California 2017-2018 Regular Session Status: Passed Assembly Bipartisan · 1 R · 1 D cosponsors

AB 1971 — Mental health services: involuntary detention: gravely disabled.

Last action — Ordered to inactive file at the request of Senator Stern.

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

This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or is gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. For these purposes, existing law defines "gravely disabled" to mean either a condition in which a person, as a result of a mental health disorder or chronic alcoholism, is unable to provide for his or her basic personal needs for food, clothing, or shelter, or a condition in which a person has been found mentally incompetent, as specified. Existing law also provides immunity from civil and criminal liability for the detention by specified licensed general acute care hospitals, licensed acute psychiatric hospitals, licensed professional staff at those hospitals, or any physician and surgeon providing emergency medical services in any department of those hospitals if various conditions are met, including that the detained person cannot be safely released from the hospital because, in the opinion of treating staff, the person, as a result of a mental health disorder, presents a danger to himself or herself, or others, or is gravely disabled, as defined. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant is committed to a facility for treatment. If the defendant is gravely disabled, as defined above, upon his or her return to the committing court, existing law requires the court to order the conservatorship investigator of the county to initiate conservatorship proceedings on the basis that the indictment or information pending against the person charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person. This bill would, until January 1, 2024, expand the definition of "gravely disabled" for these purposes, as implemented in the County of Los Angeles, to also include a condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for medical treatment, if the failure to receive medical treatment, as defined, results in a deteriorating physical condition that a medical professional, in his or her best medical judgment, attests in writing, will more likely than not, lead to death within 6 months, as specified. The bill would, on or before January 1, 2023, require the County of Los Angeles to submit a report to the Legislature evaluating the impact of the county's implementation of the above-mentioned provisions of the Lanterman-Petris-Short Act between January 1, 2019, and June 30, 2022, inclusive, with the expanded definition of "gravely disabled." The bill would also make certain legislative findings and declarations related to mental health. By expanding the above definition of "gravely disabled" in, and imposing new duties on, the County of Los Angeles, the bill would increase the duties on local agencies, and would therefore impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Ordered to inactive file at the request of Senator Stern.

  2. Read second time. Ordered to third reading.

  3. From committee: Do pass. (Ayes 5. Noes 1.) (August 16).

  4. In committee: Referred to APPR. suspense file.

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

  6. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 26).

  7. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 2.) (June 20). Re-referred to Com. on JUD.

  8. Referred to Coms. on HEALTH and JUD.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 5468.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 16. Noes 0.) (May 25).

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

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (April 10).

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

  18. Re-referred to Com. on HEALTH.

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

  20. Referred to Com. on HEALTH.

  21. From printer. May be heard in committee March 3.

  22. Read first time. To print.

Sponsors

  • Acosta · Cosponsor
  • Phillip Chen · Cosponsor
  • Dodd · Cosponsor
  • Friedman · Cosponsor
  • Maienschein · Cosponsor
  • Mayes · Cosponsor
  • McCarty · Cosponsor
  • Santiago · Primary
  • Henry I. Stern · Cosponsor

Sponsorship breakdown

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1 sponsors · 8 co-sponsors · 113 not signed on

Sponsors (1)

  • Santiago

Co-sponsors (8)

Not signed on (113)

113 members have not signed on to this bill.

Show all 113 →

"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

Do pass

Passed 5 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4101
Democratic 1000
Total 5101
% of votes cast 71%14%0%14%
How each member voted (7)
Member Party Vote
Bates — Not Voting
Hill — Yea
Nielsen — Yea
Portantino — Yea
Beall — Nay
Bradford — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Placed on suspense file

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
Portantino — Yea
Beall — Yea
Bradford — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1971 SANTIAGO Assembly Third Reading

