| 1 | | - | Assembly Bill No. 1973 CHAPTER 164 An act to amend Section 11160 of the Penal Code, relating to reporting crime. [ Approved by Governor August 20, 2018. Filed with Secretary of State August 20, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1973, Quirk. Reporting crimes.Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified, and to employees of entities under contract with local government agencies to provide medical services. By expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11160 of the Penal Code is amended to read:11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.(2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.(b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:(1) A report by telephone shall be made immediately or as soon as practically possible.(2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.(3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.(4) The report shall include, but shall not be limited to, the following:(A) The name of the injured person, if known.(B) The injured persons whereabouts.(C) The character and extent of the persons injuries.(D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.(c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.(d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:(1) Murder, in violation of Section 187.(2) Manslaughter, in violation of Section 192 or 192.5.(3) Mayhem, in violation of Section 203.(4) Aggravated mayhem, in violation of Section 205.(5) Torture, in violation of Section 206.(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.(7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.(8) Battery, in violation of Section 242.(9) Sexual battery, in violation of Section 243.4.(10) Incest, in violation of Section 285.(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.(12) Assault with a stun gun or taser, in violation of Section 244.5.(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.(14) Rape, in violation of Section 261.(15) Spousal rape, in violation of Section 262.(16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.(17) Child abuse or endangerment, in violation of Section 273a or 273d.(18) Abuse of spouse or cohabitant, in violation of Section 273.5.(19) Sodomy, in violation of Section 286.(20) Lewd and lascivious acts with a child, in violation of Section 288.(21) Oral copulation, in violation of Section 288a.(22) Sexual penetration, in violation of Section 289.(23) Elder abuse, in violation of Section 368.(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.(e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.(f) The reporting duties under this section are individual, except as provided in subdivision (e).(g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.(h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information.(i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 1 | + | Enrolled August 07, 2018 Passed IN Senate July 02, 2018 Passed IN Assembly August 06, 2018 Amended IN Senate May 22, 2018 Amended IN Assembly March 22, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1973Introduced by Assembly Member Quirk(Coauthor: Assembly Member Bonta)January 31, 2018 An act to amend Section 11160 of the Penal Code, relating to reporting crime. LEGISLATIVE COUNSEL'S DIGESTAB 1973, Quirk. Reporting crimes.Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified, and to employees of entities under contract with local government agencies to provide medical services. By expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11160 of the Penal Code is amended to read:11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.(2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.(b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:(1) A report by telephone shall be made immediately or as soon as practically possible.(2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.(3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.(4) The report shall include, but shall not be limited to, the following:(A) The name of the injured person, if known.(B) The injured persons whereabouts.(C) The character and extent of the persons injuries.(D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.(c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.(d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:(1) Murder, in violation of Section 187.(2) Manslaughter, in violation of Section 192 or 192.5.(3) Mayhem, in violation of Section 203.(4) Aggravated mayhem, in violation of Section 205.(5) Torture, in violation of Section 206.(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.(7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.(8) Battery, in violation of Section 242.(9) Sexual battery, in violation of Section 243.4.(10) Incest, in violation of Section 285.(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.(12) Assault with a stun gun or taser, in violation of Section 244.5.(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.(14) Rape, in violation of Section 261.(15) Spousal rape, in violation of Section 262.(16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.(17) Child abuse or endangerment, in violation of Section 273a or 273d.(18) Abuse of spouse or cohabitant, in violation of Section 273.5.(19) Sodomy, in violation of Section 286.(20) Lewd and lascivious acts with a child, in violation of Section 288.(21) Oral copulation, in violation of Section 288a.(22) Sexual penetration, in violation of Section 289.(23) Elder abuse, in violation of Section 368.(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.(e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.(f) The reporting duties under this section are individual, except as provided in subdivision (e).(g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.(h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information.(i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 11 | 23 | | |
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| 12 | 24 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 13 | 25 | | |
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| 14 | 26 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 15 | 27 | | |
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| 16 | 28 | | AB 1973, Quirk. Reporting crimes. |
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| 17 | 29 | | |
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| 18 | 30 | | Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime.This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified, and to employees of entities under contract with local government agencies to provide medical services. By expanding the scope of an existing crime, 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 no reimbursement is required by this act for a specified reason. |
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| 19 | 31 | | |
