Reporting of crimes: mandated reporters.
Summary
Existing law requires a health practitioner, as defined, to make a report to law enforcement when they suspect a patient has suffered physical injury that is inflicted by the person's own act or inflicted by another where the injury is by means of a firearm, or caused by assaultive or abusive conduct, including elder abuse, sexual assault, or torture. A violation of these provisions is punishable as a misdemeanor. This bill would, on and after January 1, 2025, remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury caused by assaultive or abusive conduct, and instead only require that report if the health practitioner suspects a patient has suffered a wound or physical injury inflicted by the person's own act or inflicted by another where the injury is by means of a firearm, a wound or physical injury resulting from child abuse, or a wound or physical injury resulting from elder abuse. The bill would, on and after January 1, 2025, instead require a health practitioner who suspects that a patient has suffered physical injury that is caused by domestic violence, as defined, to, among other things, provide brief counseling, education, or other support, and a warm handoff, as defined, or referral to local and national domestic violence or sexual violence advocacy services, as specified. The bill would, on and after January 1, 2025, specify that a health practitioner is not civilly or criminally liable for any report that is made in good faith and in compliance with these provisions. This bill would make other conforming changes. Because a violation of these requirements would be a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Bill status
passed
3 of 5 stages cleared
Introduction
Feb 2023
Committee Review
Sep 2023
Assembly Passage
May 2023
Senate Passage
Governor
Introduced Feb 15, 2023
Last action Sep 1, 2023
Floor votes · Assembly May 31, 2023
How they voted
45–17
Passed · 18 other
Total votes 80
May 31, 2023
D
Democratic62
72% Yea
R
Republican18
83% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
17
Key actions
8
Committee
10
Amendments
2
Sep 1, 2023
Upper · Passed
In committee: Held under submission.
upper
Aug 28, 2023
Committee
In committee: Referred to APPR suspense file.
upper
Aug 2, 2023
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jul 12, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 3. Noes 1.) (July 11). Re-referred to Com. on APPR.
upper
Jun 28, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.
upper
Jun 27, 2023
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB S.
upper
Jun 15, 2023
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
Jun 14, 2023
Committee
Referred to Com. on PUB S.
upper
May 31, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 45. Noes 17. Page 1950.)
lower
Apr 19, 2023
Lower · Passed
From committee: Do pass. (Ayes 10. Noes 4.) (April 19).
lower
Mar 28, 2023
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (March 28). Re-referred to Com. on APPR.
lower
Mar 2, 2023
Committee
Referred to Com. on PUB. S.
lower
Feb 16, 2023
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Tina McKinnor
DDemocratic
Co
Buffy Wicks
DDemocratic
Co
Scott Wiener
DDemocratic
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