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SB-755 Civil discovery: mental examination.(2017-2018)

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Date Published: 05/16/2017 12:11 PM
SB755:v97#DOCUMENT

Amended  IN  Senate  May 15, 2017
Amended  IN  Senate  May 09, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 755


Introduced by Senator Beall

February 17, 2017


An act to add Section 2032.340 to the Code of Civil Procedure, relating to civil discovery.


LEGISLATIVE COUNSEL'S DIGEST


SB 755, as amended, Beall. Civil discovery: mental examination.
Existing law authorizes any party to obtain discovery by means of a physical or mental examination of a party to the action, an agent of any party, or a natural person in the custody of or under the legal control of a party, in any action in which the mental of physical condition of that party or other person is in controversy. Existing law requires a party to obtain leave of court to conduct a mental examination of a party, and requires a court to grant a motion for a mental examination only for good cause shown.
This bill would, in any action in which there is credible evidence that a child less than 15 years of age has been sexually abused, limit a mental examination of that child to psychological testing of no more than 3 hours, including any breaks, unless the court grants an extension for good cause. This bill would also require the examination to be conducted by a licensed psychotherapist, as defined.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 2032.340 is added to the Code of Civil Procedure, to read:

2032.340.
 (a) In any action in which there is credible evidence that a child less than 15 years of age has been sexually abused, as defined in Section 11165.1 of the Penal Code, any mental examination of that child is limited to psychological testing of no more than three hours, inclusive of breaks, and shall be conducted by a licensed psychotherapist, as defined in Section 1010 of the Evidence Code, who has expertise in child abuse and trauma.
(b) Notwithstanding subdivision (a), the court may grant an extension of the three-hour limit for good cause.
(c) For purposes of this section, “credible evidence” includes includes, but is not limited to, sworn testimony and or a guilty plea by the perpetrator.