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| 20 | 32 | | Existing law requires specified health practitioners who have knowledge of or observe a patient who the practitioner knows or reasonably suspects has suffered from a wound or injury inflicted by specified types of conduct to report to a law enforcement agency, as specified. A violation of these provisions is a crime. |
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| 21 | 33 | | |
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| 22 | 34 | | This bill would extend those reporting duties to health practitioners, as defined, employed by local government agencies, including, among others, emergency medical technicians and paramedics, as specified, and to employees of entities under contract with local government agencies to provide medical services. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. |
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| 23 | 35 | | |
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| 24 | 36 | | 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. |
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| 25 | 37 | | |
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| 26 | 38 | | This bill would provide that no reimbursement is required by this act for a specified reason. |
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| 27 | 39 | | |
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| 28 | 40 | | ## Digest Key |
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| 29 | 41 | | |
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| 30 | 42 | | ## Bill Text |
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| 31 | 43 | | |
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| 32 | 44 | | The people of the State of California do enact as follows:SECTION 1. Section 11160 of the Penal Code is amended to read:11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.(2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.(b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:(1) A report by telephone shall be made immediately or as soon as practically possible.(2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.(3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.(4) The report shall include, but shall not be limited to, the following:(A) The name of the injured person, if known.(B) The injured persons whereabouts.(C) The character and extent of the persons injuries.(D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.(c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.(d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:(1) Murder, in violation of Section 187.(2) Manslaughter, in violation of Section 192 or 192.5.(3) Mayhem, in violation of Section 203.(4) Aggravated mayhem, in violation of Section 205.(5) Torture, in violation of Section 206.(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.(7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.(8) Battery, in violation of Section 242.(9) Sexual battery, in violation of Section 243.4.(10) Incest, in violation of Section 285.(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.(12) Assault with a stun gun or taser, in violation of Section 244.5.(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.(14) Rape, in violation of Section 261.(15) Spousal rape, in violation of Section 262.(16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.(17) Child abuse or endangerment, in violation of Section 273a or 273d.(18) Abuse of spouse or cohabitant, in violation of Section 273.5.(19) Sodomy, in violation of Section 286.(20) Lewd and lascivious acts with a child, in violation of Section 288.(21) Oral copulation, in violation of Section 288a.(22) Sexual penetration, in violation of Section 289.(23) Elder abuse, in violation of Section 368.(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.(e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.(f) The reporting duties under this section are individual, except as provided in subdivision (e).(g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.(h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information.(i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 33 | 45 | | |
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| 34 | 46 | | The people of the State of California do enact as follows: |
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| 35 | 47 | | |
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| 36 | 48 | | ## The people of the State of California do enact as follows: |
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| 37 | 49 | | |
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| 38 | 50 | | SECTION 1. Section 11160 of the Penal Code is amended to read:11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.(2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.(b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:(1) A report by telephone shall be made immediately or as soon as practically possible.(2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.(3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.(4) The report shall include, but shall not be limited to, the following:(A) The name of the injured person, if known.(B) The injured persons whereabouts.(C) The character and extent of the persons injuries.(D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.(c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.(d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:(1) Murder, in violation of Section 187.(2) Manslaughter, in violation of Section 192 or 192.5.(3) Mayhem, in violation of Section 203.(4) Aggravated mayhem, in violation of Section 205.(5) Torture, in violation of Section 206.(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.(7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.(8) Battery, in violation of Section 242.(9) Sexual battery, in violation of Section 243.4.(10) Incest, in violation of Section 285.(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.(12) Assault with a stun gun or taser, in violation of Section 244.5.(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.(14) Rape, in violation of Section 261.(15) Spousal rape, in violation of Section 262.(16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.(17) Child abuse or endangerment, in violation of Section 273a or 273d.(18) Abuse of spouse or cohabitant, in violation of Section 273.5.(19) Sodomy, in violation of Section 286.(20) Lewd and lascivious acts with a child, in violation of Section 288.(21) Oral copulation, in violation of Section 288a.(22) Sexual penetration, in violation of Section 289.(23) Elder abuse, in violation of Section 368.(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.(e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.(f) The reporting duties under this section are individual, except as provided in subdivision (e).(g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.(h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information.(i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services. |
