support | Jul 11, 2023 |
| Community Solutions for Children, Families, and Individuals | ** Support | |
| Community Solutions to Domestic Violence | * Support | Jul 11, 2023 |
| Culturally Responsive Domestic Violence Network | * Support | Jul 11, 2023 |
| Culturally Responsive Domestic Violence Network | * Support | Mar 28, 2023 |
| Culturally Responsive Domestic Violence Network | ** Support | |
| Culturally Responsive Domestic Violence Network | * Support | Jul 11, 2023 |
| Culturally Responsive Domestic Violence Network | * Support | Mar 28, 2023 |
| DeafHope | ** Support | |
| East Los Angeles Women's Center | * Support | Aug 28, 2023 |
| East Los Angeles Women's Center | * Support | Jul 11, 2023 |
| Ella Baker Center For Human Rights | * Support | Jul 11, 2023 |
| Enloe Medical Center | * Against | Jul 11, 2023 |
| Equality California | * Support | Jul 11, 2023 |
| Family Violence Appellate Project | ** Support | |
| Family Violence Law Center | * Support | Aug 28, 2023 |
| FreeFrom | * Support | Jul 11, 2023 |
| Futures Without Violence | * Support | Jul 11, 2023 |
| Gray's Trauma-Informed Care Service Corps | * Support | Jul 11, 2023 |
| Haven Women's Center of Stanislaus | ** Support | |
| Immigrant Legal Resource Center | * Support | Jul 11, 2023 |
| Initiate Justice | * Support | Jul 11, 2023 |
| Jenesse Center | * Support | Jul 11, 2023 |
| Jenesse Center | * Support | Jul 11, 2023 |
| Jenesse Center | * Support | Mar 28, 2023 |
| Korean American Family Services | * Support | Jul 11, 2023 |
| Korean American Family Services, INC. | ** Support | |
| LA Defensa | ** Support | |
| Legal Services for Prisoners with Children | * Support | Mar 28, 2023 |
| Los Angeles Dependency Lawyers, Inc. | ** Support | |
| Los Angles LGBT center | * Support | Aug 28, 2023 |
| Lumina Alliance | ** Support | |
| Napa Solano Sane Sart | * Against | Jul 11, 2023 |
| Napa-Solano SANE/SART | * Against | Jul 11, 2023 |
| Napa-Solano SANE/SART | * Against | Jul 11, 2023 |
| National Association of Social Workers California Chapter | * Support | Jul 11, 2023 |
| Next Door Solutions to Domestic Violence | * Support | Jul 11, 2023 |
| Ohio Domestic Violence Network | ** Support | |
| Orange County District Attorney's Office | * Against | Jul 11, 2023 |
| Our Duty | * Against | Jul 11, 2023 |
| Riverside Sheriff's Association | * Against | Aug 28, 2023 |
| San Diegans Against Crime | ** Against | |
| San Diego County District Attorney Summer Stephan | * Against | Jul 11, 2023 |
| San Diego Deputy District Attorneys Association | ** Against | |
| San Francisco General Hospital | * Support | Jul 11, 2023 |
| Santa Ana Police Officers Association | * Against | Aug 28, 2023 |
| Sheedy Consulting, LLC | ** Support | |
| Shidi Consulting | * Support | Jul 11, 2023 |
| Sister Warriors Freedom Coalition | * Support | Jul 11, 2023 |
| Stone Advocacy | * Against | Jul 11, 2023 |
| Sunita Jain Anti-Trafficking Initiative | * Support | Jul 11, 2023 |
| The California LGBT Health and Human Services Network | * Support | Jul 11, 2023 |
| the Chat Project | * Support | Jul 11, 2023 |
| The Collective Healing and Transformation Project | ** Support | |
| The Culturally Responsive Domestic Violence Network | * Support | Jul 11, 2023 |
| the East LA Women's Center | * Support | Jul 11, 2023 |
| The Health Alliance for Violence Intervention | ** Support | |
| The San Francisco Public Defender's Office | * Support | Jul 11, 2023 |
| The W. Haywood Burns Institute | ** Support | |
| UC Irvine School of Law, Domestic Violence Clinic | ** Support | |
| UCI Law Domestic Violence Clinic | * Support | Jul 11, 2023 |
| University of San Francisco | * Against Unless Amend | Jul 11, 2023 |
| Urban Strategies Council | * Support | Jul 11, 2023 |
| Woman INC | ** Support | |
| Yolo County District Attorney | ** Against | |
| Young Women's Freedom Center | * Support | Jul 11, 2023 |
| Youth Leadership Institute | ** Support | |
| YWCA San Gabriel Valley | * Support | Aug 28, 2023 |
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2023 - 2024 Regular Session
AB 1028 (McKinnor) - Reporting of crimes: mandated reporters
Version: June 28, 2023 | Policy Vote: PUB. S. 3 - 1 |
Urgency: No | Mandate: Yes |
Hearing Date: August 28, 2023 | Consultant: Matthew Fleming |
Bill Summary:
AB 1028 would, as of January 1, 2025, limit the duty of a health care practitioner to report assaultive or abusive conduct to law enforcement to instances where the practitioner suspects that the wound or injury is inflicted by the person’s own act or caused by a firearm, and instead would require the provider to refer the patient to supportive services.
Fiscal Impact:
Unknown, potentially reimbursable costs, possibly in the hundreds of thousands, to the extent that health practitioners in local or state public health departments, local government agencies, and clinics or other types of facilities operated by a local or state health department must provide brief counseling, education, and other support, as well as offer a warm handoff or referral to local and national domestic violence or sexual violence advocacy services (Local Funds, General Fund). Local and state public health departments may also be required to implement training and policy updates to comply with AB 1028. General Fund costs will depend on whether this bill imposes a state-mandated local program as determined by the Commission on State Mandates.
Background:
Penal Code section 11160 requires a health care practitioner who treats a person brought in to a health care facility or clinic who is suffering from specified injuries to report that fact immediately, by telephone and in writing, to the local law enforcement authorities. The duty to report extends to physicians and surgeons, psychiatrists, psychologists, dentists, medical residents, interns, podiatrists, chiropractors, licensed nurses, dental hygienists, optometrists, marriage and family therapists, clinical social workers, professional clinical counselors, emergency medical technicians, paramedics, and others. The duty to report is triggered when a health practitioner knows or reasonably suspects that the patient is suffering from a wound or other physical injury that is the result of assaultive or abusive conduct caused by another person, or when there is a gunshot wound or injury regardless of whether it self-inflicted or one cause by another person. Health practitioners are required to report if these triggering conditions are met, regardless of patient consent. Failure to make the required report is a misdemeanor.
