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AB-294 Correctional facilities: gassing.(2019-2020)

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Date Published: 03/06/2019 09:00 PM
AB294:v98#DOCUMENT

Revised  March 12, 2019
Amended  IN  Assembly  March 06, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 294


Introduced by Assembly Member Rodriguez
(Coauthor: Assembly Member Boerner Horvath)

January 28, 2019


An act to amend Sections 243.9 and 4501.1 of, and to add Sections 2068 and 4033 to, the Penal Code, relating to correctional facilities.


LEGISLATIVE COUNSEL'S DIGEST


AB 294, as amended, Rodriguez. Correctional facilities: gassing.
Existing law defines “gassing,” in part, as intentionally throwing human excrement or other bodily fluids at another person, resulting in actual contact with the person’s skin or membranes. Existing law makes it a crime of aggravated battery for any person confined in a local detention facility or the state prison to commit a battery by gassing upon the person of a peace officer or employee of the local detention facility or the state prison. The crime of aggravated battery is punishable by imprisonment in a county jail or the state prison for 2, 3, or 4 years. Existing law authorizes a chief medical officer of a local detention facility or state prison, or a designee, upon probable cause to believe gassing has occurred, and if it is deemed medically necessary to protect the officer or employee who was subject to the gassing, to order the inmate to receive an examination or test for hepatitis, tuberculosis, or both, as specified.
This bill would also authorize testing of an inmate for the human immunodeficiency virus (HIV) under those circumstances. The bill would require the warden of a state prison facility and the county sheriff or administrator of a county jail to post a legible notice in an easily visible location to officers and employees of the facility or jail that describes the rights of a victim of the aggravated battery at their respective facilities, and to provide physical notice of those rights to each victim of an aggravated battery. The bill would also require a state prison facility and a county jail to make protective gear, such as clothing, goggles, and shields, readily available to staff in an easily accessible location. The staff.
The bill would require each state prison facility and county jail to document specified information related to gassing attacks. The bill would require a state prison facility and a county jail to provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks, as specified, and to replace any article of an officer’s uniform that has been soiled in a gassing attack. The
The bill would require a state prison facility and a county jail to complete investigations of gassing attacks within 6 months of the violation and would provide the state prison facility or county jail, in consultation with the local district attorney’s office, with the discretion to not test the gassing substance for the presence of a bodily fluid if it determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery. The bill would provide an officer or employee who is the victim of a reported or suspected gassing attack with the right to request the inmate involved with the attack be tested for any communicable disease. HIV, hepatitis, and tuberculosis, as specified. By creating new duties for sheriffs and county jail administrators, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 243.9 of the Penal Code is amended to read:

243.9.
 (a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the local detention facility is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years.
(b) For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes.
(c) (1) The person in charge of the local detention facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The local facility shall complete its investigation within six months of the violation.
(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the local detention facility, or the chief medical officer’s designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or both hepatitis and tuberculosis, any combination of those diseases, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis HIV, hepatitis, or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section.
(3) Notwithstanding paragraph (2), the officer or employee who is subject to a reported or suspected violation of this section shall have the right to request the inmate be tested for any communicable disease. of the diseases listed in paragraph (2).
(d) (1) The person in charge of the local detention facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.
(2) The local detention facility shall consult with the local district attorney’s office to determine what physical evidence and documentation is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).
(3) The local detention facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorney’s office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).
(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section.

(e)Nothing in this section shall

(f) This section does not preclude prosecution under both this section and any other provision of law.

SEC. 2.

 Section 2068 is added to the Penal Code, to read:

2068.
 (a) (1) The warden in charge of a state prison facility shall post a legible notice in an easily visible location to officers and employees of the facility that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 4501.1.
(2) The notice shall be entitled “Victims’ Right to Aftercare in a Gassing Attack” and state the following:
“If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for communicable disease. the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers’ compensation insurance if you are injured or disabled in the course of employment.”
(3) The warden in charge of a state prison facility shall provide a physical notice explaining a victim’s rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 4501.1, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the warden and the victim and shall serve as an acknowledgment of the victim’s rights after a gassing attack.
(4) The warden in charge of a state prison facility shall provide on an annual basis a facilitywide email email, to the extent a facilitywide email is utilized by the state prison, describing a victim’s rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.
(b) A state prison facility shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff in an easily accessible location. staff.
(c) A state prison facility shall document all of the following:
(1) The total number of gassing incidents at the state prison facility and how many were committed by repeat offenders.
(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.
(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.
(4) Efforts that the state prison facility has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.
(5) The results and costs of medical testing related to gassing incidents.
(d) (1) A state prison facility shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.
(2) A state prison facility shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officer’s employment date.
(e) A state prison facility shall replace any article of an officer’s uniform that has been soiled in a gassing attack.
(f) (1) For the purposes of this section, “gassing” has the same meaning as described in subdivision (b) of Section 4501.1.
(2) For the purposes of this section, “officer” means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

SEC. 3.