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| 39 | 51 | | |
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| 40 | 52 | | SECTION 1. Section 11160 of the Penal Code is amended to read: |
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| 41 | 53 | | |
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| 42 | 54 | | ### SECTION 1. |
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| 43 | 55 | | |
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| 44 | 56 | | 11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.(2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.(b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:(1) A report by telephone shall be made immediately or as soon as practically possible.(2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.(3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.(4) The report shall include, but shall not be limited to, the following:(A) The name of the injured person, if known.(B) The injured persons whereabouts.(C) The character and extent of the persons injuries.(D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.(c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.(d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:(1) Murder, in violation of Section 187.(2) Manslaughter, in violation of Section 192 or 192.5.(3) Mayhem, in violation of Section 203.(4) Aggravated mayhem, in violation of Section 205.(5) Torture, in violation of Section 206.(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.(7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.(8) Battery, in violation of Section 242.(9) Sexual battery, in violation of Section 243.4.(10) Incest, in violation of Section 285.(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.(12) Assault with a stun gun or taser, in violation of Section 244.5.(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.(14) Rape, in violation of Section 261.(15) Spousal rape, in violation of Section 262.(16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.(17) Child abuse or endangerment, in violation of Section 273a or 273d.(18) Abuse of spouse or cohabitant, in violation of Section 273.5.(19) Sodomy, in violation of Section 286.(20) Lewd and lascivious acts with a child, in violation of Section 288.(21) Oral copulation, in violation of Section 288a.(22) Sexual penetration, in violation of Section 289.(23) Elder abuse, in violation of Section 368.(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.(e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.(f) The reporting duties under this section are individual, except as provided in subdivision (e).(g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.(h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information.(i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services. |
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| 45 | 57 | | |
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| 46 | 58 | | 11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.(2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.(b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:(1) A report by telephone shall be made immediately or as soon as practically possible.(2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.(3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.(4) The report shall include, but shall not be limited to, the following:(A) The name of the injured person, if known.(B) The injured persons whereabouts.(C) The character and extent of the persons injuries.(D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.(c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.(d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:(1) Murder, in violation of Section 187.(2) Manslaughter, in violation of Section 192 or 192.5.(3) Mayhem, in violation of Section 203.(4) Aggravated mayhem, in violation of Section 205.(5) Torture, in violation of Section 206.(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.(7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.(8) Battery, in violation of Section 242.(9) Sexual battery, in violation of Section 243.4.(10) Incest, in violation of Section 285.(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.(12) Assault with a stun gun or taser, in violation of Section 244.5.(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.(14) Rape, in violation of Section 261.(15) Spousal rape, in violation of Section 262.(16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.(17) Child abuse or endangerment, in violation of Section 273a or 273d.(18) Abuse of spouse or cohabitant, in violation of Section 273.5.(19) Sodomy, in violation of Section 286.(20) Lewd and lascivious acts with a child, in violation of Section 288.(21) Oral copulation, in violation of Section 288a.(22) Sexual penetration, in violation of Section 289.(23) Elder abuse, in violation of Section 368.(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.(e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.(f) The reporting duties under this section are individual, except as provided in subdivision (e).(g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.(h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information.(i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services. |
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| 47 | 59 | | |
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| 48 | 60 | | 11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b):(1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm.(2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct.(b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows:(1) A report by telephone shall be made immediately or as soon as practically possible.(2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person.(3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy.(4) The report shall include, but shall not be limited to, the following:(A) The name of the injured person, if known.(B) The injured persons whereabouts.(C) The character and extent of the persons injuries.(D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person.(c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug.(d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses:(1) Murder, in violation of Section 187.(2) Manslaughter, in violation of Section 192 or 192.5.(3) Mayhem, in violation of Section 203.(4) Aggravated mayhem, in violation of Section 205.(5) Torture, in violation of Section 206.(6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220.(7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222.(8) Battery, in violation of Section 242.(9) Sexual battery, in violation of Section 243.4.(10) Incest, in violation of Section 285.