This bill would eliminate the duty of a health care practitioner to report known or suspected assaultive or abusive conduct and instead provide that they should, whenever medically possible, refer the person to provide the person with counseling, a warm handoff, or a referral to local domestic violence services.
Proposed Law:
- Limits a health practitioner’s duty to make a report of injuries to law enforcement to instances where: the injury is by a firearm, either self-inflicted; where the wound or physical injury was the result of child abuse; or where the wound or physical injury was the result of elder abuse.
- Requires a health care practitioner, who in their professional capacity or within the scope of their employment, knows or reasonably suspects that their patient is experiencing any form of domestic violence or sexual violence, to provide brief counseling and offer a referral to domestic violence or sexual violence advocacy services before the end of treatment, to the extent that it is medically possible.
- Provides that the health practitioner shall have met the requirement when the brief counseling, education, or other support is provided and warm hand off or referral is offered by a member of the health care team.
- Provides that if the health practitioner is providing medical services to the patient in the emergency department of a hospital, they shall also offer assistance to the patient in accessing a forensic evidentiary exam or reporting to law enforcement, if the patient wants to pursue these options.
- Provides that a health practitioner may offer a warm hand off and referral to other available services including legal aid and community based services.
- Specifies that a patient may decline a warm handoff.
- Provides that, to the extent possible, health practitioners must document all nonaccidental violent injuries and incidents of abuse in the medical record.
- Provides that nothing limits or overrides the ability of a health care practitioner to alert law enforcement to an imminent or serious threat to health or safety of an individual or the public, pursuant to the privacy rules of HIPAA.
Related Legislation:
AB 2790 (Wicks), of the 2021-2022 Legislative session, was nearly identical to this bill. AB 2790 was held on this Committee’s Suspense File.
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Aisha Wahab, Chair
2023 - 2024 Regular
Bill No: AB 1028 Hearing Date: July 11, 2023
Author: | McKinnor | ||
Version: | June 28, 2023 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Reporting of crimes: mandated reporters
HISTORY
Source: Futures Without Violence
California Partnership to End Domestic Violence
Alliance for Boys and Men of Color
UC Irvine Domestic Violence Law Clinic
Prior Legislation: AB 2790 (Wicks) Held in Sen Approps. 2022
Support: A Safe Place; ACLU California Action; California Academy of Family Physicians; California Consortium for Urban Indian Health; California Faculty Association; California Health+ Advocates: California Nurse Midwives Association; California State Council of Service Employees International Union (SEIU California); Center for Community Solutions; Coalition to Abolish Slavery & Trafficking (CAST); Communities United for Restorative Youth Justice (CURYJ); Community Resource Center; Community Solutions for Children, Families, and Individuals; Culturally Responsive Domestic Violence Network (CRDVN); Deafhope; Dignity and Power Now; Ella Baker Center for Human Rights; Empower Yolo; Family Violence Appellate Project; Family Violence Law Center; FreeFrom; Immigrant Legal Resource Center (UNREG); Initiate Justice (UNREG); Jenesee Center; Korean American Family Services, INC (KFAM); LA Defensa; Los Angeles LGBT Center; MILPA; National Association of Social Workers, California Chapter; Prevention Institute; Psychiatric Physicians Alliance of California; Safe Alternatives to Violent Environments; Strong Hearted Native Women's Coalition, INC.; The Collective Healing and Transformation Project; Woman INC; Youth Leadership Institute
Opposition: Arcadia Police Officers’ Association; Board of Registered Nursing; Burbank Police Officer’s Association; California District Attorneys Association; California Reserve Peace Officers Association; Claremont Police Officers Association; Corona Police Officers Association; Culver City Police Officers’ Association; Deputy Sheriffs’ Association of Monterey County; Fullerton Police Officers’ Association; Grossmont Healthcare District; Los Angeles School Police Officers Association; Murrieta Police Officers’ Association; Newport Beach Police Association; Novato Police Officers Association; Palos Verdes Police Officers Association; Placer County Deputy Sheriffs’ Association; Pomona Police Officers’ Association; Riverside Police Officers Association; Riverside Sheriffs’ Association; San Diegans Against Crime; San Diego County District Attorney's Office; San Diego Deputy District Attorneys Association; Santa Ana Police Officers Association; Upland Police Officers Association; Ventura County Office of the District Attorney; California Sexual Assault Forensic Examiner Association (unless amended); Multiple individuals
Assembly Floor Vote: 45 - 17
PURPOSE
The purpose of this bill is to eliminate the duty of a health care practitioner to report assaultive or abusive conduct to law enforcement and instead requires the provider to refer the patient to supportive services.
Existing law requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is either self-inflicted, caused by a firearm, or caused by assaultive or abusive conduct, as specified. (Penal Code § 11160.)
Existing law punishes the failure of a health care practitioner to submit a mandated report by imprisonment in a county jail not exceeding six months, or by a fine not exceeding $1,000, or by both. (Penal Code § 11162)
Existing law provides that a health practitioner who makes a report in accordance with these duties shall not incur civil or criminal liability as a result of any report. (Penal Code § 11161.9 (a))
Existing law states that neither the physician-patient privilege nor the psychotherapist patient privilege apply in any court or administrative proceeding with regards to the information required to be reported. (Penal Code § 11163.2)
This bill limits a health practitioner’s duty to make a report of injuries to law enforcement to instances where: the injury is by a firearm, either self-inflicted; where the wound or physical injury was the result of child abuse; or where the wound or physical injury was the result of elder abuse.
This bill requires a health care practitioner, who in their professional capacity or within the scope of their employment, knows or reasonably suspects that their patient is experiencing any form of domestic violence or sexual violence, to provide brief counseling and offer a referral to domestic violence or sexual violence advocacy services before the end of treatment, to the extent that it is medically possible.
This bill provides that the health practitioner shall have met the requirement when the brief counseling, education, or other support is provided and warm hand off or referral is offered by a member of the health care team.
This bill provides that if the health practitioner is providing medical services to the patient in the emergency department of a hospital, they shall also offer assistance to the patient in accessing a forensic evidentiary exam or reporting to law enforcement, if the patient wants to pursue these options.
This bill provides that a health practitioner may offer a warm hand off and referral to other available services including legal aid and community based services.
This bill provided that to the extent possible, health practitioners shall document all nonaccidental violent injuries and incidents of abuse in the medical record.
This bill provides that nothing limits or overrides the ability of a health care practitioner to alert law enforcement to an imminent or serious threat to health or safety of an individual or the public, pursuant to the privacy rules of HIPAA.
This bill defines “warm handoff” may include but is not limited to, the health practitioner establishing direct and live connection through a call with survivor advocate, in-person on site survivor advocate, in-person on-call survivor advocate, or some other form of tele-advocacy.
