Amended IN Senate May 30, 2019 Amended IN Assembly March 06, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 294Introduced by Assembly Member Rodriguez(Coauthor: Assembly Member Boerner Horvath)January 28, 2019 An act to amend Sections 243.9 and 4501.1 243.9, 4501.1, and 7510 of, and to add Sections 2068 and 4033 to, the Penal Code, relating to correctional facilities. LEGISLATIVE COUNSEL'S DIGESTAB 294, as amended, Rodriguez. Correctional facilities: gassing.Existing law defines the act of gassing, in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the persons skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. The Existing law makes the crime of aggravated battery is punishable by imprisonment in a county jail or the state prison for 2, 3, or 4 years. Existing law authorizes a chief medical officer of a local detention facility or state prison, or a designee, upon probable cause to believe gassing has occurred, and if it is deemed medically necessary to protect the officer or employee who was subject to the gassing, to order the inmate to receive an examination or test for hepatitis, tuberculosis, or both, as specified.This bill would also authorize testing of an inmate for the human immunodeficiency virus (HIV) under those circumstances. The billThe bill would require the warden of a state prison facility and the county sheriff or administrator of a county jail to post a legible notice in an easily visible location to officers and employees of the facility or jail that describes the rights of a victim of the aggravated battery at their respective facilities, and to provide physical notice of those rights to each victim of an aggravated battery. The bill would also require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff. The bill would require each state prison facility and county jail to document specified information related to gassing attacks. The bill would require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officers uniform that has been soiled in a gassing attack.The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation and would provide the state prison facility or county jail, in consultation with the local district attorneys office, with the discretion to not test the gassing substance for the presence of a bodily fluid if it determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery. The bill would provide an officer or employee who is the victim of a reported or suspected gassing attack with the right to request the inmate involved with the attack be tested forHIV, hepatitis, hepatitis and tuberculosis, as specified. By creating new duties for sheriffs and county jail administrators, this bill would impose a state-mandated local program.Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request the inmate to be tested for HIV and hepatitis, subject to specified criteria and procedures.This bill would clarify that a law enforcement employee, for purposes of requesting inmate testing, includes nonsworn employees of a correctional institution.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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 243.9 of the Penal Code is amended to read:243.9. (a) Every person An inmate confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate to be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The local detention facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The local detention facility shall have has the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.SEC. 2. Section 2068 is added to the Penal Code, to read:2068. (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the state prison, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A state prison facility shall document all of the following:(1) The total number of gassing incidents at the state prison facility and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A state prison facility shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 4501.1.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.SEC. 3. Section 4033 is added to the Penal Code, to read:4033. (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the county jail, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A county jail shall document all of the following:(1) The total number of gassing incidents at the county jail and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A county jail shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 243.9.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.SEC. 4. Section 4501.1 of the Penal Code is amended to read:4501.1. (a) Every person An inmate confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every A state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The state prison facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.SEC. 5. Section 7510 of the Penal Code is amended to read:7510. (a) A law enforcement employee employee, including a nonsworn employee of a correctional institution, who believes that he or she they came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms.(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employees shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer.(c) For purposes of this section, Section 7503, and Section 7511, chief medical officer means:(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime.(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed.