California 2011-2012 Regular Session Status: Enacted 1 D cosponsors

AB 1114 — Inmates: involuntary administration of psychotropic medications.

Last action — Chaptered by Secretary of State - Chapter 665, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 18, 2011. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law provides that a person sentenced to imprisonment in a state prison may be deprived of rights only as is reasonably related to legitimate penological interests. Existing law states that nothing in this provision shall be construed to permit the involuntary administration of psychotropic medication unless the process specified in Keyhea v. Rushen (1986) 178 Cal.App.3d 526 has been followed. Existing law further requires that this process be conducted by an administrative law judge. This bill would delete the provision regarding the medication process specified in Keyhea v. Rushen. The bill would instead provide that no inmate shall be administered psychotropic medication on a nonemergency basis without the inmate's informed consent, unless after a noticed hearing is conducted in which an administrative law judge determines by clear and convincing evidence that the inmate has a mental illness or disorder, that as a result of that illness the inmate is gravely disabled and lacks the capacity to consent or refuse treatment or is a danger to self or others if not medicated, that there is no less intrusive alternative to involuntary medication, and that the medication is in the inmate's best medical interest. The bill would provide that it is not intended to prohibit a physician from taking appropriate action in an emergency, as specified, and would require notice of a hearing to be filed with the Office of Administrative Hearings within 72 hours of administering medication on an emergency basis. When medication is administered on an emergency basis, the bill would require the hearing to commence within 21 days of the filing. The bill would provide that an order providing for the involuntary administration of psychotropic medication shall be valid for one year from the date the determination is made, and that the order may be renewed annually at subsequent hearings before an administrative law judge, as provided. In each case, this bill would require that the inmate be provided with written notice, as specified, and appointed counsel at least 21 days prior to the hearing. The bill would provide that an inmate is entitled to file one motion for reconsideration following a determination that he or she may receive involuntary medication and may seek a hearing to present new evidence, upon good cause shown. This bill would incorporate changes to Section 2600 of the Penal Code made by AB 109, which has been chaptered but is not operative, to become operative only if AB 109 becomes operative.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 665, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:30 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2920.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 3 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2187.).

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 8. Noes 0.) (August 15).

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 28).

  12. Referred to Com. on PUB. S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1567.)

  15. Read second time. Ordered to consent calendar.

  16. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 18).

  17. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 3). Re-referred to Com. on APPR.

  18. Re-referred to Com. on JUD.

  19. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  20. In committee: Set, first hearing. Hearing canceled at the request of author.

  21. From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (April 12). Re-referred to Com. on JUD.

  22. Re-referred to Com. on PUB. S.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  24. Referred to Coms. on PUB. S. and JUD.

  25. From printer. May be heard in committee March 22.

  26. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1114 LOWENTHAL Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Garrick — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Knight — Yea
John A. Pérez — Yea
Mitchell — Yea
Atkins — Yea
Miller — Yea
Carter — Yea
Cedillo — Yea
Chesbro — Yea
Donnelly — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Portantino — Yea
Furutani — Yea
Valadao — Yea
Ammiano — Yea
Yamada — Yea
Allen — Yea
Campos — Yea
Feuer — Yea
Halderman — Yea
Conway — Yea
Silva — Yea
Swanson — Yea
Wieckowski — Yea
Williams — Yea
Gordon — Yea
Hall — Yea
Hayashi — Yea
Bonilla — Yea
Nestande — Yea
Nielsen — Yea
Norby — Yea
Torres — Yea
Gorell — Not Voting
Fong — Yea
Fuentes — Yea
Gatto — Yea
Mendoza — Not Voting
Fletcher — Yea
Lara — Yea
Ma — Yea
Morrell — Yea
Smyth — Yea
Monning — Yea
Alejo — Yea
Achadjian — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huffman — Yea
Jeffries — Yea
Logue — Yea
Mansoor — Yea
Olsen — Yea
Solorio — Yea
Wagner — Yea
Cook — Yea
Eng — Yea
Davis — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1114 Bonnie Lowenthal By Hancock