This bill provides the patient may decline the “warm hand-off”.
This bill provides that “referral” may include, but is not limited to, the health practitioner sharing information about how a patient can get in touch with a local or national survivor advocacy organization, information about how the survivor advocacy organization information about how the survivor organization could be helpful for the patient, what the patient could expect when contacting the survivor organization, the survivor advocacy organizations contact information.
This bill contains findings and declarations.
This bill provides that a health practitioner shall not be civilly or criminally liable for acting in compliance with this section for any report that is made in good faith compliance with state law.
This bill makes conforming cross-references.
COMMENTS
1. Need for This Bill
According to the author:
AB 1028 will ensure survivors can access healthcare services by creating a survivor-centered, trauma-informed approach and limit non-consensual and potentially dangerous referrals to law enforcement. In addition, if a health provider knows or suspects a patient is experiencing any kind of domestic and sexual violence, not just physical, they will be required to offer a referral to a local domestic violence and sexual violence advocacy program or the National Domestic Violence hotline. This change will increase access to healthcare and ensure that survivors are provided the agency and information they need to be safe and healthy.
2. Health Care worker: mandate reporters
Penal Code section 11160 requires a health care practitioner who treats a person brought in to a health care facility or clinic who is suffering from specified injuries to report that fact immediately, by telephone and in writing, to the local law enforcement authorities. The duty to report extends to physicians and surgeons, psychiatrists, psychologists, dentists, medical residents, interns, podiatrists, chiropractors, licensed nurses, dental hygienists, optometrists, marriage and family therapists, clinical social workers, professional clinical counselors,
emergency medical technicians, paramedics, and others. The duty to report is triggered when a health practitioner knows or reasonably suspects that the patient is suffering from a wound or other physical injury that is the result of assaultive or abusive conduct caused by another person, or when there is a gunshot wound or injury regardless of whether it self-inflicted or one cause by another person. Health practitioners are required to report if these triggering conditions are met, regardless of patient consent. Failure to make the required report is a misdemeanor.
This bill would eliminate the duty of a health care practitioner to report known or suspected assaultive or abusive conduct and instead provide that they should, whenever medically possible, refer the person to provide the person with counseling, a warm handoff, or a referral to local domestic violence services.
According to the background provided by the author, “[i]n a 2020 survey done by the National Domestic Violence Hotline of survivors who had experienced mandated reporting, 83.3% of survivors stated mandatory reporting made the situation much worse, somewhat worse, or did nothing to improve the DV situation. 27% of callers reported that they did not seek healthcare because of mandatory reporting requirements”. A report by Futures Without Violence, a co-sponsor of this bill, notes with regards to mandated reporting laws:
Most U.S. states have enacted mandatory reporting laws, which require the reporting of specified injuries and wounds, and very few have mandated reporting laws specific to suspected abuse or domestic violence for individuals being treated by a health care professional. Mandatory reporting laws are distinct from elder abuse or vulnerable adult abuse and child abuse reporting laws, in that the individuals to be protected are not limited to a specific group, but pertain to all individuals to whom specific health care professionals provide treatment or medical care, or those who come before the health care facility. The laws vary from state-to-state, but generally fall into four categories: states that require reporting of injuries caused by weapons; states that mandate reporting for injuries caused in violation of criminal laws, as a result of violence, or through non-accidental means; states that specifically address reporting in domestic violence cases; and states that have no general mandatory reporting laws.
(Compendium of State and U.S. Territory Statutes and Policies on Domestic Violence and Health Care, Fourth Ed. 2019 at pp.2-3, available https://www.futureswithoutviolence.org/wp-content/uploads/Compendium-4th-Edition-2019-Final.pdf.)
It should be noted that the duty to report known or suspected child abuse and neglect under the Child Abuse and Neglect Reporting Act, is separate from a health care practitioner’s duty to report injuries generally. (See Penal Code § 11164 et. seq.) This bill does not eliminate the duty of health care practitioners under that Act. Similarly, the duty to report known or suspected abuse of an elder or a dependent adult is also separate from a health care provider’s general duty to report injury. (See Welfare & Inst. Code,§ 15360.) This bill also does not eliminate the duty of health care practitioners under those provisions of law.
3. Prior Legislation
This bill is almost identical to AB 2790 (Wicks) which passed this Committee 4-1 in June 2022. The bill was subsequently held in Senate Appropriations Committee.
4. Argument in Support
A number of organizations that support this bill state:
On behalf of Futures Without Violence, the Alliance for Boys and Men of Color, UC Irvine Law, the Culturally Responsive Domestic Violence Network, the California Partnership to End Domestic Violence and the Los Angeles LGBT Center, I write today as co-sponsors in support of Assembly Bill 1028 (McKinnor). This important legislation will modernize California’s medical mandated reporting
law for adult violent injuries to better ensure safety and healthcare access for survivors of domestic, sexual, and interpersonal violence. This bill is a priority policy for our organizations this year.
Because domestic and sexual violence often remove one’s ability to exercise control over their life, advocates help survivors achieve safety and healing by supporting their self-determination and empowerment. Not only does medical mandated reporting replicate harmful coercive patterns over survivors’ lives, it puts them in greater danger: according to a study of callers to National Domestic Violence Hotline, 51% of survivors who had experienced mandatory reporting stated that it made their situations much worse, and another 32% stated that it either made things worse or did not help them at all.
Domestic and sexual violence have been shown to be associated with increased risk of many health issues. Unfortunately, we have seen the ways in which medical mandated reporting requirements have kept survivors from seeking necessary healthcare in the first place, made survivors feel like they could never return to healthcare after they learned of the requirement, or made them feel like they could not share the reason for or extent of certain injuries or health issues with their provider.
Not only does mandated reporting to law enforcement of adult domestic and sexual violence injuries create a barrier to healthcare, but medical mandated reporting to law enforcement can result in the escalation of abuse, survivors themselves being criminalized, exposure to immigration detention or deportation, undue child welfare involvement that separates children from abused parents, and more.
Although a well-intentioned attempt to ensure domestic and sexual violence is taken seriously as a health issue, there is no research that suggests that medical mandated reporting requirements result in positive safety outcomes for survivors. Survivors in California deserve to be able to access trauma-informed healthcare separately from law enforcement. Domestic and sexual violence advocates are specifically trained to help survivors more safely access the criminal and civil legal systems should they want to. Because AB 1028 will require health providers to offer a warm hand off and referral to an advocacy organization, advocates will be able to respond before violence escalates. A warm and informed connection to confidential advocacy services will allow survivors to address their many different safety needs - from crisis intervention to emergency housing to legal support - in an on-going and trauma-informed way.
