California 2023 2023-2024 Regular Session

California Assembly Bill AB1282 Amended / Bill

Filed 09/01/2023

                    Amended IN  Senate  September 01, 2023 Amended IN  Senate  June 13, 2023 Amended IN  Assembly  April 20, 2023 Amended IN  Assembly  April 06, 2023 Amended IN  Assembly  March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1282Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Connolly, Muratsuchi, and Villapudua)February 16, 2023An act to add and repeal Part 4.3 (commencing with Section 5887) 5888) of Division 5 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 1282, as amended, Lowenthal. Mental health: impacts of social media.Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and authorizes the commission to take specified actions, including advising the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.This bill would require the commission to report to specified policy committees of the Legislature, on or before July 1, 2025, a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The bill would require the report to include, among other things, (1) the degree to which individuals negatively impacted by social media are accessing and receiving mental health services and (2) recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness, as specified. The bill would require the commission to explore, among other things, the persons and populations that use social media and the negative mental health risks associated with social media and artificial intelligence, as defined. The bill would repeal these provisions on January 1, 2029.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.Part 4.3 (commencing with Section 5887) is added to Division 5 of the Welfare and Institutions Code, to read:4.3.Impacts of Social Media and Artificial Intelligence on Mental Health5887.SECTION 1. Part 4.3 (commencing with Section 5888) is added to Division 5 of the Welfare and Institutions Code, to read:PART 4.3. Impacts of Social Media and Artificial Intelligence on Mental Health5888. As used in this part, the following definitions shall apply:(a) Children and youth means individuals up to 26 years of age. (b) Commission means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845.(c) Social media means a social media platform, as defined in Section 22675 of the Business and Professions Code.(d) Artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments.(2) Abstract those perceptions into models through analysis in an automated manner.(3) Use model inferences to formulate options for information or action.5887.1.5888.1. (a) The commission shall report to the Senate and Assembly Committees on Health, the Senate Committee on Judiciary, the Assembly Committee on Privacy and Consumer Protection, and other relevant policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The report shall include all of the following:(1) The degree to which individuals negatively impacted by social media are accessing and receiving mental health services.(2) Recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness enumerated in subdivision (d) of Section 5840.(3) Any barriers to receiving the data relevant to completing this report.(b) In preparing the report, the commission shall explore all of the following:(1) The types of social media.(2) The persons and populations that use social media.(3) Opportunities to support resilience.(4) Negative mental health risks associated with social media, including all of the following:(A) Suicide.(B) Eating disorders.(C) Self-harm.(D) Prolonged suffering.(E) Depression.(F) Anxiety.(G) Bullying.(H) Substance abuse.(I) Other mental health risks as determined by the commission.(5) The negative health risks associated with artificial intelligence.(c) In formulating this report, the commission shall prioritize the perspectives of children and youth through a robust engagement process with a focus on transition-age youth, at-risk populations, in-need populations and underserved cultural and linguistic populations. The commission shall also consult with the California mental health community, including, but not limited to, consumers, family members, providers, and other subject matter experts.(d) The report shall be submitted on or before July 1, 2025.5887.2.5888.2. This part shall remain in effect only until January 1, 2029, and as of that date is repealed.

 Amended IN  Senate  September 01, 2023 Amended IN  Senate  June 13, 2023 Amended IN  Assembly  April 20, 2023 Amended IN  Assembly  April 06, 2023 Amended IN  Assembly  March 09, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1282Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Connolly, Muratsuchi, and Villapudua)February 16, 2023An act to add and repeal Part 4.3 (commencing with Section 5887) 5888) of Division 5 of the Welfare and Institutions Code, relating to mental health. LEGISLATIVE COUNSEL'S DIGESTAB 1282, as amended, Lowenthal. Mental health: impacts of social media.Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and authorizes the commission to take specified actions, including advising the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.This bill would require the commission to report to specified policy committees of the Legislature, on or before July 1, 2025, a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The bill would require the report to include, among other things, (1) the degree to which individuals negatively impacted by social media are accessing and receiving mental health services and (2) recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness, as specified. The bill would require the commission to explore, among other things, the persons and populations that use social media and the negative mental health risks associated with social media and artificial intelligence, as defined. The bill would repeal these provisions on January 1, 2029.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Senate  September 01, 2023 Amended IN  Senate  June 13, 2023 Amended IN  Assembly  April 20, 2023 Amended IN  Assembly  April 06, 2023 Amended IN  Assembly  March 09, 2023

Amended IN  Senate  September 01, 2023
Amended IN  Senate  June 13, 2023
Amended IN  Assembly  April 20, 2023
Amended IN  Assembly  April 06, 2023
Amended IN  Assembly  March 09, 2023

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 1282

Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Connolly, Muratsuchi, and Villapudua)February 16, 2023

Introduced by Assembly Member Lowenthal(Coauthors: Assembly Members Connolly, Muratsuchi, and Villapudua)
February 16, 2023

An act to add and repeal Part 4.3 (commencing with Section 5887) 5888) of Division 5 of the Welfare and Institutions Code, relating to mental health. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1282, as amended, Lowenthal. Mental health: impacts of social media.

Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and authorizes the commission to take specified actions, including advising the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.This bill would require the commission to report to specified policy committees of the Legislature, on or before July 1, 2025, a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The bill would require the report to include, among other things, (1) the degree to which individuals negatively impacted by social media are accessing and receiving mental health services and (2) recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness, as specified. The bill would require the commission to explore, among other things, the persons and populations that use social media and the negative mental health risks associated with social media and artificial intelligence, as defined. The bill would repeal these provisions on January 1, 2029.

Existing law, the Mental Health Services Act, an initiative measure enacted by the voters as Proposition 63 at the November 2, 2004, statewide general election, establishes the Mental Health Services Oversight and Accountability Commission, and authorizes the commission to take specified actions, including advising the Governor or the Legislature regarding actions the state may take to improve care and services for people with mental illness.

This bill would require the commission to report to specified policy committees of the Legislature, on or before July 1, 2025, a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The bill would require the report to include, among other things, (1) the degree to which individuals negatively impacted by social media are accessing and receiving mental health services and (2) recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness, as specified. The bill would require the commission to explore, among other things, the persons and populations that use social media and the negative mental health risks associated with social media and artificial intelligence, as defined. The bill would repeal these provisions on January 1, 2029.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1.Part 4.3 (commencing with Section 5887) is added to Division 5 of the Welfare and Institutions Code, to read:4.3.Impacts of Social Media and Artificial Intelligence on Mental Health5887.SECTION 1. Part 4.3 (commencing with Section 5888) is added to Division 5 of the Welfare and Institutions Code, to read:PART 4.3. Impacts of Social Media and Artificial Intelligence on Mental Health5888. As used in this part, the following definitions shall apply:(a) Children and youth means individuals up to 26 years of age. (b) Commission means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845.(c) Social media means a social media platform, as defined in Section 22675 of the Business and Professions Code.(d) Artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments.(2) Abstract those perceptions into models through analysis in an automated manner.(3) Use model inferences to formulate options for information or action.5887.1.5888.1. (a) The commission shall report to the Senate and Assembly Committees on Health, the Senate Committee on Judiciary, the Assembly Committee on Privacy and Consumer Protection, and other relevant policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The report shall include all of the following:(1) The degree to which individuals negatively impacted by social media are accessing and receiving mental health services.(2) Recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness enumerated in subdivision (d) of Section 5840.(3) Any barriers to receiving the data relevant to completing this report.(b) In preparing the report, the commission shall explore all of the following:(1) The types of social media.(2) The persons and populations that use social media.(3) Opportunities to support resilience.(4) Negative mental health risks associated with social media, including all of the following:(A) Suicide.(B) Eating disorders.(C) Self-harm.(D) Prolonged suffering.(E) Depression.(F) Anxiety.(G) Bullying.(H) Substance abuse.(I) Other mental health risks as determined by the commission.(5) The negative health risks associated with artificial intelligence.(c) In formulating this report, the commission shall prioritize the perspectives of children and youth through a robust engagement process with a focus on transition-age youth, at-risk populations, in-need populations and underserved cultural and linguistic populations. The commission shall also consult with the California mental health community, including, but not limited to, consumers, family members, providers, and other subject matter experts.(d) The report shall be submitted on or before July 1, 2025.5887.2.5888.2. This part shall remain in effect only until January 1, 2029, and as of that date is repealed.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:







