California 2019-2020 Regular Session Status: To Executive 1 D cosponsors

AB 294 — Correctional facilities: gassing.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2019-2020 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 defines the act of "gassing," in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the person's skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request that the inmate be tested for HIV and hepatitis, subject to specified criteria and procedures. This bill would authorize an officer or employee who is the victim of a reported or suspected gassing attack to request that the inmate involved with the attack be tested for hepatitis and tuberculosis, as specified. The bill would require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff. The bill would also require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officer's uniform that has been soiled in a gassing attack. The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation, as specified. Existing law authorizes an inmate of a correctional institution to request testing for HIV or hepatitis B or C of another inmate of that institution if the inmate has reason to believe that the inmate has come into contact with the bodily fluids of the other inmate. This bill would authorize a person sentenced to a state prison or county jail to receive an examination for HIV or hepatitis B or C if the inmate has been exposed to the bodily fluids of another inmate. The bill would require the warden of a state prison and the county sheriff or administrator of a county jail to post a notice relating to the rights of a victim of a gassing attack and to provide a notice to an officer, employee, or inmate of the facility or jail who is the victim of the attacks, informing them of their rights. The bill would also require a state prison and a county jail to document specified information relating to those attacks. By creating new duties for sheriffs and county jail administrators, this 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, 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. Consideration of Governor's veto stricken from file.

  2. Vetoed by Governor.

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

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3378.).

  5. Assembly Rule 77 suspended. (Page 3370.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2773.).

  8. Read second time. Ordered to third reading.

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

  10. Read second time. Ordered to third reading.

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

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

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

  14. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 11).

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

  16. In committee: Hearing postponed by committee.

  17. Referred to Com. on PUB. S.

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

  19. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 1251.)

  20. Read second time. Ordered to third reading.

  21. From committee: Do pass. (Ayes 17. Noes 0.) (April 3).

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 12). Re-referred to Com. on APPR.

  23. Coauthors revised.

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

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

  26. Referred to Com. on PUB. S.

  27. From printer. May be heard in committee February 28.

  28. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

  • Rodriguez

Co-sponsors (1)

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

AB 294 Rodriguez Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 52000
Democratic 22000
Republican 5000
Total 79000
% of votes cast 100%0%0%0%
How each member voted (79)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Fong — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB294 Rodriguez et al. By Caballero

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 10000
Republican 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 5000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Portantino — Yea
Bates — Yea
Hill — Yea
Bradford — Yea
Durazo, Maria Elena Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 294 Rodriguez Assembly Third Reading

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 47001
Republican 7000
Democratic 24001
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Mathis — Yea
Cooley — Yea
Diep — Yea
Chau — Yea
Quirk — Yea
Low — Yea
Burke — Yea
Cooper — Yea
Rendon — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Bloom — Yea
Voepel — Yea
Rodriguez — Yea
Chiu — Yea
Gray — Yea
Maienschein — Yea
Mullin — Yea
Kamlager-Dove — Yea
Medina — Yea
Chu — Yea
Ting — Yea
McCarty — Yea
O'Donnell — Yea
Waldron — Yea
Salas — Yea
Brough — Yea
Gloria — Yea
Obernolte — Yea
Holden — Yea
Daly — Yea
Jones-Sawyer — Yea
Friedman — Yea
Nazarian — Yea
Weber — Yea
Kiley — Yea
Mayes — Yea
Frazier — Yea
Bigelow — Yea
Santiago — Yea
Eggman — Yea
Levine — Yea
Wood — Yea
Melendez — Yea
Cristina Garcia — Yea
Eduardo Garcia — Not Voting
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse 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
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy 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
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 7000
Unaffiliated 10001
Total 17001
% of votes cast 94%0%0%6%
How each member voted (18)
Member Party Vote
Bloom — Yea
Friedman — Yea
Brough — Yea
Obernolte — Yea
Quirk — Yea
Bigelow — Yea
Eggman — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Maienschein — Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Rivas, Robert Democratic Yea

Official roll call →

Subjects

public-safety labor
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Frequently asked questions

What does AB 294 do?
Existing law defines the act of "gassing," in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the person's skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request that the inmate be tested for HIV and hepatitis, subject to specified criteria and procedures. This bill would authorize an officer or employee who is the victim of a reported or suspected gassing attack to request that the inmate involved with the attack be tested for hepatitis and tuberculosis, as specified. The bill would require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff. The bill would also require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officer's uniform that has been soiled in a gassing attack. The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation, as specified. Existing law authorizes an inmate of a correctional institution to request testing for HIV or hepatitis B or C of another inmate of that institution if the inmate has reason to believe that the inmate has come into contact with the bodily fluids of the other inmate. This bill would authorize a person sentenced to a state prison or county jail to receive an examination for HIV or hepatitis B or C if the inmate has been exposed to the bodily fluids of another inmate. The bill would require the warden of a state prison and the county sheriff or administrator of a county jail to post a notice relating to the rights of a victim of a gassing attack and to provide a notice to an officer, employee, or inmate of the facility or jail who is the victim of the attacks, informing them of their rights. The bill would also require a state prison and a county jail to document specified information relating to those attacks. By creating new duties for sheriffs and county jail administrators, this 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, 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 294?
AB 294 is sponsored by Rodriguez and Boerner, Tasha (Democratic).
What is the current status of AB 294?
This bill died with 2019-2020 Regular Session. It reached “To Executive” 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 294?
Track AB 294 free on One Click Politics — get push/email alerts when it moves.

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