5. Argument in Opposition
The San Diego County District Attorney’s Office opposes this bill stating:
The current mandated reporting law is a safety net for victims of domestic violence when their abuser is so controlling that they do not want to call for help themselves. The current laws establish a minimum standard of care for health care providers and recognize that without intervention, violence often escalates in both frequency and severity result in repeat visits to healthcare systems or death.
Health care providers serve as gatekeepers to identify and report abuse where the family members and the abused themselves may not. These reporting laws ensure that a victim is protected, even if the abuser stands in the lobby of the hospital, demanding the victim lie about the abuse. A physician is duty bound to report suspicious injuries under the current law if they reasonably suspect the injuries were as a result of “abusive or assaultive conduct.” This current language is broad enough, yet specific enough, and encompasses enough of the dangerous conduct that we as a society want “checked” on by a larger community response including law enforcement, advocacy services, and social services.
California has long protected it’s most vulnerable by legislating mandated reporting for domestic violence and child abuse, and more recently elder abuse. This bill eliminates physician-mandated reporting for any physical injury due to domestic violence other than the small percentage of domestic violence cases that result in injuries from firearms. This means that domestic violence victims who are bruised, attacked, stabbed, strangled, tortured, or maimed or are injured with weapons other than firearms, would not receive the current protection the law affords.
Additionally, the bill doesn’t follow California’s trend of broadening the duty to report and protect our most vulnerable victims. We have mandated reporting for child abuse, mandated reporting for domestic violence, and mandated reporting for elder abuse. The elder abuse mandated reporting laws previously only required reports of report physical abuse, but they have expanded to financial and mental abuse, neglect, and isolation. This progression shows California is more protective of its vulnerable, not less. Why would we go backwards?
An example of how this bill would drastically diminish the victim voice includes the following: imagine an attempted murder case where a domestic violence abuser strangled the victim to the point of unconsciousness and stabbed the victim repeatedly and brings the victim to the hospital, hovers over the victim, directs the victim what to do and say, not to report that it was abuse, either impliedly or expressly, and silences the victim even in the lobby of the emergency room. This bill would leave this victim with no protection by the health care provider who stands at the ready to help and report the suspicious injuries to law enforcement when that victim says, “I don’t know who did this to me.”
My county is the second largest in the state, and the 4th largest District Attorney’s office in the nation. We see roughly 17,000 domestic violence incidents per year, and a subset of those only come to our attention because of the good work of health care providers doing their duty to report suspicious injuries. Domestic violence is already one of the most under reported crimes because of the dynamics of power and control within an intimate partner relationship. Why would we remove the very protection that helps give these victims a voice?
-- END –
ASSEMBLY THIRD READING
ATR Bill Id:AB 1028
Author:(McKinnor)
As Introduced Ver:February 15, 2023
Majority vote
SUMMARY
Eliminates the duty of a health care practitioner to report assaultive or abusive conduct to law enforcement when they suspect a patient has suffered physical injury caused by such conduct.
Major Provisions
- Limits a health practitioner's duty to make a report of injuries to law enforcement to instances where a wound or injury is self-inflicted or caused by a firearm.
- Requires a health care practitioner, who in their professional capacity or within the scope of their employment, knows or reasonably suspects that their patient is experiencing any form of domestic violence or sexual violence, to provide brief counseling, education, or other support, and offer a "warm handoff" or referral to domestic violence or sexual violence advocacy services before the end of treatment, to the extent that it is medically possible.
- Provides that the health practitioner can satisfy the above requirement when the brief counseling, education, or other support is provided by, and warm hand off or referral is offered by, a member of the health care team.
- Allows the health practitioner to offer a warm handoff and referral to other available victim services, including, but not limited to, legal aid, community-based organizations, behavioral health, crime victim compensation, forensic evidentiary exams, trauma recovery centers, family justice centers, and law enforcement to patients who are suspected to have suffered any non-accidental injury.
- Defines "warm handoff" as including but not being limited to, the health practitioner establishing direct and live connection through a call with survivor advocate, in-person on site survivor advocate, in-person on-call survivor advocate, or some other form of teleadvocacy.
- Provides the patient may decline the "warm hand-off."
- Provides that a "referral" may include, but is not limited to, the health practitioner sharing information about how a patient can get in touch with a local or national survivor advocacy organization, information about how the organization could be helpful for the patient, what the patient could expect when contacting the survivor organization, the survivor advocacy organizations contact information.
- Provides that nothing limits or overrides the ability of a health care practitioner to alert law enforcement to an imminent or serious threat to health or safety of an individual or the public, pursuant to the privacy rules of the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA).
- Allows reporting of assaultive or abusive conduct when a patient requests.
- Gives health care practitioners immunity from criminal or civil liability arising from any required or authorized report.
- Contains legislative findings and declarations.
COMMENTS
According to the Author
"AB 1028 will ensure survivors can access healthcare services by creating a survivor-centered, trauma-informed approach and limit non-consensual and potentially dangerous referrals to law enforcement. In addition, if a health provider knows or suspects a patient is experiencing any kind of domestic and sexual violence, not just physical, they will be required to offer a referral to a local domestic violence and sexual violence advocacy program or the National Domestic Violence hotline. This change will increase access to healthcare and ensure that survivors are provided the agency and information they need to be safe and healthy."
Arguments in Support
According to the California Partnership to End Domestic Violence, a co-sponsor of this bill, "California law currently mandates that health professionals, when treating patients for physical injuries known or suspected to have been a result of violence, including domestic and sexual violence, make an immediate report to law enforcement. Although a well-intentioned attempt to ensure health care providers take domestic violence seriously and address it with their patients, mandatory reporting to law enforcement by health providers has no evidence of positive outcomes for survivors.
"The evidence suggests, however, that medical mandated reporting puts survivors in more danger. In a survey done by the National Domestic Violence Hotline, among DV survivors who had experienced mandatory reporting, 83.3% of survivors stated that mandatory reporting made their experience much worse, somewhat worse, or did nothing to improve the situation.
"Domestic and sexual violence can have long term negative health outcomes, so it is crucial that survivors are able to access health care. Mandatory reporting laws have been shown to keep survivors from seeking care, and when survivors do see a health provider, they often don't feel comfortable bringing up their experiences of violence. This results in unaddressed health issues and missed opportunities to connect survivors to crucial advocacy services.