(11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244.(12) Assault with a stun gun or taser, in violation of Section 244.5.(13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245.(14) Rape, in violation of Section 261.(15) Spousal rape, in violation of Section 262.(16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c.(17) Child abuse or endangerment, in violation of Section 273a or 273d.(18) Abuse of spouse or cohabitant, in violation of Section 273.5.(19) Sodomy, in violation of Section 286.(20) Lewd and lascivious acts with a child, in violation of Section 288.(21) Oral copulation, in violation of Section 288a.(22) Sexual penetration, in violation of Section 289.(23) Elder abuse, in violation of Section 368.(24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive.(e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.(f) The reporting duties under this section are individual, except as provided in subdivision (e).(g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer.(h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information.(i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services. |
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| 49 | 61 | | |
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| 50 | 62 | | |
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| 51 | 63 | | |
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| 52 | 64 | | 11160. (a) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department who, in his or her professional capacity or within the scope of his or her employment, provides medical services for a physical condition to a patient whom he or she knows or reasonably suspects is a person described as follows, shall immediately make a report in accordance with subdivision (b): |
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| 53 | 65 | | |
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| 54 | 66 | | (1) A person suffering from any wound or other physical injury inflicted by his or her own act or inflicted by another where the injury is by means of a firearm. |
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| 55 | 67 | | |
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| 56 | 68 | | (2) A person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct. |
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| 57 | 69 | | |
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| 58 | 70 | | (b) A health practitioner, as defined in subdivision (a) of Section 11162.5, employed by a health facility, clinic, physicians office, local or state public health department, local government agency, or a clinic or other type of facility operated by a local or state public health department shall make a report regarding persons described in subdivision (a) to a local law enforcement agency as follows: |
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| 59 | 71 | | |
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| 60 | 72 | | (1) A report by telephone shall be made immediately or as soon as practically possible. |
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| 61 | 73 | | |
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| 62 | 74 | | (2) A written report shall be prepared on the standard form developed in compliance with paragraph (4) of this subdivision, and adopted by the Office of Emergency Services, or on a form developed and adopted by another state agency that otherwise fulfills the requirements of the standard form. The completed form shall be sent to a local law enforcement agency within two working days of receiving the information regarding the person. |
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| 63 | 75 | | |
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| 64 | 76 | | (3) A local law enforcement agency shall be notified and a written report shall be prepared and sent pursuant to paragraphs (1) and (2) even if the person who suffered the wound, other injury, or assaultive or abusive conduct has expired, regardless of whether or not the wound, other injury, or assaultive or abusive conduct was a factor contributing to the death, and even if the evidence of the conduct of the perpetrator of the wound, other injury, or assaultive or abusive conduct was discovered during an autopsy. |
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| 65 | 77 | | |
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| 66 | 78 | | (4) The report shall include, but shall not be limited to, the following: |
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| 67 | 79 | | |
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| 68 | 80 | | (A) The name of the injured person, if known. |
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| 69 | 81 | | |
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| 70 | 82 | | (B) The injured persons whereabouts. |
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| 71 | 83 | | |
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| 72 | 84 | | (C) The character and extent of the persons injuries. |
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| 73 | 85 | | |
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| 74 | 86 | | (D) The identity of any person the injured person alleges inflicted the wound, other injury, or assaultive or abusive conduct upon the injured person. |
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| 75 | 87 | | |
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| 76 | 88 | | (c) For the purposes of this section, injury shall not include any psychological or physical condition brought about solely through the voluntary administration of a narcotic or restricted dangerous drug. |
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| 77 | 89 | | |
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| 78 | 90 | | (d) For the purposes of this section, assaultive or abusive conduct shall include any of the following offenses: |
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| 79 | 91 | | |
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| 80 | 92 | | (1) Murder, in violation of Section 187. |
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| 81 | 93 | | |
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| 82 | 94 | | (2) Manslaughter, in violation of Section 192 or 192.5. |
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| 83 | 95 | | |
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| 84 | 96 | | (3) Mayhem, in violation of Section 203. |
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| 85 | 97 | | |
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| 86 | 98 | | (4) Aggravated mayhem, in violation of Section 205. |
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| 87 | 99 | | |
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| 88 | 100 | | (5) Torture, in violation of Section 206. |