Passed 75 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 54003
Democratic 15000
Republican 6000
Total 75003
% of votes cast 96%0%0%4%
How each member voted (78)
Member Party Vote
Acosta — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Kamlager-Dove — Not Voting
Levine — Yea
Medina — Yea
O'Donnell — Yea
Steinorth — Yea
Voepel — Yea
Chiu — Yea
Burke — Yea
Frazier — Yea
Gloria — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Jones-Sawyer — Yea
Fong — Yea
Salas — Yea
Kiley — Yea
Low — Yea
Mathis — Yea
Gray — Yea
Mayes — Yea
Rubio — Yea
Chu — Yea
Cunningham — Yea
Daly — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Harper — Yea
Maienschein — Yea
McCarty — Yea
Obernolte — Yea
Bigelow — Yea
Chávez — Yea
Cooley — Not Voting
Waldron — Yea
Cooper — Yea
Eggman — Not Voting
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 3000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Eggman — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Nazarian — Yea
Obernolte — Yea
Chau — Yea
Quirk — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 11000
Republican 1000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
McCarty — Yea
Santiago — Yea
Burke — Yea
Mayes — Yea
Bigelow — Yea
Nazarian — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Wood — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Bonta, Mia Democratic Yea
Limón, Monique Democratic Yea
Flora, Heath Republican Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 1971 do?
Existing law, the Lanterman-Petris-Short Act, authorizes the involuntary commitment and treatment of persons with specified mental health disorders for the protection of the persons so committed. Under the act, if a person, as a result of a mental health disorder, is a danger to others, or to himself or herself, or is gravely disabled, he or she may, upon probable cause, be taken into custody by a peace officer, a member of the attending staff of an evaluation facility, designated members of a mobile crisis team, or another designated professional person, and placed in a facility designated by the county and approved by the State Department of Social Services as a facility for 72-hour treatment and evaluation. For these purposes, existing law defines "gravely disabled" to mean either a condition in which a person, as a result of a mental health disorder or chronic alcoholism, is unable to provide for his or her basic personal needs for food, clothing, or shelter, or a condition in which a person has been found mentally incompetent, as specified. Existing law also provides immunity from civil and criminal liability for the detention by specified licensed general acute care hospitals, licensed acute psychiatric hospitals, licensed professional staff at those hospitals, or any physician and surgeon providing emergency medical services in any department of those hospitals if various conditions are met, including that the detained person cannot be safely released from the hospital because, in the opinion of treating staff, the person, as a result of a mental health disorder, presents a danger to himself or herself, or others, or is gravely disabled, as defined. Existing law prohibits a person from being tried or adjudged to punishment while that person is mentally incompetent. Existing law establishes a process by which a defendant's mental competency is evaluated and by which the defendant is committed to a facility for treatment. If the defendant is gravely disabled, as defined above, upon his or her return to the committing court, existing law requires the court to order the conservatorship investigator of the county to initiate conservatorship proceedings on the basis that the indictment or information pending against the person charges a felony involving death, great bodily harm, or a serious threat to the physical well-being of another person. This bill would, until January 1, 2024, expand the definition of "gravely disabled" for these purposes, as implemented in the County of Los Angeles, to also include a condition in which a person, as a result of a mental health disorder, is unable to provide for his or her basic personal needs for medical treatment, if the failure to receive medical treatment, as defined, results in a deteriorating physical condition that a medical professional, in his or her best medical judgment, attests in writing, will more likely than not, lead to death within 6 months, as specified. The bill would, on or before January 1, 2023, require the County of Los Angeles to submit a report to the Legislature evaluating the impact of the county's implementation of the above-mentioned provisions of the Lanterman-Petris-Short Act between January 1, 2019, and June 30, 2022, inclusive, with the expanded definition of "gravely disabled." The bill would also make certain legislative findings and declarations related to mental health. By expanding the above definition of "gravely disabled" in, and imposing new duties on, the County of Los Angeles, the bill would increase the duties on local agencies, and would therefore impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 1971?
AB 1971 is sponsored by Acosta, Chen, Phillip (Republican), Dodd, Friedman, Maienschein, Mayes, McCarty, Santiago, and Stern, Henry I. (Democratic).
What is the current status of AB 1971?
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” 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 AB 1971?
Track AB 1971 free on One Click Politics — get push/email alerts when it moves.

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