"Fear of involving law enforcement is a main reason survivors decide not to tell their health provider about domestic violence, or even seek care in the first place. According to a survey by the National Domestic Violence Hotline that documented survivors' experiences with law enforcement, of survivors who chose to involve law enforcement by calling 911, only 20% said they felt safer - 80% said they had no change in safety or felt even less safe. There are many reasons why survivors don't want to involve police: fear of angering their partner and increasing severity of violence, not wanting their partner to be arrested, being arrested for defending themselves, exposing themselves and their families to involvement with child welfare systems, and more. Mandatory reporting laws also discourage immigrant survivors from seeking health care; research has shown that contact with law enforcement produces a chilling effect in asking for help or fear of reprisal from federal immigration authorities.
"While medical mandated reporting to law enforcement for firearm wounds is common in many states, California is one of only three states that still have such broad and harmful requirements to report explicitly for domestic and sexual violence-related injuries without patient consent. Health providers have an important role in addressing violence, yet some actively avoid discussing domestic and sexual violence out of fear of having to make a report to law enforcement.
"Extensive research has been done on what survivors of domestic and sexual violence want from health care professionals: self determination and autonomy, validation and compassion, confidentiality and trust, and informed providers who are able to offer resources and health promotion strategies.
"AB 1028 will ensure that survivors can seek health care without fear of non-consensual law enforcement involvement and with the assurance that their health provider will be able to prioritize their wellness, healing, safety, and self-determination. Health providers will be able to address domestic and sexual violence in a confidential and trusting manner, and ensure access to advocacy services. Survivors will be offered a warm connection to a trained, confidential advocate who will work with them to address their different safety needs such as emergency safety planning, housing, legal support, counseling, restraining orders, and safer access to the legal system."
Arguments in Opposition
According to the San Diego County District Attorney's Office, "Mandated reporting laws for suspicious injuries including domestic violence have been in existence since the 1990s and have served their purpose well. These laws recognize the ugly truth about the dynamic of intimate partner violence, and that it is a crime of power and control, fear, and isolation. The escalation of a small push or slap can turn quickly into violent beatings and attacks with weapons, and even cause death. Fear, shame, embarrassment, loyalty, or exhaustion often prevents victims from calling for help or reporting the abuse. Most victims don't even report the abuse when they have been seriously injured. Domestic violence is most often not an isolated event, but rather part of a larger experience of violence and control within an intimate partner relationship.
"The current mandated reporting law is a safety net for victims of domestic violence when their abuser is so controlling that they don't want to call for help themselves. The current laws establish a minimum standard of care for health care providers and recognize that without intervention, violence often escalates in both frequency and severity result in repeat visits to healthcare systems or death.
"Health care providers serve as gatekeepers to identify and report abuse where the family members and the abused themselves may not. These reporting laws ensure that a victim is protected, even if the abuser stands in the lobby of the hospital, demanding the victim lie about the abuse. A physician is duty bound to report suspicious injuries under the current law if they reasonably suspect the injuries were as a result of "abusive or assaultive conduct." This current language is broad enough, yet specific enough, and encompasses enough of the dangerous conduct that we as a society want "checked" on by a larger community response including law enforcement, advocacy services, and social services.
"California has long protected it's most vulnerable by legislating mandated reporting for domestic violence and child abuse, and more recently elder abuse. This bill eliminates physician-mandated reporting for any physical injury due to domestic violence other than the small percentage of domestic violence cases that result in injuries from firearms. This means that domestic violence victims who are bruised, attacked, stabbed, strangled, tortured, or maimed or are injured with weapons other than firearms, would not receive the current protection the law affords.
"Additionally, the bill doesn't follow California's trend of broadening the duty to report and protect our most vulnerable victims. We have mandated reporting for child abuse, mandated reporting for domestic violence, and mandated reporting for elder abuse. The elder abuse mandated reporting laws previously only required reports of report physical abuse, but they have expanded to financial and mental abuse, neglect, and isolation. This progression shows California is more protective of its vulnerable, not less. Why would we go backwards?
"An example of how this bill would drastically diminish the victim voice includes the following: imagine an attempted murder case where a domestic violence abuser strangled the victim to the point of unconsciousness and stabbed the victim repeatedly and brings the victim to the hospital, hovers over the victim, directs the victim what to do and say, not to report that it was abuse, either impliedly or expressly, and silences the victim even in the lobby of the emergency room. This bill would leave this victim with no protection by the health care provider who stands at the ready to help and report the suspicious injuries to law enforcement when that victim says, "I don't know who did this to me."
"My county is the second largest in the state, and the 4th largest District Attorney's office in the nation. We see roughly 17,000 domestic violence incidents per year, and a subset of those only come to our attention because of the good work of health care providers doing their duty to report suspicious injuries. Domestic violence is already one of the most under reported crimes because of the dynamics of power and control within an intimate partner relationship. Why would we remove the very protection that helps give these victims a voice?"
FISCAL COMMENTS
According to the Assembly Appropriations Committee, "Likely no state costs. Possible non-reimbursable cost savings to county jails because this bill eliminates the duty of a health care practitioner to report known or suspected assaultive or abusive conduct. Failure to make the required report is a misdemeanor. To the extent health care workers are no longer required to notify law enforcement, there will be no resulting arrest and prosecution for their failure to do so.
"Unknown, potentially reimbursable costs to local public health agencies, clinics, and similar facilities to provide training, counseling, and education, and referrals to patients. Costs to the General Fund will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates."
VOTES
ASM PUBLIC SAFETY: 6-2-0
YES: Jones-Sawyer, Bonta, Bryan, Jackson, Santiago, Zbur
NO: Alanis, Lackey
ASM APPROPRIATIONS: 10-4-2
YES: Holden, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Robert Rivas, Wilson
NO: Megan Dahle, Dixon, Mathis, Sanchez
ABS, ABST OR NV: Bryan, Weber
UPDATED
VERSION: February 15, 2023
CONSULTANT: Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0000218
Date of Hearing: April 19, 2023
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Chris Holden, Chair
ABPCA Bill Id:AB 1028
Author:(McKinnor) – As Introduced Ver:February 15, 2023
Policy Committee: | Public Safety | Vote: | 6 - 2 |
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| ||
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Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill removes the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury that was caused by assaultive or abusive conduct. Instead, this bill requires the health practitioner to provide counseling, education, or other support; offer to make a direct connection between the patient and a survivor advocate; and offer a referral to domestic violence or sexual violence advocacy services.
FISCAL EFFECT:
Likely no state costs. Possible non-reimbursable cost savings to county jails because this bill eliminates the duty of a health care practitioner to report known or suspected assaultive or abusive conduct. Failure to make the required report is a misdemeanor. To the extent health care workers are no longer required to notify law enforcement, there will be no resulting arrest and prosecution for their failure to do so.
