California 2015-2016 Regular Session Status: To Executive

AB 193 — Mental health: conservatorship hearings.

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 2015-2016 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism, and requires an officer, including a county public guardian or a county mental health program, to conduct a conservatorship investigation and render a written report to the court of his or her investigation. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment for a gravely disabled person may recommend a conservatorship for that person, and the agency is required to disclose any records or information that may facilitate an investigation. Existing law requires the officer providing conservatorship investigation, when he or she concurs with the recommendation of the professional person or facility, to petition the superior court in the patient's county of residence for a conservatorship. Existing law also provides for the establishment of a conservatorship for a person who is unable to properly provide for his or her personal needs or is substantially unable to manage his or her finances. This bill would authorize the court, if a conservatorship has already been established under the Probate Code, and after a hearing attended by the conservatee, unless he or she waives presence, and the conservatee's counsel, to order an investigation from the officer providing conservatorship investigation if the court, in consultation with a licensed physician or psychologist, as specified, providing comprehensive evaluation or intensive treatment, determines, in a specified proceeding, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept, or is incapable of accepting, treatment voluntarily. The bill would also require the court to appoint counsel to a conservatee if he or she cannot afford counsel. The bill would require the officer providing conservatorship investigation to petition the superior court in the patient's county of residence to establish conservatorship if he or she concurs with the conservatorship investigation order of the court, and to file a copy of his or her report with the court. The bill would require a conservator to disclose any records or information that may facilitate the investigation. The bill would also make conforming changes. By expanding the duties of the county officer providing conservatorship investigation, 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 these statutory provisions.

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 11:30 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2996.).

  5. Assembly Rule 77 suspended. (Page 2990.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2588.).

  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 27).

  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 30).

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

  16. Referred to Com. on JUD.

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

  18. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1798.)

  19. Read second time. Ordered to third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

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

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 21). Re-referred to Com. on APPR.

  24. Re-referred to Com. on JUD.

  25. Read second time and amended.

  26. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 16. Noes 0.) (April 7).

  27. Referred to Coms. on HEALTH and JUD.

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

  29. Read first time. To print.

Sponsors

  • Chávez · Cosponsor
  • Cooley · Cosponsor
  • Maienschein · Primary
  • Mathis · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Maienschein

Co-sponsors (3)

  • Chávez
  • Cooley
  • Mathis

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 193 MAIENSCHEIN Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 4001
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Dababneh — Yea
Daly — Yea
Frazier — Yea
Salas — Yea
Mayes — Yea
Cooper — Yea
Weber — Yea
Williams — Yea
Burke — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Harper — Yea
Holden — Yea
Campos — Yea
Kim — Yea
Levine — Yea
Gray — Yea
Low — Yea
McCarty — Yea
Atkins — Yea
Chang — Yea
Bonilla — Yea
Medina — Yea
Lopez — Yea
Melendez — Yea
Alejo — Yea
Bigelow — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Dodd — Yea
Nazarian — Yea
Obernolte — Yea
Perea — Yea
Ridley-Thomas — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Wilk — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — 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 Not Voting

Official roll call →

3rd Reading AB193 Maienschein By Hertzberg

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
Beall — Yea
Block — Yea
Huff — Yea
Liu — Yea
Monning — Yea
Morrell — Yea
Pavley — Yea
Wieckowski — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Galgiani — Yea
Glazer — Yea
Allen — Not Voting
Hancock — Yea
Hernandez — Yea
Hertzberg — Yea
Bates — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Fuller — 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

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
Bates — Yea
Leyva — Yea
Nielsen — Yea
Hill — Yea
Lara — Yea
Beall — Yea
Mendoza — 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
Beall — Yea
Hill — Yea
Leyva — Yea
Lara — Yea
Mendoza — Yea
Bates — Yea
Nielsen — Yea

Official roll call →

AB 193 MAIENSCHEIN Assembly Third Reading

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 4000
Republican 5001
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Kim — Yea
Linder — Yea
Mathis — Yea
Obernolte — Yea
Rodriguez — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Williams — Yea
Eggman — Yea
Cooper — Yea
Frazier — Yea
Salas — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Harper — Yea
Jones-Sawyer — Yea
Levine — Yea
Low — Yea
Mayes — Yea
Bigelow — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Melendez — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Weber — Yea
Wilk — Yea
Gray — Yea
Atkins — Yea
Campos — Yea
Lopez — Yea
Bonilla — Not Voting
Chávez — Not Voting
Daly — Yea
Holden — Yea
Maienschein — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Ting — Yea
Wood — Yea
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — 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 Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 13000
Republican 2000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Holden — Yea
Rendon — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Gordon — Yea
Bigelow — Yea
Chang — Yea
Daly — Yea
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

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

Passed 16 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 13003
Republican 2000
Total 16003
% of votes cast 84%0%0%16%
How each member voted (19)
Member Party Vote
Maienschein — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Chávez — Yea
Gomez — Yea
Burke — Yea
Bonilla — Not Voting
Chiu — Yea
Nazarian — Yea
Rodriguez — Yea
Santiago — Yea
Steinorth — Yea
Waldron — Yea
Wood — Yea
Gonzalez — Not Voting
Roger Hernández — Not Voting
Bonta, Mia Democratic Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 193 do?
Existing law provides a procedure for the appointment of a conservator for a person who is determined to be gravely disabled as a result of a mental disorder or an impairment by chronic alcoholism, and requires an officer, including a county public guardian or a county mental health program, to conduct a conservatorship investigation and render a written report to the court of his or her investigation. Under existing law, a professional person in charge of an agency providing comprehensive evaluation or a facility providing intensive treatment for a gravely disabled person may recommend a conservatorship for that person, and the agency is required to disclose any records or information that may facilitate an investigation. Existing law requires the officer providing conservatorship investigation, when he or she concurs with the recommendation of the professional person or facility, to petition the superior court in the patient's county of residence for a conservatorship. Existing law also provides for the establishment of a conservatorship for a person who is unable to properly provide for his or her personal needs or is substantially unable to manage his or her finances. This bill would authorize the court, if a conservatorship has already been established under the Probate Code, and after a hearing attended by the conservatee, unless he or she waives presence, and the conservatee's counsel, to order an investigation from the officer providing conservatorship investigation if the court, in consultation with a licensed physician or psychologist, as specified, providing comprehensive evaluation or intensive treatment, determines, in a specified proceeding, that the conservatee may be gravely disabled as a result of a mental disorder or impairment by chronic alcoholism and is unwilling to accept, or is incapable of accepting, treatment voluntarily. The bill would also require the court to appoint counsel to a conservatee if he or she cannot afford counsel. The bill would require the officer providing conservatorship investigation to petition the superior court in the patient's county of residence to establish conservatorship if he or she concurs with the conservatorship investigation order of the court, and to file a copy of his or her report with the court. The bill would require a conservator to disclose any records or information that may facilitate the investigation. The bill would also make conforming changes. By expanding the duties of the county officer providing conservatorship investigation, 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 these statutory provisions.
Who sponsors AB 193?
AB 193 is sponsored by Chávez, Cooley, Maienschein, and Mathis.
What is the current status of AB 193?
This bill died with 2015-2016 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 193?
Track AB 193 free on One Click Politics — get push/email alerts when it moves.

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