AB 602 — Mentally and developmentally disabled persons: reporting abuse.

Summary

Existing law requires the Commission on Peace Officer Standards and Training, in the Department of Justice, to establish and keep updated a continuing education classroom training course relating to law enforcement intervention with mentally disabled persons and requires the course to be developed in consultation with specified groups and entities. Existing law requires the commission to submit a report to the Legislature that contains specified information regarding this training. This bill would require the commission to establish, by July 1, 2015, and keep updated a training course relating to law enforcement interaction with mentally disabled or developmentally disabled persons living within a state mental hospital or state developmental center, as specified. The training course would be required for law enforcement personnel in law enforcement agencies with jurisdiction over state mental health hospitals and state developmental centers, as part of the agency's officer training program. By creating new duties for local officials, this bill would impose a state-mandated local program. Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse, as defined. Existing law requires a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, or to the local enforcement agency if the suspected or alleged abuse occurred in a state mental hospital or state developmental center. Existing law also requires mandated reporters in the State Department of Developmental Services to immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. Failure to make a report as required by existing law is a misdemeanor. This bill would instead require a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, and also to the local enforcement agency, as specified, if the suspected or alleged abuse or neglect occurred in a state mental hospital or state developmental center and resulted in any specified incidents, including a death or a sexual assault. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. This bill would also remove the requirement that mandated reporters in the State Department of Developmental Services immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. This bill would also require a local law enforcement agency to coordinate efforts with the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services to provide a response to investigate reports received pursuant to specified provisions. By creating new duties for local officials, this bill would impose a state-mandated local program. Existing law requires a developmental center to immediately report resident deaths and certain serious injuries, including a sexual assault, to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located. This bill would specify that a developmental center is required to report that information immediately, but no later than within 2 hours of the mandated reporter observing, obtaining knowledge of, or suspecting abuse. This bill would incorporate additional changes in Section 4427.5 of the Welfare and Institutions Code made by SB 651, to become operative if SB 651 and this bill are both enacted and become effective on or before January 1, 2014, and this bill is enacted last. 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.

Bill Text

• Chaptered 10/09/13 - Chaptered Current pdf October 09, 2013
• Enrolled 09/16/13 - Enrolled pdf September 16, 2013
• Amended 09/03/13 - Amended Senate pdf September 03, 2013
• Amended 08/12/13 - Amended Senate pdf August 12, 2013
• Amended 05/24/13 - Amended Assembly pdf May 24, 2013
• Amended 04/01/13 - Amended Assembly pdf April 01, 2013
• Introduced 02/20/13 - Introduced pdf February 20, 2013
• AB602 View text html

Action History

1. October 10, 2013

   Chaptered by Secretary of State - Chapter 673, Statutes of 2013.

2. October 09, 2013

   Approved by the Governor.

3. September 20, 2013

   Enrolled and presented to the Governor at 4 p.m.

4. September 10, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3105.).

5. September 10, 2013

   Assembly Rule 63 suspended. (Ayes 53. Noes 25. Page 3064.)

6. September 10, 2013

   Assembly Rule 77 suspended. (Ayes 53. Noes 25. Page 3064.)

7. September 09, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 11 pursuant to Assembly Rule 77.

8. September 09, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2254.).

9. September 04, 2013

   Read second time. Ordered to third reading.

10. September 03, 2013

    Read third time and amended. Ordered to second reading.

11. September 03, 2013

    Read second time. Ordered to third reading.

12. August 30, 2013

    From committee: Do pass. (Ayes 7. Noes 0.) (August 30).

13. August 13, 2013

    In committee: Placed on APPR. suspense file.

14. August 12, 2013

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

15. June 26, 2013

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 6. Noes 0.) (June 25). Re-referred to Com. on APPR.

16. June 18, 2013

    From committee: Do pass and re-refer to Com. on HUMAN S. (Ayes 6. Noes 0.) (June 18). Re-referred to Com. on HUMAN S.

17. June 13, 2013

    Referred to Coms. on PUB. S. and HUMAN S.

18. May 29, 2013

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

19. May 29, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1749.)

20. May 28, 2013

    Read second time. Ordered to third reading.

21. May 24, 2013

    Read second time and amended. Ordered to second reading.

22. May 24, 2013

    From committee: Do pass as amended. (Ayes 17. Noes 0.) .

23. April 10, 2013

    In committee: Set, first hearing. Referred to APPR. suspense file.

24. April 03, 2013

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 2). Re-referred to Com. on APPR.

25. April 02, 2013

    Re-referred to Com. on PUB. S.

26. April 01, 2013

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

27. March 04, 2013

    Referred to Com. on PUB. S.

28. February 21, 2013

    From printer. May be heard in committee March 23.

29. February 20, 2013

    Read first time. To print.

Sponsors

• Gorell · Cosponsor
• Yamada · Primary

Votes

Subjects