| Old | New | Differences | |
|---|---|---|---|
| 1 | - | ||
| 1 | + | Amended IN Assembly September 06, 2019 Amended IN Senate April 08, 2019 Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 363Introduced by Senator PanFebruary 20, 2019 An act to add Section 6401.9 to the Labor Code, relating to workplace safety. LEGISLATIVE COUNSEL'S DIGESTSB 363, as amended, Pan. Workplace safety.(1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division relating to workplace violence prevention plans at hospitals.This bill would require the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation to report the total number of assaults against employees at each facility operated by the respective department monthly quarterly, as specified, to all the state bargaining unit of an employee affected by an assault. units at the department. The bill would require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties. The bill would define terms for the purposes of these provisions.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault has the same meaning as in Section 240 of the Penal Code, regardless of whether it results in an arrest, referral to the district attorney, or prosecution for the incident. means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly quarterly the total number of assaults against employees, separately for each of its facilities, to the bargaining unit of each employee affected by an incident. employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401.9 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly September 06, 2019 Amended IN Senate April 08, 2019 Amended IN Senate March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 363Introduced by Senator PanFebruary 20, 2019 An act to add Section 6401.9 to the Labor Code, relating to workplace safety. LEGISLATIVE COUNSEL'S DIGESTSB 363, as amended, Pan. Workplace safety.(1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division relating to workplace violence prevention plans at hospitals.This bill would require the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation to report the total number of assaults against employees at each facility operated by the respective department monthly quarterly, as specified, to all the state bargaining unit of an employee affected by an assault. units at the department. The bill would require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties. The bill would define terms for the purposes of these provisions.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly September 06, 2019 Amended IN Senate April 08, 2019 Amended IN Senate March 25, 2019 | |
| 6 | 6 | ||
| 7 | - | Enrolled September 13, 2019 | |
| 8 | - | Passed IN Senate September 11, 2019 | |
| 9 | - | Passed IN Assembly September 10, 2019 | |
| 10 | 7 | Amended IN Assembly September 06, 2019 | |
| 11 | 8 | Amended IN Senate April 08, 2019 | |
| 12 | 9 | Amended IN Senate March 25, 2019 | |
| 13 | 10 | ||
| 14 | 11 | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION | |
| 15 | 12 | ||
| 16 | 13 | Senate Bill | |
| 17 | 14 | ||
| 18 | 15 | No. 363 | |
| 19 | 16 | ||
| 20 | 17 | Introduced by Senator PanFebruary 20, 2019 | |
| 21 | 18 | ||
| 22 | 19 | Introduced by Senator Pan | |
| 23 | 20 | February 20, 2019 | |
| 24 | 21 | ||
| 25 | 22 | An act to add Section 6401.9 to the Labor Code, relating to workplace safety. | |
| 26 | 23 | ||
| 27 | 24 | LEGISLATIVE COUNSEL'S DIGEST | |
| 28 | 25 | ||
| 29 | 26 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 30 | 27 | ||
| 31 | - | SB 363, Pan. Workplace safety. | |
| 28 | + | SB 363, as amended, Pan. Workplace safety. | |
| 32 | 29 | ||
| 33 | - | (1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division relating to workplace violence prevention plans at hospitals.This bill would require the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation to report the total number of assaults against employees at each facility operated by the respective department quarterly, as specified, to all the state bargaining units at the department. The bill would require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties. The bill would define terms for the purposes of these provisions.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect. | |
| 30 | + | (1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division relating to workplace violence prevention plans at hospitals.This bill would require the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation to report the total number of assaults against employees at each facility operated by the respective department monthly quarterly, as specified, to all the state bargaining unit of an employee affected by an assault. units at the department. The bill would require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties. The bill would define terms for the purposes of these provisions.(2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.This bill would make legislative findings to that effect. | |
| 34 | 31 | ||
| 35 | 32 | (1) Existing law generally grants to the Division of Occupational Safety and Health jurisdiction over every employment and place of employment necessary to adequately enforce and administer all laws, standards, and orders. Existing law creates the Occupational Safety and Health Standards Board and, among other things, requires it to adopt standards developed by the division relating to workplace violence prevention plans at hospitals. | |
| 36 | 33 | ||
| 37 | - | This bill would require the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation to report the total number of assaults against employees at each facility operated by the respective department quarterly, as specified, to all the state bargaining units at the department. The bill would require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties. The bill would define terms for the purposes of these provisions. | |
| 34 | + | This bill would require the State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation to report the total number of assaults against employees at each facility operated by the respective department monthly quarterly, as specified, to all the state bargaining unit of an employee affected by an assault. units at the department. The bill would require that each department also report this information to the Legislature and the chairs of certain committees annually, as specified. The bill would prescribe the information to be reported and would require that the information protect the confidentiality of certain parties. The bill would define terms for the purposes of these provisions. | |
| 38 | 35 | ||
| 39 | 36 | (2) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. | |
| 40 | 37 | ||
| 41 | 38 | This bill would make legislative findings to that effect. | |
| 42 | 39 | ||
| 43 | 40 | ## Digest Key | |
| 44 | 41 | ||
| 45 | 42 | ## Bill Text | |
| 46 | 43 | ||
| 47 | - | The people of the State of California do enact as follows:SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report quarterly the total number of assaults against employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401.9 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents. | |
| 44 | + | The people of the State of California do enact as follows:SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault has the same meaning as in Section 240 of the Penal Code, regardless of whether it results in an arrest, referral to the district attorney, or prosecution for the incident. means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly quarterly the total number of assaults against employees, separately for each of its facilities, to the bargaining unit of each employee affected by an incident. employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code.SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401.9 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents. | |
