BILL NUMBER: SB 651	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 14, 2013
	AMENDED IN SENATE  APRIL 22, 2013
	AMENDED IN SENATE  APRIL 11, 2013

INTRODUCED BY   Senators Pavley and Leno
   (Coauthors: Senators Block, De León, DeSaulnier, Lieu, and Yee)
   (Coauthors: Assembly Members Ammiano, Bloom, Blumenfield, Brown,
Chesbro, Fox, Frazier, Garcia, Quirk-Silva, Rendon, Ting, and
Williams)

                        FEBRUARY 22, 2013

   An act to add Section 1424.6 to the Health and Safety Code, and to
amend Section 4427.5 of, and to add Sections 4313.5 and 4427.7 to,
the Welfare and Institutions Code, relating to health and human
services.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 651, as amended, Pavley. Developmental centers and state
hospitals.
   Existing law establishes the State Department of Developmental
Services and sets forth its powers and duties relating to the
administration of the state developmental centers. Existing law
establishes the State Department of State Hospitals and sets forth
its powers and duties relating to the administration of state
hospitals.
   This bill would require designated investigators of developmental
centers and state hospitals to authorize a sexual assault forensic
medical examination for any resident of a developmental center or any
resident of a state hospital, as applicable, who is a victim or
suspected victim of sexual assault, as defined, performed at an
appropriate facility off the grounds of the developmental center or
state hospital in accordance with specified provisions.  The bill
would authorize a sexual assault forensic medical examination to be
performed at a developmental center or a state hospital by an
independent sexual assault forensic examiner   designated to
perform examinations of victims of sexual assault in the
jurisdiction of the developmental center or state hospital only under
specified circumstances. 
   Existing law requires a developmental center to immediately report
specified incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located. Existing law provides for
the licensure and regulation of health facilities, including
long-term care facilities, as defined, by the State Department of
Public Health. Existing law provides for a citation system for the
imposition of civil penalties against long-term care facilities,
including penalties specifically applicable to certain skilled
nursing facilities and intermediate care facilities, in violation of
applicable laws and regulations.
   This bill would deem a developmental center's failure to report to
local law enforcement a class B violation, as specified, and subject
to the penalties applicable to those certain skilled nursing and
intermediate care facilities, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1424.6 is added to the Health and Safety Code,
to read:
   1424.6.  Failure by a developmental center to report incidents as
required under subdivision (a) of Section 4427.5 of the Welfare and
Institutions Code shall be deemed a class B violation and shall be
subject to the penalties specified in Section 1424.5.
  SEC. 2.  Section 4313.5 is added to the Welfare and Institutions
Code, to read:
   4313.5.   (a)    Designated investigators of
state hospitals shall authorize a sexual assault forensic medical
examination for any resident of a state hospital who is a victim or
suspected victim of sexual assault, as defined in Section 15610.63,
performed at an appropriate facility off the grounds of a state
hospital in accordance with Sections 13823.5 to 13823.12, inclusive,
of the Penal Code, which includes, but is not limited to, the
requirement that the law enforcement agency having jurisdiction over
the city or county in which the state hospital is located be notified
by the person performing the sexual assault forensic medical
examination as required by subdivision (a) of Section 13823.11 of the
Penal Code. 
   (b) The sexual assault forensic medical examination described in
subdivision (a) may be performed at a state hospital by an
independent sexual assault forensic examiner designated to perform
examinations of victims of sexual assault in the jurisdiction of the
state hospital only if it is deemed safer for the victim and the
state hospital's examination facilities are equipped with forensic
examination and evidence collection capability comparable to that of
the designated community examination facility, as determined by the
independent sexual assault forensic examiner. 
  SEC. 3.  Section 4427.5 of the Welfare and Institutions Code is
amended to read:
   4427.5.  (a) (1) A developmental center shall immediately report
the following incidents involving a resident to the local law
enforcement agency having jurisdiction over the city or county in
which the developmental center is located, regardless of whether the
Office of Protective Services has investigated the facts and
circumstances relating to the incident:
   (A) A death.
   (B) A sexual assault, as defined in Section 15610.63.
   (C) An assault with a deadly weapon, as described in Section 245
of the Penal Code, by a nonresident of the developmental center.
   (D) An assault with force likely to produce great bodily injury,
as described in Section 245 of the Penal Code.
   (E) An injury to the genitals when the cause of the injury is
undetermined.
   (F) A broken bone, when the cause of the break is undetermined.
   (2) If the incident is reported to the law enforcement agency by
telephone, a written report of the incident shall also be submitted
to the agency, within two working days.
   (3) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters, and any other reporting and investigative duties
of the developmental center and the department as required by law.
   (4) Nothing in this subdivision shall be interpreted to prevent
the developmental center from reporting any other criminal act
constituting a danger to the health or safety of the residents of the
developmental center to the local law enforcement agency.
   (b) (1) The department shall report to the agency described in
subdivision (i) of Section 4900 any of the following incidents
involving a resident of a developmental center:
   (A) Any unexpected or suspicious death, regardless of whether the
cause is immediately known.
   (B) Any allegation of sexual assault, as defined in Section
15610.63, in which the alleged perpetrator is a developmental center
or department employee or contractor.
   (C) Any report made to the local law enforcement agency in the
jurisdiction in which the facility is located that involves physical
abuse, as defined in Section 15610.63, in which a staff member is
implicated.
   (2) A report pursuant to this subdivision shall be made no later
than the close of the first business day following the discovery of
the reportable incident.
   (c) The department shall do both of the following:
   (1) Annually provide written information to every developmental
center employee regarding all of the following:
   (A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
   (B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
   (C) The penalties for failure to report suspected or known abuse.
   (D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
   (2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
   (d) A failure to report under subdivision (a) shall be deemed a
class B violation as provided in Section 1424.6 of the Health and
Safety Code.
  SEC. 4.  Section 4427.7 is added to the Welfare and Institutions
Code, to read:
   4427.7.   (a)    Designated investigators of
developmental centers shall authorize a sexual assault forensic
medical examination for any resident of a developmental center who is
a victim or suspected victim of sexual assault, as defined in
Section 15610.63, performed at an appropriate facility off the
grounds of the developmental center in accordance with Sections
13823.5 to 13823.12, inclusive, of the Penal Code, which includes,
but is not limited to, the requirement that the law enforcement
agency having jurisdiction over the city or county in which the
developmental center is located be notified by the person performing
the sexual assault forensic medical examination as required by
subdivision (a) of Section 13823.11 of the Penal Code. 
   (b) The sexual assault forensic medical examination described in
subdivision (a) may be performed at a developmental center by an
independent sexual assault forensic examiner designated to perform
examinations of victims of sexual assault in the jurisdiction of the
developmental center only if it is deemed safer for the victim and
the developmental center's examination facilities are equipped with
forensic examination and evidence collection capability comparable to
that of the designated community examination facility, as determined
by the independent sexual assault forensic examiner.