(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under those duties required by this title.SEC. 5.SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Senate May 30, 2019 Amended IN Assembly March 06, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 294Introduced by Assembly Member Rodriguez(Coauthor: Assembly Member Boerner Horvath)January 28, 2019 An act to amend Sections 243.9 and 4501.1 243.9, 4501.1, and 7510 of, and to add Sections 2068 and 4033 to, the Penal Code, relating to correctional facilities. LEGISLATIVE COUNSEL'S DIGESTAB 294, as amended, Rodriguez. Correctional facilities: gassing.Existing law defines the act of gassing, in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the persons skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. The Existing law makes the crime of aggravated battery is punishable by imprisonment in a county jail or the state prison for 2, 3, or 4 years. Existing law authorizes a chief medical officer of a local detention facility or state prison, or a designee, upon probable cause to believe gassing has occurred, and if it is deemed medically necessary to protect the officer or employee who was subject to the gassing, to order the inmate to receive an examination or test for hepatitis, tuberculosis, or both, as specified.This bill would also authorize testing of an inmate for the human immunodeficiency virus (HIV) under those circumstances. The billThe bill would require the warden of a state prison facility and the county sheriff or administrator of a county jail to post a legible notice in an easily visible location to officers and employees of the facility or jail that describes the rights of a victim of the aggravated battery at their respective facilities, and to provide physical notice of those rights to each victim of an aggravated battery. The bill would also require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff. The bill would require each state prison facility and county jail to document specified information related to gassing attacks. The bill would require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officers uniform that has been soiled in a gassing attack.The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation and would provide the state prison facility or county jail, in consultation with the local district attorneys office, with the discretion to not test the gassing substance for the presence of a bodily fluid if it determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery. The bill would provide an officer or employee who is the victim of a reported or suspected gassing attack with the right to request the inmate involved with the attack be tested forHIV, hepatitis, hepatitis and tuberculosis, as specified. By creating new duties for sheriffs and county jail administrators, this bill would impose a state-mandated local program.Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request the inmate to be tested for HIV and hepatitis, subject to specified criteria and procedures.This bill would clarify that a law enforcement employee, for purposes of requesting inmate testing, includes nonsworn employees of a correctional institution.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Senate May 30, 2019 Amended IN Assembly March 06, 2019
Amended IN Senate May 30, 2019
Amended IN Assembly March 06, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 294
Introduced by Assembly Member Rodriguez(Coauthor: Assembly Member Boerner Horvath)January 28, 2019
Introduced by Assembly Member Rodriguez(Coauthor: Assembly Member Boerner Horvath)
January 28, 2019
An act to amend Sections 243.9 and 4501.1 243.9, 4501.1, and 7510 of, and to add Sections 2068 and 4033 to, the Penal Code, relating to correctional facilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 294, as amended, Rodriguez. Correctional facilities: gassing.
Existing law defines the act of gassing, in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the persons skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. The Existing law makes the crime of aggravated battery is punishable by imprisonment in a county jail or the state prison for 2, 3, or 4 years. Existing law authorizes a chief medical officer of a local detention facility or state prison, or a designee, upon probable cause to believe gassing has occurred, and if it is deemed medically necessary to protect the officer or employee who was subject to the gassing, to order the inmate to receive an examination or test for hepatitis, tuberculosis, or both, as specified.This bill would also authorize testing of an inmate for the human immunodeficiency virus (HIV) under those circumstances. The billThe bill would require the warden of a state prison facility and the county sheriff or administrator of a county jail to post a legible notice in an easily visible location to officers and employees of the facility or jail that describes the rights of a victim of the aggravated battery at their respective facilities, and to provide physical notice of those rights to each victim of an aggravated battery. The bill would also require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff. The bill would require each state prison facility and county jail to document specified information related to gassing attacks. The bill would require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officers uniform that has been soiled in a gassing attack.The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation and would provide the state prison facility or county jail, in consultation with the local district attorneys office, with the discretion to not test the gassing substance for the presence of a bodily fluid if it determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery. The bill would provide an officer or employee who is the victim of a reported or suspected gassing attack with the right to request the inmate involved with the attack be tested forHIV, hepatitis, hepatitis and tuberculosis, as specified. By creating new duties for sheriffs and county jail administrators, this bill would impose a state-mandated local program.Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request the inmate to be tested for HIV and hepatitis, subject to specified criteria and procedures.This bill would clarify that a law enforcement employee, for purposes of requesting inmate testing, includes nonsworn employees of a correctional institution.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law defines the act of gassing, in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the persons skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. The Existing law makes the crime of aggravated battery is punishable by imprisonment in a county jail or the state prison for 2, 3, or 4 years. Existing law authorizes a chief medical officer of a local detention facility or state prison, or a designee, upon probable cause to believe gassing has occurred, and if it is deemed medically necessary to protect the officer or employee who was subject to the gassing, to order the inmate to receive an examination or test for hepatitis, tuberculosis, or both, as specified.