| 48 | 45 | ||
| 49 | 46 | The people of the State of California do enact as follows: | |
| 50 | 47 | ||
| 51 | 48 | ## The people of the State of California do enact as follows: | |
| 52 | 49 | ||
| 53 | - | SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report quarterly the total number of assaults against employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 50 | + | SECTION 1. Section 6401.9 is added to the Labor Code, to read:6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault has the same meaning as in Section 240 of the Penal Code, regardless of whether it results in an arrest, referral to the district attorney, or prosecution for the incident. means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly quarterly the total number of assaults against employees, separately for each of its facilities, to the bargaining unit of each employee affected by an incident. employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 54 | 51 | ||
| 55 | 52 | SECTION 1. Section 6401.9 is added to the Labor Code, to read: | |
| 56 | 53 | ||
| 57 | 54 | ### SECTION 1. | |
| 58 | 55 | ||
| 59 | - | 6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report quarterly the total number of assaults against employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 56 | + | 6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault has the same meaning as in Section 240 of the Penal Code, regardless of whether it results in an arrest, referral to the district attorney, or prosecution for the incident. means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly quarterly the total number of assaults against employees, separately for each of its facilities, to the bargaining unit of each employee affected by an incident. employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 60 | 57 | ||
| 61 | - | 6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report quarterly the total number of assaults against employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 58 | + | 6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault has the same meaning as in Section 240 of the Penal Code, regardless of whether it results in an arrest, referral to the district attorney, or prosecution for the incident. means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly quarterly the total number of assaults against employees, separately for each of its facilities, to the bargaining unit of each employee affected by an incident. employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 62 | 59 | ||
| 63 | - | 6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report quarterly the total number of assaults against employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 60 | + | 6401.9. (a) For purposes of this section, the following definitions apply:(1) Assault has the same meaning as in Section 240 of the Penal Code, regardless of whether it results in an arrest, referral to the district attorney, or prosecution for the incident. means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury.(2) Facilities means:(A) For the State Department of State Hospitals, the five state hospitals operated by the department.(B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility.(C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps.(b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly quarterly the total number of assaults against employees, separately for each of its facilities, to the bargaining unit of each employee affected by an incident. employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees.(c) A report submitted to the Legislature pursuant to subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 64 | 61 | ||
| 65 | 62 | ||
| 66 | 63 | ||
| 67 | 64 | 6401.9. (a) For purposes of this section, the following definitions apply: | |
| 68 | 65 | ||
| 69 | - | (1) Assault means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury. | |
| 66 | + | (1) Assault has the same meaning as in Section 240 of the Penal Code, regardless of whether it results in an arrest, referral to the district attorney, or prosecution for the incident. means a physically aggressive act to staff, including hitting, pushing, kicking, or other acts directed against a staff person that could cause potential or actual injury. | |
| 70 | 67 | ||
| 71 | 68 | (2) Facilities means: | |
| 72 | 69 | ||
| 73 | 70 | (A) For the State Department of State Hospitals, the five state hospitals operated by the department. | |
| 74 | 71 | ||
| 75 | 72 | (B) For the State Department of Developmental Services, any licensed facility that it operates, including a developmental center, intermediate care facility/developmentally disabled ICF/DD, or community care facility. | |
| 76 | 73 | ||
| 77 | 74 | (C) For the Department of Corrections and Rehabilitation, any correctional facility under the jurisdiction of the department, but not including adult or juvenile fire camps. | |
| 78 | 75 | ||
| 79 | - | (b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report quarterly the total number of assaults against employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees. | |
| 76 | + | (b) The State Department of State Hospitals, the State Department of Developmental Services, or the Department of Corrections and Rehabilitation shall report monthly quarterly the total number of assaults against employees, separately for each of its facilities, to the bargaining unit of each employee affected by an incident. employees. Each department shall report this information to all bargaining units at the department within 30 calendar days at the end of the quarter. Each department shall report this information to the Legislature and the chairs of the Senate Committee on Budget and Fiscal Review and the Assembly Committee on Budget annually, on or before December 31. within 30 days after December 31, with a departments first report to be provided in January 2021. The information reported shall include the date of the assault, job classification of any affected represented employee, the employees state bargaining unit designation, and the name of the facility at which the incident occurred. The information shall be reported in a manner that appropriately protects the confidentiality of patients, inmates, and employees. | |
| 80 | 77 | ||
| 81 | - | (c) A report submitted to the Legislature pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 78 | + | (c) A report submitted to the Legislature pursuant to subdivision (a) (b) shall be submitted in compliance with Section 9795 of the Government Code. | |
| 82 | 79 | ||
| 83 | 80 | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401.9 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents. | |
| 84 | 81 | ||
| 85 | 82 | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401.9 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents. | |
| 86 | 83 | ||
| 87 | 84 | SEC. 2. The Legislature finds and declares that Section 1 of this act, which adds Section 6401.9 to the Labor Code, imposes a limitation on the publics right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest: | |
| 88 | 85 | ||
| 89 | 86 | ### SEC. 2. | |
| 90 | 87 | ||
| 91 | 88 | In order to appropriately protect the privacy of persons involved in violent incidents, it is necessary to limit access to the personal information of employees, patients, and inmates involved in these incidents. |