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Republican 1000
Democratic 2000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Evans — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Harman — Not Voting
Hernandez — Yea
Huff — Yea
Rubio — Yea
Cannella — Yea
Negrete McLeod — Not Voting
Anderson — Yea
Blakeslee — Yea
Corbett — Yea
Dutton — Yea
Leno — Yea
Liu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Vargas — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Kehoe — Yea
Lieu — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Pavley — Yea
Price — Yea
Emmerson — Yea

Official roll call →

AB 1114 LOWENTHAL Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 1001
Democratic 1000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Hall — Yea
Fuentes — Yea
Galgiani — Yea
Butler — Yea
Garrick — Yea
Gatto — Yea
Hagman — Yea
Fong — Yea
Allen — Yea
Hayashi — Yea
Hill — Yea
Hueso — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Ammiano — Yea
Blumenfield — Yea
Carter — Yea
Conway — Yea
Cook — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Nestande — Yea
Olsen — Yea
Perea — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Bonilla — Yea
Gordon — Yea
Halderman — Yea
Mendoza — Yea
Monning — Yea
Beall — Yea
Chesbro — Yea
Dickinson — Yea
Norby — Yea
Torres — Yea
Atkins — Yea
Campos — Not Voting
Gorell — Not Voting
Cedillo — Not Voting
Donnelly — Yea
Morrell — Yea
Solorio — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Lara — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Nielsen — Yea
Pan — Yea
Swanson — Yea
Wieckowski — Yea
Eng — Yea
Feuer — Yea
Davis — Not Voting
Furutani — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Gatto — Yea
Mitchell — Yea
Campos — Yea
Davis — Yea
Donnelly — Yea
Lara — Yea
Solorio — Yea
Blumenfield — Yea
Bradford — Yea
Harkey — Yea
Hill — Yea
Nielsen — Yea
Smyth — Yea
Wagner — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1114 do?
Existing law provides that a person sentenced to imprisonment in a state prison may be deprived of rights only as is reasonably related to legitimate penological interests. Existing law states that nothing in this provision shall be construed to permit the involuntary administration of psychotropic medication unless the process specified in Keyhea v. Rushen (1986) 178 Cal.App.3d 526 has been followed. Existing law further requires that this process be conducted by an administrative law judge. This bill would delete the provision regarding the medication process specified in Keyhea v. Rushen. The bill would instead provide that no inmate shall be administered psychotropic medication on a nonemergency basis without the inmate's informed consent, unless after a noticed hearing is conducted in which an administrative law judge determines by clear and convincing evidence that the inmate has a mental illness or disorder, that as a result of that illness the inmate is gravely disabled and lacks the capacity to consent or refuse treatment or is a danger to self or others if not medicated, that there is no less intrusive alternative to involuntary medication, and that the medication is in the inmate's best medical interest. The bill would provide that it is not intended to prohibit a physician from taking appropriate action in an emergency, as specified, and would require notice of a hearing to be filed with the Office of Administrative Hearings within 72 hours of administering medication on an emergency basis. When medication is administered on an emergency basis, the bill would require the hearing to commence within 21 days of the filing. The bill would provide that an order providing for the involuntary administration of psychotropic medication shall be valid for one year from the date the determination is made, and that the order may be renewed annually at subsequent hearings before an administrative law judge, as provided. In each case, this bill would require that the inmate be provided with written notice, as specified, and appointed counsel at least 21 days prior to the hearing. The bill would provide that an inmate is entitled to file one motion for reconsideration following a determination that he or she may receive involuntary medication and may seek a hearing to present new evidence, upon good cause shown. This bill would incorporate changes to Section 2600 of the Penal Code made by AB 109, which has been chaptered but is not operative, to become operative only if AB 109 becomes operative.
Who sponsors AB 1114?
AB 1114 is sponsored by Lowenthal, Josh (Democratic).
What is the current status of AB 1114?
This bill has been enacted into law. Introduced February 18, 2011. Enacted.
Where can I track AB 1114?
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