SECTION 1. Part 4.3 (commencing with Section 5888) is added to Division 5 of the Welfare and Institutions Code, to read:PART 4.3. Impacts of Social Media and Artificial Intelligence on Mental Health5888. As used in this part, the following definitions shall apply:(a) Children and youth means individuals up to 26 years of age. (b) Commission means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845.(c) Social media means a social media platform, as defined in Section 22675 of the Business and Professions Code.(d) Artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments.(2) Abstract those perceptions into models through analysis in an automated manner.(3) Use model inferences to formulate options for information or action.5887.1.5888.1. (a) The commission shall report to the Senate and Assembly Committees on Health, the Senate Committee on Judiciary, the Assembly Committee on Privacy and Consumer Protection, and other relevant policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The report shall include all of the following:(1) The degree to which individuals negatively impacted by social media are accessing and receiving mental health services.(2) Recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness enumerated in subdivision (d) of Section 5840.(3) Any barriers to receiving the data relevant to completing this report.(b) In preparing the report, the commission shall explore all of the following:(1) The types of social media.(2) The persons and populations that use social media.(3) Opportunities to support resilience.(4) Negative mental health risks associated with social media, including all of the following:(A) Suicide.(B) Eating disorders.(C) Self-harm.(D) Prolonged suffering.(E) Depression.(F) Anxiety.(G) Bullying.(H) Substance abuse.(I) Other mental health risks as determined by the commission.(5) The negative health risks associated with artificial intelligence.(c) In formulating this report, the commission shall prioritize the perspectives of children and youth through a robust engagement process with a focus on transition-age youth, at-risk populations, in-need populations and underserved cultural and linguistic populations. The commission shall also consult with the California mental health community, including, but not limited to, consumers, family members, providers, and other subject matter experts.(d) The report shall be submitted on or before July 1, 2025.5887.2.5888.2. This part shall remain in effect only until January 1, 2029, and as of that date is repealed.

SECTION 1. Part 4.3 (commencing with Section 5888) is added to Division 5 of the Welfare and Institutions Code, to read:

### SECTION 1.

PART 4.3. Impacts of Social Media and Artificial Intelligence on Mental Health5888. As used in this part, the following definitions shall apply:(a) Children and youth means individuals up to 26 years of age. (b) Commission means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845.(c) Social media means a social media platform, as defined in Section 22675 of the Business and Professions Code.(d) Artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments.(2) Abstract those perceptions into models through analysis in an automated manner.(3) Use model inferences to formulate options for information or action.5887.1.5888.1. (a) The commission shall report to the Senate and Assembly Committees on Health, the Senate Committee on Judiciary, the Assembly Committee on Privacy and Consumer Protection, and other relevant policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The report shall include all of the following:(1) The degree to which individuals negatively impacted by social media are accessing and receiving mental health services.(2) Recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness enumerated in subdivision (d) of Section 5840.(3) Any barriers to receiving the data relevant to completing this report.(b) In preparing the report, the commission shall explore all of the following:(1) The types of social media.(2) The persons and populations that use social media.(3) Opportunities to support resilience.(4) Negative mental health risks associated with social media, including all of the following:(A) Suicide.(B) Eating disorders.(C) Self-harm.(D) Prolonged suffering.(E) Depression.(F) Anxiety.(G) Bullying.(H) Substance abuse.(I) Other mental health risks as determined by the commission.(5) The negative health risks associated with artificial intelligence.(c) In formulating this report, the commission shall prioritize the perspectives of children and youth through a robust engagement process with a focus on transition-age youth, at-risk populations, in-need populations and underserved cultural and linguistic populations. The commission shall also consult with the California mental health community, including, but not limited to, consumers, family members, providers, and other subject matter experts.(d) The report shall be submitted on or before July 1, 2025.5887.2.5888.2. This part shall remain in effect only until January 1, 2029, and as of that date is repealed.

PART 4.3. Impacts of Social Media and Artificial Intelligence on Mental Health5888. As used in this part, the following definitions shall apply:(a) Children and youth means individuals up to 26 years of age. (b) Commission means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845.(c) Social media means a social media platform, as defined in Section 22675 of the Business and Professions Code.(d) Artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments.(2) Abstract those perceptions into models through analysis in an automated manner.(3) Use model inferences to formulate options for information or action.5887.1.5888.1. (a) The commission shall report to the Senate and Assembly Committees on Health, the Senate Committee on Judiciary, the Assembly Committee on Privacy and Consumer Protection, and other relevant policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The report shall include all of the following:(1) The degree to which individuals negatively impacted by social media are accessing and receiving mental health services.(2) Recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness enumerated in subdivision (d) of Section 5840.(3) Any barriers to receiving the data relevant to completing this report.(b) In preparing the report, the commission shall explore all of the following:(1) The types of social media.(2) The persons and populations that use social media.(3) Opportunities to support resilience.(4) Negative mental health risks associated with social media, including all of the following:(A) Suicide.(B) Eating disorders.(C) Self-harm.(D) Prolonged suffering.(E) Depression.(F) Anxiety.(G) Bullying.(H) Substance abuse.(I) Other mental health risks as determined by the commission.(5) The negative health risks associated with artificial intelligence.(c) In formulating this report, the commission shall prioritize the perspectives of children and youth through a robust engagement process with a focus on transition-age youth, at-risk populations, in-need populations and underserved cultural and linguistic populations. The commission shall also consult with the California mental health community, including, but not limited to, consumers, family members, providers, and other subject matter experts.(d) The report shall be submitted on or before July 1, 2025.5887.2.5888.2. This part shall remain in effect only until January 1, 2029, and as of that date is repealed.