Unknown, potentially reimbursable costs to local public health agencies, clinics, and similar facilities to provide training, counseling, and education, and referrals to patients. Costs to the General Fund will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
COMMENTS:
- Purpose. According to the author:
AB 1028 will ensure survivors can access healthcare services by creating a survivor-centered, trauma-informed approach and limit non-consensual and potentially dangerous referrals to law enforcement. In addition, if a health provider knows or suspects a patient is experiencing any kind of domestic and sexual violence, not just physical, they will be required to offer a referral to a local domestic violence and sexual violence advocacy program or the National Domestic Violence hotline. This change will increase access to healthcare and ensure that survivors are provided the agency and information they need to be safe and healthy.
- Mandated Reporting. Penal Code section 11160 requires a health practitioner who treats a person who is suffering from specified injuries to report that fact immediately to local law enforcement authorities. The duty to report extends to many health care professionals including physicians, surgeons, psychiatrists, psychologists, dentists, medical residents, interns, marriage and family therapists, clinical social workers, emergency medical technicians, and paramedics, among others. The duty to report is triggered when a health practitioner knows or reasonably suspects that the patient is suffering from a wound or other physical injury that is the result of assaultive or abusive conduct caused by another person, or when the injury was caused by a firearm. A health practitioner is required to report assault or abuse regardless of patient consent. Failure to make the required report is a misdemeanor. This bill would eliminate the duty of a health care practitioner to report known or suspected assaultive or abusive conduct, and instead would require a health practitioner to counsel the victim and offer to directly connect the victim to an appropriate advocate.
This bill does not eliminate a health practitioner’s duty to report known or suspected child abuse and neglect, or their duty to report known or suspected abuse of an elder or a dependent adult. (See Penal Code section 11165.9, and Welfare and Institutions Code section 15630.)
- Argument in Support. According to Bay Area Legal Aid:
It is of critical importance that domestic and sexual violence survivors are able to safely seek care from their physicians and other health care providers. Health care providers may be the first line of support for abuse survivors, who often will not disclose abuse if they are not assured of confidentiality and safety. The current mandatory reporting law is disempowering for survivors and creates a chilling effect for some, who would refrain from seeking medical care or discussing abuse if it means a report will be made to the police regardless of their wishes.
- Argument in Opposition. According to the San Diego Deputy District Attorneys Association:
AB1028, presupposes that victims of domestic violent and sexual assault are less likely to seek medical care if the medical professionals administering treatment are mandatory reporters. The biggest issue with AB1028, however, is that in the majority of domestic violence cases, victims are unknowingly and unwillingly trapped in a cycle of domestic violence that places their life (and their children’s lives) in danger. While this law does not distinguish between domestic violence and sex assault cases, this proposed change will undoubtedly have the largest impact on these cases…What this bill fails to realize is that when a medical professional makes a report to law enforcement it opens the door for victims. It takes the burden off their shoulders. It removes the fear—and sometimes guilt—of having to be the person responsible for seeking law enforcement intervention.
- Prior Legislation. AB 2790 (Wicks), of the 2021-2022 Legislative session, was substantially similar to this bill. That bill was held in the Senate Appropriations Committee.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing:
Chief Counsel: Sandy Uribe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
ABPCA Bill Id:AB 1028
Author:(McKinnor) – As Introduced Ver:February 15, 2023
SUMMARY:
Eliminates the duty of a health care practitioner to report assaultive or abusive conduct to law enforcement when they suspect a patient has suffered physical injury caused by such conduct. Specifically, this bill:
- Limits a health practitioner’s duty to make a report of injuries to law enforcement to instances where a wound or injury is self-inflicted or caused by a firearm.
- Requires a health care practitioner, who in their professional capacity or within the scope of their employment, knows or reasonably suspects that their patient is experiencing any form of domestic violence or sexual violence, to provide brief counseling, education, or other support, and offer a “warm handoff” or referral to domestic violence or sexual violence advocacy services before the end of treatment, to the extent that it is medically possible.
- Provides that the health practitioner can satisfy the above requirement when the brief counseling, education, or other support is provided by, and warm hand off or referral is offered by, a member of the health care team.
- Allows the health practitioner to offer a warm handoff and referral to other available victim services, including, but not limited to, legal aid, community-based organizations, behavioral health, crime victim compensation, forensic evidentiary exams, trauma recovery centers, family justice centers, and law enforcement to patients who are suspected to have suffered any non-accidental injury.
- Defines “warm handoff” as including but not being limited to, the health practitioner establishing direct and live connection through a call with survivor advocate, in-person on site survivor advocate, in-person on-call survivor advocate, or some other form of teleadvocacy.
- Provides the patient may decline the “warm hand-off.”
- Provides that a “referral” may include, but is not limited to, the health practitioner sharing information about how a patient can get in touch with a local or national survivor advocacy organization, information about how the organization could be helpful for the patient, what the patient could expect when contacting the survivor organization, the survivor advocacy organizations contact information.
- Provides that nothing limits or overrides the ability of a health care practitioner to alert law enforcement to an imminent or serious threat to health or safety of an individual or the public, pursuant to the privacy rules of the federal Health Insurance Portability and Accountability Act of 1996 (HIPPA).
- Allows reporting of assaultive or abusive conduct when a patient requests.
- Gives health care practitioners immunity from criminal or civil liability arising from any required or authorized report.
- Contains legislative findings and declarations.
- Makes conforming cross-references.
EXISTING LAW:
- Requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is either self-inflicted, caused by a firearm, or caused by assaultive or abusive conduct, as specified. (Pen. Code, § 11160.)
- Punishes the failure of a health care practitioner to submit a mandated report by imprisonment in a county jail not exceeding six months, or by a fine not exceeding $1,000, or by both. (Pen. Code, § 11162.)
- Provides that a health practitioner who makes a report in accordance with these duties shall not incur civil or criminal liability as a result of any report. (Pen. Code, § 11161.9, subd. (a).)
- States that neither the physician-patient privilege nor the psychotherapist patient privilege apply in any court or administrative proceeding with regards to the information required to be reported. (Pen. Code, § 11163.2)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, “AB 1028 will ensure survivors can access healthcare services by creating a survivor-centered, trauma-informed approach and limit non-consensual and potentially dangerous referrals to law enforcement. In addition, if a health provider knows or suspects a patient is experiencing any kind of domestic and sexual violence, not just physical, they will be required to offer a referral to a local domestic violence and sexual violence advocacy program or the National Domestic Violence hotline. This change will increase access to healthcare and ensure that survivors are provided the agency and information they need to be safe and healthy.”
