California 2015-2016 Regular Session Status: Passed Senate

SB 938 — Conservatorships: psychotropic medications and secured perimeter facilities.

Last action — Ordered to inactive file on request of Assembly Member Calderon.

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

This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes a conservator to place a conservatee in a secured perimeter residential care facility for the elderly, as specified, or to authorize the administration of certain prescribed medications upon a court's finding that among other things, the conservatee has dementia and a functional impairment. Existing law requires certain findings to be made by the court for each type of authority sought by the conservator and requires a petition for authority to be supported by a declaration of a licensed physician or psychologist, as specified, regarding these findings. This bill would replace references to the term dementia in these provisions with major neurocognitive disorders (MNCDs) , as defined. The bill would require a petition requesting the authority to administer psychotropic medications, as defined, to be supported by a declaration of a physician that includes specified information, including, among other things, the recommended course of medication, the expected effects of the recommended medication on the conservatee's overall mental health and treatment plan, including how the medication is expected to improve the conservatee's symptoms, and a description of the potential side effects of the recommended medication. The bill would revise the court findings required for placement in a secured perimeter facility. The bill would require the Judicial Council, on or before July 1, 2017, to adopt rules of court and develop appropriate forms for the implementation of these provisions, as specified. The bill would make related changes and additional findings and declarations of the Legislature.

Bill Text

Action History

  1. Ordered to inactive file on request of Assembly Member Calderon.

  2. Ordered to third reading.

  3. Read third time and amended. (Ayes 73. Noes 0. Page 5951.)

  4. Read second time. Ordered to third reading.

  5. Read second time and amended. Ordered to second reading.

  6. From committee: Do pass as amended. (Ayes 18. Noes 0.) (August 3).

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

  8. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 28).

  9. Referred to Com. on JUD.

  10. In Assembly. Read first time. Held at Desk.

  11. Read third time. Passed. (Ayes 39. Noes 0. Page 4148.) Ordered to the Assembly.

  12. Ordered to special consent calendar.

  13. Read second time and amended. Ordered to third reading.

  14. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 4000.) (May 27).

  15. Set for hearing May 27.

  16. April 11 hearing: Placed on APPR. suspense file.

  17. Set for hearing April 11.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3336.) (March 29). Re-referred to Com. on APPR.

  19. Set for hearing March 29.

  20. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  21. Referred to Com. on JUD.

  22. From printer. May be acted upon on or after March 4.

  23. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Jackson · Primary
  • Wieckowski · Cosponsor

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Jackson

Co-sponsors (1)

  • Wieckowski

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

SB 938 Jackson Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Brown — Yea
Holden — Not Voting
Kim — Not Voting
Low — Yea
Maienschein — Yea
Mathis — Not Voting
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Cooper — Yea
Gatto — Yea
Olsen — Yea
Salas — Yea
Burke — Yea
Bonilla — Yea
Gomez — Yea
Gordon — Yea
Gray — Yea
Hadley — Yea
Harper — Yea
Lopez — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Campos — Yea
Atkins — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Not Voting
Baker — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Not Voting
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Frazier — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 0002
Total 18002
% of votes cast 90%0%0%10%
How each member voted (20)
Member Party Vote
Bloom — Yea
Wagner — Yea
Wood — Yea
Eggman — Yea
Chang — Yea
Chau — Yea
Holden — Yea
Bonilla — Yea
Daly — Yea
Bigelow — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Special Consent #

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Nielsen — Yea
Pavley — Yea
Vidak — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Hancock — Yea
Mitchell — Yea
De León — Yea
Hertzberg — Yea
Beall — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Runner — Not Voting
Huff — Yea
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Nielsen — Yea
Lara — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Yea
De León — Yea
Bates — Yea
Beall — Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does SB 938 do?
Existing law authorizes a conservator to place a conservatee in a secured perimeter residential care facility for the elderly, as specified, or to authorize the administration of certain prescribed medications upon a court's finding that among other things, the conservatee has dementia and a functional impairment. Existing law requires certain findings to be made by the court for each type of authority sought by the conservator and requires a petition for authority to be supported by a declaration of a licensed physician or psychologist, as specified, regarding these findings. This bill would replace references to the term dementia in these provisions with major neurocognitive disorders (MNCDs) , as defined. The bill would require a petition requesting the authority to administer psychotropic medications, as defined, to be supported by a declaration of a physician that includes specified information, including, among other things, the recommended course of medication, the expected effects of the recommended medication on the conservatee's overall mental health and treatment plan, including how the medication is expected to improve the conservatee's symptoms, and a description of the potential side effects of the recommended medication. The bill would revise the court findings required for placement in a secured perimeter facility. The bill would require the Judicial Council, on or before July 1, 2017, to adopt rules of court and develop appropriate forms for the implementation of these provisions, as specified. The bill would make related changes and additional findings and declarations of the Legislature.
Who sponsors SB 938?
SB 938 is sponsored by Jackson and Wieckowski.
What is the current status of SB 938?
This bill died with 2015-2016 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 938?
Track SB 938 free on One Click Politics — get push/email alerts when it moves.

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