This bill would also authorize testing of an inmate for the human immunodeficiency virus (HIV) under those circumstances. The bill
The bill would require the warden of a state prison facility and the county sheriff or administrator of a county jail to post a legible notice in an easily visible location to officers and employees of the facility or jail that describes the rights of a victim of the aggravated battery at their respective facilities, and to provide physical notice of those rights to each victim of an aggravated battery. The bill would also require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff.
The bill would require each state prison facility and county jail to document specified information related to gassing attacks. The bill would require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officers uniform that has been soiled in a gassing attack.
The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation and would provide the state prison facility or county jail, in consultation with the local district attorneys office, with the discretion to not test the gassing substance for the presence of a bodily fluid if it determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery. The bill would provide an officer or employee who is the victim of a reported or suspected gassing attack with the right to request the inmate involved with the attack be tested forHIV, hepatitis, hepatitis and tuberculosis, as specified. By creating new duties for sheriffs and county jail administrators, this bill would impose a state-mandated local program.
Existing law prescribes a procedure by which a law enforcement employee who comes into contact with the bodily fluids of an inmate may request the inmate to be tested for HIV and hepatitis, subject to specified criteria and procedures.
This bill would clarify that a law enforcement employee, for purposes of requesting inmate testing, includes nonsworn employees of a correctional institution.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 243.9 of the Penal Code is amended to read:243.9. (a) Every person An inmate confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate to be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The local detention facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The local detention facility shall have has the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.SEC. 2. Section 2068 is added to the Penal Code, to read:2068. (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the state prison, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A state prison facility shall document all of the following:(1) The total number of gassing incidents at the state prison facility and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A state prison facility shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 4501.1.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.SEC. 3. Section 4033 is added to the Penal Code, to read:4033. (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the county jail, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A county jail shall document all of the following:(1) The total number of gassing incidents at the county jail and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A county jail shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 243.9.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.SEC. 4. Section 4501.1 of the Penal Code is amended to read:4501.1. (a) Every person An inmate confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every A state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The state prison facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.SEC. 5. Section 7510 of the Penal Code is amended to read:7510. (a) A law enforcement employee employee, including a nonsworn employee of a correctional institution, who believes that he or she they came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms.(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employees shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer.(c) For purposes of this section, Section 7503, and Section 7511, chief medical officer means:(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime.(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed.(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under those duties required by this title.SEC. 5.SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 243.9 of the Penal Code is amended to read:243.9. (a) Every person An inmate confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate to be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The local detention facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The local detention facility shall have has the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
SECTION 1. Section 243.9 of the Penal Code is amended to read:
### SECTION 1.
243.9. (a) Every person An inmate confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate to be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The local detention facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The local detention facility shall have has the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
243.9. (a) Every person An inmate confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate to be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The local detention facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The local detention facility shall have has the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
243.9. (a) Every person An inmate confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate to be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The local detention facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The local detention facility shall have has the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
243.9. (a) Every person An inmate confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.
(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.
(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.
(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.
(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate to be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).
(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.
(2) The local detention facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).
(3) The local detention facility shall have has the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).
(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section.
(f) This section does not preclude prosecution under both this section and any other provision of law.
SEC. 2. Section 2068 is added to the Penal Code, to read:2068. (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the state prison, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A state prison facility shall document all of the following:(1) The total number of gassing incidents at the state prison facility and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A state prison facility shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 4501.1.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
SEC. 2. Section 2068 is added to the Penal Code, to read:
### SEC. 2.
2068. (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the state prison, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A state prison facility shall document all of the following:(1) The total number of gassing incidents at the state prison facility and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A state prison facility shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 4501.1.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
2068. (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the state prison, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A state prison facility shall document all of the following:(1) The total number of gassing incidents at the state prison facility and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A state prison facility shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 4501.1.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
2068. (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the state prison, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A state prison facility shall document all of the following:(1) The total number of gassing incidents at the state prison facility and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A state prison facility shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 4501.1.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
2068. (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.