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| 89 | 101 | | |
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| 90 | 102 | | (6) Assault with intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220. |
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| 91 | 103 | | |
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| 92 | 104 | | (7) Administering controlled substances or anesthetic to aid in commission of a felony, in violation of Section 222. |
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| 93 | 105 | | |
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| 94 | 106 | | (8) Battery, in violation of Section 242. |
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| 95 | 107 | | |
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| 96 | 108 | | (9) Sexual battery, in violation of Section 243.4. |
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| 97 | 109 | | |
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| 98 | 110 | | (10) Incest, in violation of Section 285. |
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| 99 | 111 | | |
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| 100 | 112 | | (11) Throwing any vitriol, corrosive acid, or caustic chemical with intent to injure or disfigure, in violation of Section 244. |
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| 101 | 113 | | |
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| 102 | 114 | | (12) Assault with a stun gun or taser, in violation of Section 244.5. |
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| 103 | 115 | | |
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| 104 | 116 | | (13) Assault with a deadly weapon, firearm, assault weapon, or machinegun, or by means likely to produce great bodily injury, in violation of Section 245. |
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| 105 | 117 | | |
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| 106 | 118 | | (14) Rape, in violation of Section 261. |
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| 107 | 119 | | |
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| 108 | 120 | | (15) Spousal rape, in violation of Section 262. |
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| 109 | 121 | | |
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| 110 | 122 | | (16) Procuring any female to have sex with another man, in violation of Section 266, 266a, 266b, or 266c. |
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| 111 | 123 | | |
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| 112 | 124 | | (17) Child abuse or endangerment, in violation of Section 273a or 273d. |
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| 113 | 125 | | |
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| 114 | 126 | | (18) Abuse of spouse or cohabitant, in violation of Section 273.5. |
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| 115 | 127 | | |
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| 116 | 128 | | (19) Sodomy, in violation of Section 286. |
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| 117 | 129 | | |
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| 118 | 130 | | (20) Lewd and lascivious acts with a child, in violation of Section 288. |
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| 119 | 131 | | |
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| 120 | 132 | | (21) Oral copulation, in violation of Section 288a. |
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| 121 | 133 | | |
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| 122 | 134 | | (22) Sexual penetration, in violation of Section 289. |
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| 123 | 135 | | |
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| 124 | 136 | | (23) Elder abuse, in violation of Section 368. |
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| 125 | 137 | | |
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| 126 | 138 | | (24) An attempt to commit any crime specified in paragraphs (1) to (23), inclusive. |
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| 127 | 139 | | |
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| 128 | 140 | | (e) When two or more persons who are required to report are present and jointly have knowledge of a known or suspected instance of violence that is required to be reported pursuant to this section, and when there is an agreement among these persons to report as a team, the team may select by mutual agreement a member of the team to make a report by telephone and a single written report, as required by subdivision (b). The written report shall be signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report. |
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| 129 | 141 | | |
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| 130 | 142 | | (f) The reporting duties under this section are individual, except as provided in subdivision (e). |
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| 131 | 143 | | |
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| 132 | 144 | | (g) A supervisor or administrator shall not impede or inhibit the reporting duties required under this section and a person making a report pursuant to this section shall not be subject to any sanction for making the report. However, internal procedures to facilitate reporting and apprise supervisors and administrators of reports may be established, except that these procedures shall not be inconsistent with this article. The internal procedures shall not require any employee required to make a report under this article to disclose his or her identity to the employer. |
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| 133 | 145 | | |
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| 134 | 146 | | (h) For the purposes of this section, it is the Legislatures intent to avoid duplication of information. |
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| 135 | 147 | | |
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| 136 | 148 | | (i) For purposes of this section only, employed by a local government agency includes an employee of an entity under contract with a local government agency to provide medical services. |
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| 137 | 149 | | |
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| 138 | 150 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 139 | 151 | | |
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| 140 | 152 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 141 | 153 | | |
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| 142 | 154 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. |
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| 143 | 155 | | |
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| 144 | 156 | | ### SEC. 2. |
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