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

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Date Published: 02/17/2017 09:00 PM
SB755:v99#DOCUMENT


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 introduced, 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.
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.
 In any action in which there is credible evidence, such as a guilty plea by the perpetrator, 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 3 hours, inclusive of breaks.