(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:
If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.
(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.
(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the state prison, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.
(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.
(c) A state prison facility shall document all of the following:
(1) The total number of gassing incidents at the state prison facility and how many the number that were committed by repeat offenders.
(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.
(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.
(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.
(5) The results and costs of medical testing related to gassing incidents.
(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.
(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.
(e) A state prison facility shall replace any article of an officers uniform that has been soiled in a gassing attack.
(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 4501.1.
(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
SEC. 3. Section 4033 is added to the Penal Code, to read:4033. (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the county jail, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A county jail shall document all of the following:(1) The total number of gassing incidents at the county jail and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A county jail shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 243.9.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
SEC. 3. Section 4033 is added to the Penal Code, to read:
### SEC. 3.
4033. (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the county jail, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A county jail shall document all of the following:(1) The total number of gassing incidents at the county jail and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A county jail shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 243.9.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
4033. (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the county jail, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A county jail shall document all of the following:(1) The total number of gassing incidents at the county jail and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A county jail shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 243.9.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
4033. (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the county jail, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.(c) A county jail shall document all of the following:(1) The total number of gassing incidents at the county jail and how many the number that were committed by repeat offenders.(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.(5) The results and costs of medical testing related to gassing incidents.(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.(e) A county jail shall replace any article of an officers uniform that has been soiled in a gassing attack.(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 243.9.(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
4033. (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.
(2) The notice shall be entitled Victims Right to Aftercare in a Gassing Attack and state the following:
If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. A request for inmate testing is subject to approval in accordance with applicable laws and regulations. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers compensation insurance if you are injured or disabled in the course of employment.
(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victims rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victims rights after a gassing attack.
(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email, to the extent a facilitywide email is utilized by the county jail, describing a victims rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.
(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff.
(c) A county jail shall document all of the following:
(1) The total number of gassing incidents at the county jail and how many the number that were committed by repeat offenders.
(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.
(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.
(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.
(5) The results and costs of medical testing related to gassing incidents.
(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.
(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officers employment date.
(e) A county jail shall replace any article of an officers uniform that has been soiled in a gassing attack.
(f) (1) For the purposes of this section, gassing has the same meaning as described in subdivision (b) of Section 243.9.
(2) For the purposes of this section, officer means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
SEC. 4. Section 4501.1 of the Penal Code is amended to read:4501.1. (a) Every person An inmate confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every A state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The state prison facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
SEC. 4. Section 4501.1 of the Penal Code is amended to read:
### SEC. 4.
4501.1. (a) Every person An inmate confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every A state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The state prison facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
4501.1. (a) Every person An inmate confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every A state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The state prison facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
4501.1. (a) Every person An inmate confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every A state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.(2) The state prison facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section. (f) This section does not preclude prosecution under both this section and any other provision of law.
4501.1. (a) Every person An inmate confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every A state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.
(b) For purposes of this section, gassing means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the persons skin or membranes.
(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.
(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officers designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or any combination of those diseases, both hepatitis and tuberculosis, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this This subdivision shall be construed to otherwise does not supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be is immune from civil liability for any action taken in accordance with this section.
(3) Notwithstanding paragraph (2), the An officer or employee who is subject to the victim of a reported or suspected violation of this section shall have has the right to request the inmate be tested for any of the diseases listed in paragraph (2). (2), subject to a finding of medical necessity by the chief medical officer or their designee pursuant to paragraph (2).
(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.
(2) The state prison facility shall consult with the local district attorneys office to determine what the type of physical evidence and documentation that is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).
(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorneys office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).
(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section.
(f) This section does not preclude prosecution under both this section and any other provision of law.