 Section 4033 is added to the Penal Code, to read:

4033.
 (a) (1) The sheriff of each county or the administrator of each county jail shall post a legible notice in an easily visible location to officers and employees of the jail that describes the rights of a victim of aggravated battery, as described in subdivision (a) of Section 243.9.
(2) The notice shall be entitled “Victims’ Right to Aftercare in a Gassing Attack” and state the following:
“If you have direct contact with the bodily fluids of an inmate, you have the right to be informed by supervisory or medical personnel if the inmate has a communicable disease. You have the right to request that the inmate be tested for communicable disease. the human immunodeficiency virus (HIV), hepatitis, and tuberculosis. You have the right to access counseling services at the time of your request for disease testing and when the test results are provided to you. You are entitled to workers’ compensation insurance if you are injured or disabled in the course of employment.”
(3) The sheriff of each county or the administrator of each county jail shall provide a physical notice explaining a victim’s rights to aftercare in a gassing attack to an officer or employee who is a victim of aggravated battery, as defined in subdivision (a) of Section 243.9, immediately after the incident is reported. This document shall contain information substantially similar to the notice described in paragraph (2). The notice shall be signed by both the sheriff or county jail administrator and the victim and shall serve as an acknowledgment of the victim’s rights after a gassing attack.
(4) The sheriff of each county or the administrator of each county jail shall provide on an annual basis a facilitywide email email, to the extent a facilitywide email is utilized by the county jail, describing a victim’s rights to aftercare in a gassing attack. This email shall contain information substantially similar to the notice described in paragraph (2) and also include contact information for aftercare and counseling resources.
(b) A county jail shall make protective gear, including, but not limited to, clothing, goggles, shields, and other protective devices, readily available to staff in an easily accessible location. staff.
(c) A county jail shall document all of the following:
(1) The total number of gassing incidents at the county jail and how many were committed by repeat offenders.
(2) The disposition of each gassing incident, including administrative penalties imposed, number of incidents prosecuted, the results of those prosecutions, and any discipline procedures or penalties imposed.
(3) A profile of the inmates who committed the gassing incidents, including the number of inmates who have one or more prior serious or violent felony convictions.
(4) Efforts that the county jail has taken to limit these incidents, including staff training and the use of protective clothing, goggles, shields, or other protective gear.
(5) The results and costs of medical testing related to gassing incidents.
(d) (1) A county jail shall provide adequate training to officers on how to prevent and mitigate the harm from gassing attacks on a biennial basis.
(2) A county jail shall provide adequate training to a newly hired officer on how to prevent and mitigate the harm from gassing attacks within three months of the newly hired officer’s employment date.
(e) A county jail shall replace any article of an officer’s uniform that has been soiled in a gassing attack.
(f) (1) For the purposes of this section, “gassing” has the same meaning as described in subdivision (b) of Section 243.9.
(2) For the purposes of this section, “officer” means a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.

SEC. 4.

 Section 4501.1 of the Penal Code is amended to read:

4501.1.
 (a) Every person confined in the state prison who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or employee of the state prison is guilty of aggravated battery and shall be punished by imprisonment in a county jail or by imprisonment in the state prison for two, three, or four years. Every state prison inmate convicted of a felony under this section shall serve the term of imprisonment prescribed in Section 4501.5.
(b) For purposes of this section, “gassing” means intentionally placing or throwing, or causing to be placed or thrown, upon the person of another, any human excrement or other bodily fluids or bodily substances or any mixture containing human excrement or other bodily fluids or bodily substances that results in actual contact with the person’s skin or membranes.
(c) (1) The warden or other person in charge of a state prison facility shall use every available means to immediately investigate all reported or suspected violations of subdivision (a), including, but not limited to, the use of forensically acceptable means of preserving and testing the suspected gassing substance to confirm the presence of human excrement or other bodily fluids or bodily substances. The state prison facility shall complete its investigation within six months of the violation.
(2) If there is probable cause to believe that the inmate has violated subdivision (a), the chief medical officer of the state prison facility, or the chief medical officer’s designee, may, when they deem it medically necessary to protect the health of an officer or employee who may have been subject to a violation of this section, order the inmate to receive an examination or test for the human immunodeficiency virus (HIV), hepatitis, tuberculosis, or both hepatitis and tuberculosis, any combination of those diseases, on either a voluntary or involuntary basis immediately after the event, and periodically thereafter as determined to be necessary by the medical officer in order to ensure that further hepatitis or tuberculosis transmission does not occur. These decisions shall be consistent with an occupational exposure as defined by the Center for Disease Control and Prevention. The results of any examination or test shall be provided to the officer or employee who has been subject to a reported or suspected violation of this section. Nothing in this subdivision shall be construed to otherwise supersede the operation of Title 8 (commencing with Section 7500). Any person performing tests, transmitting test results, or disclosing information pursuant to this section shall be immune from civil liability for any action taken in accordance with this section.
(3) Notwithstanding paragraph (2), the officer or employee who is subject to a reported or suspected violation of this section shall have the right to request the inmate be tested for any communicable disease. of the diseases listed in paragraph (2).
(d) (1) The warden or other person in charge of a state prison facility shall refer all reports for which there is probable cause to believe that the inmate has violated subdivision (a) to the local district attorney for prosecution.
(2) The state prison facility shall consult with the local district attorney’s office to determine what physical evidence and documentation is necessary to prosecute a person for committing the aggravated battery described in subdivision (a).
(3) The state prison facility shall have the discretion to not test the gassing substance for the presence of a bodily fluid if the facility, in consultation with the local district attorney’s office, determines that testing is unnecessary to obtain sufficient evidence of the aggravated battery described in subdivision (a).
(e) This section does not preclude the right of an inmate to test the suspected gassing substance for purposes of providing a defense against any charges filed pursuant to this section.

(e)Nothing in this section shall

(f) This section does not preclude prosecution under both this section and any other provision of law.

SEC. 5.

 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.
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REVISIONS:
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