- Duty of Health Care Practitioners to Report Injuries: Penal Code section 11160 requires a health care practitioner who treats a person brought in to a health care facility or clinic who is suffering from specified injuries to report that fact immediately, by telephone and in writing, to the local law enforcement authorities. The duty to report extends to physicians and surgeons, psychiatrists, psychologists, dentists, medical residents, interns, podiatrists, chiropractors, licensed nurses, dental hygienists, optometrists, marriage and family therapists, clinical social workers, professional clinical counselors, emergency medical technicians, paramedics, and others. The duty to report is triggered when a health practitioner knows or reasonably suspects that the patient is suffering from a wound or other physical injury that is the result of assaultive or abusive conduct caused by another person, or when there is a gunshot wound or injury regardless of whether it is self-inflicted or one caused by another person. Health practitioners are required to report if these triggering conditions are met, regardless of patient consent. Failure to make the required report is a misdemeanor.
This bill would eliminate the duty of a health care practitioner to report known or suspected assaultive or abusive conduct. However, this bill specifies that nothing in its provisions limits or overrides the ability of a health care provider to report assaultive or abusive conduct at the patient’s request, or to alert law enforcement to an imminent and serious threat to health or safety of an individual pursuant to HIPPA.
A report by Futures Without Violence, a co-sponsor of this bill, notes with regards to mandated reporting laws:
Most U.S. states have enacted mandatory reporting laws, which require the reporting of specified injuries and wounds, and very few have mandated reporting laws specific to suspected abuse or domestic violence for individuals being treated by a health care professional. Mandatory reporting laws are distinct from elder abuse or vulnerable adult abuse and child abuse reporting laws, in that the individuals to be protected are not limited to a specific group, but pertain to all individuals to whom specific health care professionals provide treatment or medical care, or those who come before the health care facility. The laws vary from state-to-state, but generally fall into four categories: states that require reporting of injuries caused by weapons; states that mandate reporting for injuries caused in violation of criminal laws, as a result of violence, or through non-accidental means; states that specifically address reporting in domestic violence cases; and states that have no general mandatory reporting laws.
(Compendium of State and U.S. Territory Statutes and Policies on Domestic Violence and Health Care, Fourth Ed. 2019 at pp.2-3, available https://www.futureswithoutviolence.org/wp-content/uploads/Compendium-4th-Edition-2019-Final.pdf.)
A survey of state laws on reporting nationwide shows:
[O]nly two states have laws that specifically require mandated reporting of DV specifically (not just injuries) to law enforcement and that five states have exceptions for reporting injuries due to domestic violence. New Hampshire’s statute excuses a person from reporting if the victim is over 18, has been the victim of a sexual assault offense or abuse (defined in RSA 173-B:1), and objects to the release of any information to law enforcement. However, this exception does not apply if the victim of sexual assault or abuse is also being treated for a gunshot wound or other serious bodily injury. Oklahoma’s statute does not require reporting domestic abuse if the victim is over age 18 and is not incapacitated, unless the victim requests that the report be made orally or in writing. In all cases what is reported to be domestic abuse shall clearly and legibly be documented by the health care provider and any treatment provided. Pennsylvania’s statute states that failure to report such injuries when the act caused bodily injury (defined in § 2301) is not an offense if the victim is an adult; the injury was inflicted by an individual who is the current or former spouse or sexual or intimate partner; has been living as a spouse or who shares biological parenthood; the victim has been informed of the physician’s duty to report and that report cannot be made without the victim’s consent; the victim does not consent to the report; and the victim has been provided with a referral to the appropriate victim service agency. Tennessee’s statute excuses health care practitioners from reporting if the person is 18 years of age or older; objects to the release of any identifying information to law enforcement officials; and is a victim of a sexual assault offense or domestic abuse (defined in § 36-3-601). The exception does not apply and the injuries shall be reported if the injuries incurred by the sexual assault or domestic abuse victim are considered by the treating healthcare professional to be life threatening, or the victim is being treated for injuries inflicted by strangulation, a knife, pistol, gun, or other deadly weapon. Colorado’s statute provides an exception for reporting if the injuries are resulting from domestic violence and if the victim is at least 18 and does not wish the injury to be reported. This exception does not apply if the injury is from a firearm, knife, ice pick, or other sharp object. Compendium of State and U.S. Territory Statutes and Policies on Domestic Violence and Health Care Futures Without Violence Kentucky, North Dakota, and Washington also require that victims of domestic violence be given educational information related to support services. Kentucky’s statute states that professionals (including health professionals) must provide the victim with educational materials on domestic violence support services if the professional has cause to believe the patient has experienced domestic or dating violence. North Dakota’s statute requires that health professionals provide victims with information on support services when a report on domestic or sexual violence has been made. Washington’s statute requires that hospitals inform the patient of resources to ensure their safety if the patient has stated that their bullet, gunshot, or stab wound was the result of domestic violence. (Compendium, supra, at pp. 5-6.)
It should be noted that the duty to report known or suspected child abuse and neglect under the Child Abuse and Neglect Reporting Act, is separate from a health care practitioner’s duty to report injuries generally. (See Pen. Code, § 11164 et. seq.) This bill does not eliminate the duty of health care practitioners under that Act. Similarly, the duty to report known or suspected abuse of an elder or a dependent adult is also separate from a health care provider’s general duty to report injury. (See Welf. & Inst. Code, § 15360.) This bill also does not eliminate the duty of health care practitioners under those provisions of law.
- Argument in Support: According to the California Partnership to End Domestic Violence, a co-sponsor of this bill, “California law currently mandates that health professionals, when treating patients for physical injuries known or suspected to have been a result of violence, including domestic and sexual violence, make an immediate report to law enforcement. Although a well-intentioned attempt to ensure health care providers take domestic violence seriously and address it with their patients, mandatory reporting to law enforcement by health providers has no evidence of positive outcomes for survivors.
“The evidence suggests, however, that medical mandated reporting puts survivors in more danger. In a survey done by the National Domestic Violence Hotline, among DV survivors who had experienced mandatory reporting, 83.3% of survivors stated that mandatory reporting made their experience much worse, somewhat worse, or did nothing to improve the situation.
“Domestic and sexual violence can have long term negative health outcomes, so it is crucial that survivors are able to access health care. Mandatory reporting laws have been shown to keep survivors from seeking care, and when survivors do see a health provider, they often don’t feel comfortable bringing up their experiences of violence. This results in unaddressed health issues and missed opportunities to connect survivors to crucial advocacy services.
“Fear of involving law enforcement is a main reason survivors decide not to tell their health provider about domestic violence, or even seek care in the first place. According to a survey by the National Domestic Violence Hotline that documented survivors’ experiences with law enforcement, of survivors who chose to involve law enforcement by calling 911, only 20% said they felt safer - 80% said they had no change in safety or felt even less safe. There are many reasons why survivors don’t want to involve police: fear of angering their partner and increasing severity of violence, not wanting their partner to be arrested, being arrested for defending themselves, exposing themselves and their families to involvement with child
welfare systems, and more. Mandatory reporting laws also discourage immigrant survivors from seeking health care; research has shown that contact with law enforcement produces a chilling effect in asking for help or fear of reprisal from federal immigration authorities.
