AB 2318: Law enforcement: facilitating medical care.

Existing law generally provides for the regulation of law enforcement agencies and requires specified law enforcement agencies to maintain policies on, among other things, use of force, hate crimes, and gun violence restraining orders. Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with certain conditions.

This bill would require law enforcement, as defined, to ensure that a medical professional is allowed reasonable access to provide emergency care once the scene of an incident is secure. The bill would make it unlawful for law enforcement to deny, delay, obstruct, or fail to facilitate access to a medical evaluation or treatment for an individual in custody or detention, or under law enforcement control, as specified. The bill would require law enforcement, if disclosure would not compromise an ongoing investigation or officer safety, to provide documentation, as specified, identifying the basis for denying or delaying access to medical treatment to specified entities within 72 hours of the incident, as specified. The bill would authorize various punishments against a law enforcement officer who violates those provisions including, among other things, administrative discipline and criminal prosecution. make it unlawful for a law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual in custody, detention, or under law enforcement control if it is safe and reasonable to provide access to treatment and a medical professional is present or has been requested. If access is denied or delayed when a medical professional is present, the bill would require law enforcement to provide written documentation for the basis of a denial within 72 hours of the incident, as specified. The bill would authorize administrative discipline, including suspension or termination, against a law enforcement officer who violates those provisions. The bill would require the Commission on Peace Officer Standards and Training to incorporate guidance on those provisions into law enforcement training curricula. By creating a new crime and by increasing the duties on local law enforcement relating to reporting, the 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.