Conservatorships: medical record: hearsay rule.
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SB 965 — Conservatorships: medical record: hearsay rule.
Last action — June 14 set for first hearing canceled at the request of author.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed Assembly
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5To Executive
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6Enacted
This bill died with 2021-2022 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
Bill Text
- Amended 04/28/22 - Amended Senate Current pdf April 28, 2022
- Amended 04/18/22 - Amended Senate pdf April 18, 2022
- Amended 04/06/22 - Amended Senate pdf April 06, 2022
- Amended 03/15/22 - Amended Senate pdf March 15, 2022
- Introduced 02/09/22 - Introduced pdf February 09, 2022
- SB965 View text html
Action History
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June 14 set for first hearing canceled at the request of author.
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Referred to Com. on JUD.
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In Assembly. Read first time. Held at Desk.
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Read third time. Passed. (Ayes 33. Noes 0. Page 3644.) Ordered to the Assembly.
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Read second time and amended. Ordered to third reading.
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From committee: Do pass as amended. (Ayes 11. Noes 0. Page 3513.) (April 26).
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Set for hearing April 26.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
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Re-referred to Com. on JUD.
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From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
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Referred to Com. on RLS.
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From printer.
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Article IV Section 8(a) of the Constitution and Joint Rule 55 dispensed with February 7, 2022, suspending the 30 calendar day requirement.
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Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sponsors
- Eggman · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Eggman
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 20 | 0 | 0 | 3 |
| Republican | 2 | 0 | 0 | 2 |
| Democratic | 11 | 0 | 0 | 2 |
| Total | 33 | 0 | 0 | 7 |
| % of votes cast | 83% | 0% | 0% | 18% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Leyva | — | Yea |
| Hueso | — | Yea |
| Hertzberg | — | Yea |
| Eggman | — | Yea |
| Glazer | — | Yea |
| Atkins | — | Yea |
| Borgeas | — | Yea |
| Portantino | — | Yea |
| Kamlager | — | Yea |
| Min | — | Yea |
| Bradford | — | Yea |
| Newman | — | Yea |
| Gonzalez | — | Yea |
| Rubio | — | Yea |
| Melendez | — | Yea |
| Skinner | — | Yea |
| Nielsen | — | Yea |
| Dodd | — | Yea |
| Wieckowski | — | Yea |
| Bates | — | Yea |
| Roth | — | Not Voting |
| Wilk | — | Not Voting |
| Pan | — | Not Voting |
| Allen, Benjamin | Democratic | Not Voting |
| Archuleta, Bob | Democratic | Yea |
| Becker, Josh | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Cortese, Dave | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Hurtado, Melissa | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| McGuire, Mike | Democratic | Yea |
| Stern, Henry I. | Democratic | Not Voting |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Dahle, Megan | Republican | Not Voting |
| Grove, Shannon | Republican | Not Voting |
| Jones, Brian W. | Republican | Yea |
| Ochoa Bogh, Rosilicie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 6 | 0 | 0 | 0 |
| Unaffiliated | 4 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Hertzberg | — | Yea |
| Wieckowski | — | Yea |
| Borgeas | — | Yea |
| Gonzalez | — | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Durazo, Maria Elena | Democratic | Yea |
| Laird, John | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Umberg, Thomas J. | Democratic | Yea |
| Wiener, Scott D. | Democratic | Yea |
| Jones, Brian W. | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 965 do?
- Existing law, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
- Who sponsors SB 965?
- SB 965 is sponsored by Eggman.
- What is the current status of SB 965?
- This bill died with 2021-2022 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 965?
- Track SB 965 free on One Click Politics — get push/email alerts when it moves.
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