“While medical mandated reporting to law enforcement for firearm wounds is common in many states, California is one of only three states that still have such broad and harmful requirements to report explicitly for domestic and sexual violence-related injuries without patient consent. Health providers have an important role in addressing violence, yet some actively avoid discussing domestic and sexual violence out of fear of having to make a report to law enforcement.
“Extensive research has been done on what survivors of domestic and sexual violence want from health care professionals: self determination and autonomy, validation and compassion, confidentiality and trust, and informed providers who are able to offer resources and health promotion strategies.
“AB 1028 will ensure that survivors can seek health care without fear of non-consensual law enforcement involvement and with the assurance that their health provider will be able to prioritize their wellness, healing, safety, and self-determination. Health providers will be able to address domestic and sexual violence in a confidential and trusting manner, and ensure access to advocacy services. Survivors will be offered a warm connection to a trained, confidential advocate who will work with them to address their different safety needs such as emergency safety planning, housing, legal support, counseling, restraining orders, and safer access to the legal system.”
- Argument in Opposition: According to the San Diego County District Attorney’s Office, “Mandated reporting laws for suspicious injuries including domestic violence have been in existence since the 1990s and have served their purpose well. These laws recognize the ugly truth about the dynamic of intimate partner violence, and that it is a crime of power and control, fear, and isolation. The escalation of a small push or slap can turn quickly into violent beatings and attacks with weapons, and even cause death. Fear, shame, embarrassment, loyalty, or exhaustion often prevents victims from calling for help or reporting the abuse. Most victims don’t even report the abuse when they have been seriously injured. Domestic violence is most often not an isolated event, but rather part of a larger experience of violence and control within an intimate partner relationship.
“The current mandated reporting law is a safety net for victims of domestic violence when their abuser is so controlling that they don’t want to call for help themselves. The current laws establish a minimum standard of care for health care providers and recognize that without intervention, violence often escalates in both frequency and severity result in repeat visits to healthcare systems or death.
“Health care providers serve as gatekeepers to identify and report abuse where the family members and the abused themselves may not. These reporting laws ensure that a victim is protected, even if the abuser stands in the lobby of the hospital, demanding the victim lie about the abuse. A physician is duty bound to report suspicious injuries under the current law if they reasonably suspect the injuries were as a result of “abusive or assaultive conduct.” This current language is broad enough, yet specific enough, and encompasses enough of the dangerous conduct that we as a society want “checked” on by a larger community response including law enforcement, advocacy services, and social services.
“California has long protected it’s most vulnerable by legislating mandated reporting for domestic violence and child abuse, and more recently elder abuse. This bill eliminates physician-mandated reporting for any physical injury due to domestic violence other than the small percentage of domestic violence cases that result in injuries from firearms. This means that domestic violence victims who are bruised, attacked, stabbed, strangled, tortured, or maimed or are injured with weapons other than firearms, would not receive the current protection the law affords.
“Additionally, the bill doesn’t follow California’s trend of broadening the duty to report and protect our most vulnerable victims. We have mandated reporting for child abuse, mandated reporting for domestic violence, and mandated reporting for elder abuse. The elder abuse mandated reporting laws previously only required reports of report physical abuse, but they have expanded to financial and mental abuse, neglect, and isolation. This progression shows California is more protective of its vulnerable, not less. Why would we go backwards?
“An example of how this bill would drastically diminish the victim voice includes the following: imagine an attempted murder case where a domestic violence abuser strangled the victim to the point of unconsciousness and stabbed the victim repeatedly and brings the victim to the hospital, hovers over the victim, directs the victim what to do and say, not to report that it was abuse, either impliedly or expressly, and silences the victim even in the lobby of the emergency room. This bill would leave this victim with no protection by the health care provider who stands at the ready to help and report the suspicious injuries to law enforcement when that victim says, “I don’t know who did this to me.”
“My county is the second largest in the state, and the 4th largest District Attorney’s office in the nation. We see roughly 17,000 domestic violence incidents per year, and a subset of those only come to our attention because of the good work of health care providers doing their duty to report suspicious injuries. Domestic violence is already one of the most under reported crimes because of the dynamics of power and control within an intimate partner relationship. Why would we remove the very protection that helps give these victims a voice?”
- Related Legislation: AB 391 (Jones-Sawyer), would require non-mandated reporters of suspected child abuse to provide their name and phone number before a child abuse allegation can be transmitted to a local child protective services agency for investigation. AB 391 is pending in the Assembly Appropriations Committee.
- Prior Legislation: AB 2790 (Wicks), of the 2021-2022 Legislative session, was nearly identical to this bill. AB 2790 was held in the Senate Appropriations Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Academy on Violence and Abuse
Alliance for Boys and Men of Color
American College of Obstetricians and Gynecologists District Ix
Asian Americans for Community Involvement
Bay Area Legal Aid
California Lgbtq Health and Human Services Network
California Pan - Ethnic Health Network
California Partnership to End Domestic Violence
Citizens for Choice
Communities United for Restorative Youth Justice (CURYJ)
Community Solutions for Children, Families, and Individuals
Culturally Responsive Domestic Violence Network (CRDVN)
Deafhope
Ella Baker Center for Human Rights
Family Violence Appellate Project
Family Violence Law Center
Freefrom
Futures Without Violence
Haven Women's Center of Stanislaus
Initiate Justice
Korean American Family Services, INC.
La Defensa
Los Angeles Dependency Lawyers, INC.
Los Angeles LGBT Center
Loyola Law School, the Sunita Jain Anti-trafficking Initiative
Lumina Alliance
National Association of Social Workers, California Chapter
Ohio Domestic Violence Network
San Francisco Public Defender
Sheedy Consulting, LLC
The Collective Healing and Transformation Project
The Health Alliance for Violence Intervention
The W. Haywood Burns Institute
UC Irvine School of Law, Domestic Violence Clinic
Woman INC
Young Women's Freedom Center
Youth Leadership Institute
Opposition
Alliance for Hope International
California District Attorneys Association
California Sexual Assault Forensic Examiner Association
San Diegans Against Crime
San Diego County District Attorney's Office
San Diego Deputy District Attorneys Association
Yolo County District Attorney
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744
Discussed in Hearing
9MIN
Senate Standing Committee on Appropriations
27MIN
Senate Standing Committee on Public Safety
7MIN
Assembly Floor
23MIN
Assembly Standing Committee on Public Safety
Bill Author
