Amended IN Senate April 28, 2022 Amended IN Senate April 18, 2022 Amended IN Senate April 06, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 965Introduced by Senator EggmanFebruary 09, 2022 An act to add Section 5122 to the Welfare and Institutions Code, relating to conservatorships.LEGISLATIVE COUNSEL'S DIGESTSB 965, as amended, Eggman. Conservatorships: medical record: hearsay rule.Existing law, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the persons own health and well-being due to a serious mental illness and substance use disorder.Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence.Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5122 is added to the Welfare and Institutions Code, to read:5122. (a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
Amended IN Senate April 28, 2022 Amended IN Senate April 18, 2022 Amended IN Senate April 06, 2022 Amended IN Senate March 15, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 965Introduced by Senator EggmanFebruary 09, 2022 An act to add Section 5122 to the Welfare and Institutions Code, relating to conservatorships.LEGISLATIVE COUNSEL'S DIGESTSB 965, as amended, Eggman. Conservatorships: medical record: hearsay rule.Existing law, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the persons own health and well-being due to a serious mental illness and substance use disorder.Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence.Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate April 28, 2022 Amended IN Senate April 18, 2022 Amended IN Senate April 06, 2022 Amended IN Senate March 15, 2022
Amended IN Senate April 28, 2022
Amended IN Senate April 18, 2022
Amended IN Senate April 06, 2022
Amended IN Senate March 15, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 965
Introduced by Senator EggmanFebruary 09, 2022
Introduced by Senator Eggman
February 09, 2022
An act to add Section 5122 to the Welfare and Institutions Code, relating to conservatorships.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 965, as amended, Eggman. Conservatorships: medical record: hearsay rule.
Existing law, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the persons own health and well-being due to a serious mental illness and substance use disorder.Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence.Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
Existing law, the Lanterman-Petris-Short Act, authorizes the appointment of a conservator of the person, of the estate, or of the person and the estate, for a person who is gravely disabled as a result of a mental health disorder or impairment by chronic alcoholism. The act also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the persons own health and well-being due to a serious mental illness and substance use disorder.
Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence.
Under this bill, for purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be hearsay. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5122 is added to the Welfare and Institutions Code, to read:5122. (a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
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 5122 is added to the Welfare and Institutions Code, to read:5122. (a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
SECTION 1. Section 5122 is added to the Welfare and Institutions Code, to read:
### SECTION 1.
5122. (a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
5122. (a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
5122. (a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.
5122. (a) For purposes of an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to Chapter 3 (commencing with Section 5350) or Chapter 5 (commencing with Section 5450), the statements of a health practitioner described in paragraphs (21) to (28), (25), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, or a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, included in the medical record are not hearsay.
(b) Nothing in this section prevents a party from calling as a witness the author of any statement contained in the medical record, whether or not the author was relied on by the expert witness.
(c) The court may grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel upon request within a reasonable time before the proceeding.