Bill Text: CA AB2964 | 2019-2020 | Regular Session | Amended

---

Bill Title: Domestic violence: victim’s rights.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-05 - Re-referred to Com. on PUB. S. [AB2964 Detail]

Download: California-2019-AB2964-Amended.html

---

Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 2964

---

Introduced by Assembly Member McCarty

February 21, 2020

---

An act to amend Section 6550 of the Family Code, relating to family law. add Section 679.06 to the Penal Code, relating to domestic violence.

LEGISLATIVE COUNSEL'S DIGEST

AB 2964, as amended, McCarty. Caregiver affidavits. Domestic violence: victim’s rights.

Existing law provides specified rights to victims of crime, including, for victims of domestic violence or abuse, as defined, the right to have a domestic violence advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. Existing law also requires the Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections to give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of specified crimes, including domestic violence, of any change in the parole status or relevant change in the parole location of the convicted person.

This bill would require the county probation department to notify a victim of domestic violence or abuse of the perpetrator’s proposed address when the perpetrator is being released on probation. By increasing the duties of county probation departments, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law contains a caregiver’s authorization affidavit which, when completed and signed by a caregiver 18 years of age or older, authorizes the caregiver to enroll the minor in school and consent to school-related medical care on behalf of the minor. Existing law provides an exemption from criminal and civil liability for a person who acts in good faith reliance on a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit.

This bill would make technical, nonsubstantive changes to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

---

Bill Text

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

SECTION 1.

 Section 679.06 is added to the Penal Code, to read:

679.06.

 The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 6203 or 6211 of the Family Code, or Section 13700 of this code, of the perpetrator’s proposed address when the perpetrator is being released on probation.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1.Section 6550 of the Family Code is amended to read:

6550.

(a)A caregiver’s authorization affidavit that meets the requirements of this part authorizes a caregiver 18 years of age or older who completes items 1 to 4, inclusive, of the affidavit provided in Section 6552 and signs the affidavit to enroll a minor in school and consent to school-related medical care on behalf of the minor. A caregiver who is a relative and who completes items 1 to 8, inclusive, of the affidavit provided in Section 6552 and signs the affidavit shall have the same rights to authorize medical care and dental care for the minor that are given to guardians under Section 2353 of the Probate Code. The medical care authorized by a caregiver who is a relative may include mental health treatment, subject to the limitations of Section 2356 of the Probate Code.

(b)The decision of a caregiver to consent to or to refuse medical or dental care for a minor shall be superseded by any contravening decision of the parent or other person having legal custody of the minor, provided the decision of the parent or other person having legal custody of the minor does not jeopardize the life, health, or safety of the minor.

(c)A person who acts in good faith reliance on a caregiver’s authorization affidavit to provide medical or dental care, without actual knowledge of facts contrary to those stated on the affidavit, is not subject to criminal liability or to civil liability to any person, and is not subject to professional disciplinary action, for that reliance if the applicable portions of the affidavit are completed. This subdivision applies even if medical or dental care is provided to a minor in contravention of the wishes of the parent or other person having legal custody of the minor as long as the person providing the medical or dental care has no actual knowledge of the wishes of the parent or other person having legal custody of the minor.

(d)A person who relies on the affidavit has no obligation to make further inquiry or investigation.

(e)This section does not relieve an individual from liability for violations of other laws.

(f)If the minor stops living with the caregiver, the caregiver shall notify the school, health care provider, or health care service plan that has been given the affidavit. The affidavit is invalid after the school, health care provider, or health care service plan receives notice that the minor is no longer living with the caregiver.

(g)A caregiver’s authorization affidavit is invalid unless it substantially contains, in not less than 10-point boldface type or a reasonable equivalent thereof, the warning statement beginning with the word “warning” specified in Section 6552. The warning statement shall be enclosed in a box with 3-point rule lines.

(h)For purposes of this part, the following definitions shall apply:

(1)“Person” includes an individual, corporation, partnership, association, the state, or a city, county, city and county, or other public entity or governmental subdivision or agency, or any other legal entity.

(2)“Relative” means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, half brother, half sister, uncle, aunt, niece, nephew, first cousin, or any person denoted by the prefix “grand” or “great,” or the spouse of any of the persons specified in this definition, even after the marriage has been terminated by death or dissolution.

(3)“School-related medical care” means medical care that is required by state or local governmental authority as a condition for school enrollment, including immunizations, physical examinations, and medical examinations conducted in schools for pupils.