SEC. 5. Section 7510 of the Penal Code is amended to read:7510. (a) A law enforcement employee employee, including a nonsworn employee of a correctional institution, who believes that he or she they came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms.(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employees shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer.(c) For purposes of this section, Section 7503, and Section 7511, chief medical officer means:(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime.(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed.(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under those duties required by this title.
SEC. 5. Section 7510 of the Penal Code is amended to read:
### SEC. 5.
7510. (a) A law enforcement employee employee, including a nonsworn employee of a correctional institution, who believes that he or she they came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms.(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employees shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer.(c) For purposes of this section, Section 7503, and Section 7511, chief medical officer means:(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime.(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed.(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under those duties required by this title.
7510. (a) A law enforcement employee employee, including a nonsworn employee of a correctional institution, who believes that he or she they came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms.(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employees shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer.(c) For purposes of this section, Section 7503, and Section 7511, chief medical officer means:(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime.(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed.(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under those duties required by this title.
7510. (a) A law enforcement employee employee, including a nonsworn employee of a correctional institution, who believes that he or she they came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms.(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employees shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer.(c) For purposes of this section, Section 7503, and Section 7511, chief medical officer means:(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime.(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed.(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under those duties required by this title.
7510. (a) A law enforcement employee employee, including a nonsworn employee of a correctional institution, who believes that he or she they came into contact with bodily fluids of either an inmate of a correctional institution, a person not in a correctional institution who has been arrested or taken into custody whether or not the person has been charged with a crime, including a person detained for or charged with an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, a person charged with any crime, whether or not the person is in custody, on postrelease community supervision, mandatory supervision pursuant to paragraph (5) of subdivision (h) of Section 1170, or on probation or parole due to conviction of a crime, shall report the incident through the completion of a form provided by the State Department of Public Health. The form shall be directed to the chief medical officer, as defined in subdivision (c), who serves the applicable law enforcement employee. Utilizing this form the law enforcement employee may request a test for HIV or hepatitis B or C of the person who is the subject of the report. The forms may be combined with regular incident reports or other forms used by the correctional institution or law enforcement agency, however the processing of a form by the chief medical officer containing a request for HIV or hepatitis B or C testing of the subject person shall not be delayed by the processing of other reports or forms.
(b) The report required by subdivision (a) shall be submitted by the end of the law enforcement employees shift during which the incident occurred, or if not practicable, as soon as possible, but no longer than two days after the incident, except that the chief medical officer may waive this filing period requirement if he or she finds that good cause exists. The report shall include names of witnesses to the incident, names of persons involved in the incident, and if feasible, any written statements from these parties. The law enforcement employee shall assist in the investigation of the incident, as requested by the chief medical officer.
(c) For purposes of this section, Section 7503, and Section 7511, chief medical officer means:
(1) In the case of a report filed by a staff member of a state prison, the chief medical officer of that facility.
(2) In the case of a parole officer filing a report, the chief medical officer of the nearest state prison.
(3) In the case of a report filed by an employee of the Division of Juvenile Justice, the chief medical officer of the facility.
(4) In the case of a report filed against a subject who is an inmate of a city or county jail or a county- or city-operated juvenile facility, or a court facility, or who has been arrested or taken into custody whether or not the person has been charged with a crime, but who is not in a correctional facility, including a person detained for, or charged with, an offense for which he or she they may be made a ward of the court under Section 602 of the Welfare and Institutions Code, or a person charged with a crime, whether or not the person is in custody, the county health officer of the county in which the individual is jailed or charged with the crime.
(5) In the case of a report filed by a probation officer, a prosecutor or staff person, a public defender attorney or staff person, the county health officer of the county in which the probation officer, prosecutor or staff person, a public defender attorney or staff person, is employed.
(6) In any instance where the chief medical officer, as determined pursuant to this subdivision, is not a physician and surgeon, the chief medical officer shall designate a physician and surgeon to perform his or her duties under those duties required by this title.
SEC. 5.SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5.SEC. 6. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 5.SEC. 6.