PART 4.3. Impacts of Social Media and Artificial Intelligence on Mental Health

PART 4.3. Impacts of Social Media and Artificial Intelligence on Mental Health

5888. As used in this part, the following definitions shall apply:(a) Children and youth means individuals up to 26 years of age. (b) Commission means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845.(c) Social media means a social media platform, as defined in Section 22675 of the Business and Professions Code.(d) Artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments.(2) Abstract those perceptions into models through analysis in an automated manner.(3) Use model inferences to formulate options for information or action.



5888. As used in this part, the following definitions shall apply:

(a) Children and youth means individuals up to 26 years of age. 

(b) Commission means the Mental Health Services Oversight and Accountability Commission established pursuant to Section 5845.

(c) Social media means a social media platform, as defined in Section 22675 of the Business and Professions Code.

(d) Artificial intelligence means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to do all of the following: 

(1) Perceive real and virtual environments.

(2) Abstract those perceptions into models through analysis in an automated manner.

(3) Use model inferences to formulate options for information or action.

5887.1.5888.1. (a) The commission shall report to the Senate and Assembly Committees on Health, the Senate Committee on Judiciary, the Assembly Committee on Privacy and Consumer Protection, and other relevant policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The report shall include all of the following:(1) The degree to which individuals negatively impacted by social media are accessing and receiving mental health services.(2) Recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness enumerated in subdivision (d) of Section 5840.(3) Any barriers to receiving the data relevant to completing this report.(b) In preparing the report, the commission shall explore all of the following:(1) The types of social media.(2) The persons and populations that use social media.(3) Opportunities to support resilience.(4) Negative mental health risks associated with social media, including all of the following:(A) Suicide.(B) Eating disorders.(C) Self-harm.(D) Prolonged suffering.(E) Depression.(F) Anxiety.(G) Bullying.(H) Substance abuse.(I) Other mental health risks as determined by the commission.(5) The negative health risks associated with artificial intelligence.(c) In formulating this report, the commission shall prioritize the perspectives of children and youth through a robust engagement process with a focus on transition-age youth, at-risk populations, in-need populations and underserved cultural and linguistic populations. The commission shall also consult with the California mental health community, including, but not limited to, consumers, family members, providers, and other subject matter experts.(d) The report shall be submitted on or before July 1, 2025.



5887.1.5888.1. (a) The commission shall report to the Senate and Assembly Committees on Health, the Senate Committee on Judiciary, the Assembly Committee on Privacy and Consumer Protection, and other relevant policy committees of the Legislature a statewide strategy to understand, communicate, and mitigate mental health risks associated with the use of social media by children and youth. The report shall include all of the following:

(1) The degree to which individuals negatively impacted by social media are accessing and receiving mental health services.

(2) Recommendations to strengthen children and youth resiliency strategies and Californias use of mental health services to reduce the negative outcomes that may result from untreated mental illness enumerated in subdivision (d) of Section 5840.

(3) Any barriers to receiving the data relevant to completing this report.

(b) In preparing the report, the commission shall explore all of the following:

(1) The types of social media.

(2) The persons and populations that use social media.

(3) Opportunities to support resilience.

(4) Negative mental health risks associated with social media, including all of the following:

(A) Suicide.

(B) Eating disorders.

(C) Self-harm.

(D) Prolonged suffering.

(E) Depression.

(F) Anxiety.

(G) Bullying.

(H) Substance abuse.

(I) Other mental health risks as determined by the commission.

(5) The negative health risks associated with artificial intelligence.

(c) In formulating this report, the commission shall prioritize the perspectives of children and youth through a robust engagement process with a focus on transition-age youth, at-risk populations, in-need populations and underserved cultural and linguistic populations. The commission shall also consult with the California mental health community, including, but not limited to, consumers, family members, providers, and other subject matter experts.

(d) The report shall be submitted on or before July 1, 2025.

5887.2.5888.2. This part shall remain in effect only until January 1, 2029, and as of that date is repealed.



5887.2.5888.2. This part shall remain in effect only until January 1, 2029, and as of that date is repealed.