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AB-437 At-risk persons: first responders.(2017-2018)

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Date Published: 04/26/2017 09:00 PM
AB437:v96#DOCUMENT

Amended  IN  Assembly  April 26, 2017
Amended  IN  Assembly  April 05, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 437


Introduced by Assembly Member Rodriguez
(Coauthor: Assembly Member Chávez)

February 13, 2017


An act to add Section 14217 to the Penal Code, relating to at-risk persons.


LEGISLATIVE COUNSEL'S DIGEST


AB 437, as amended, Rodriguez. At-risk persons: first responders.
Existing law requires the Attorney General to establish and maintain the Violent Crime Information Center to assist in the identification and the apprehension of persons responsible for specific violent crimes and for the disappearance and exploitation of persons, particularly children and at-risk adults.
This bill would require the Attorney General to establish and maintain within the center a Voluntary Online At-Risk Community Network for purposes of providing information to first responders in order to prevent harmful interactions between first responders and seniors or persons with disabilities, as defined. The bill would prescribe the information that a senior, a person with a disability, a person with a limited conservatorship of a person with a developmental disability, or a parent or intellectual disability, as specified, or a parent or legal guardian of a minor child with a disability may voluntarily provide to the Attorney General for inclusion in the network, and prescribe how the network would be developed and communicated to the public, as specified. The bill would prohibit a conservator from submitting information on behalf of a conservatee if the conservatee directs the conservator not to submit information. The bill would require specified first responders to broadcast a “Be on the Lookout” bulletin within its jurisdiction under circumstances upon which a person in the network is missing or needs assistance. By imposing new duties on local entities under various provisions of the bill, the bill would create 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 14217 is added to the Penal Code, to read:

14217.
 (a) The Attorney General shall establish and maintain within the center the Voluntary Online At-Risk Community Network. The purpose of this network is to rapidly provide information to first responders to prevent harmful interactions between seniors and persons with disabilities and first responders. The Attorney General shall design the network, using any one or more existing systems, including the California Law Enforcement Telecommunications system, secure web-portals, Internet Web portals, and emergency response systems.
(b) A senior or a person with a disability may voluntarily provide the Attorney General with information about themselves himself or herself to include in the network. The information voluntarily provided may include, but is not limited to, any of the following:
(1) The person’s name.
(2) The person’s date of birth.
(3) The person’s height.
(4) The person’s weight.
(5) The person’s race or ethnicity.
(6) The person’s physical description, including hair color, eye color, or body marks.
(7) How a disability manifests, such as memory loss, uneven gait, use of a wheelchair, or loss of hearing or vision, or the type of disability, such as autism, schizophrenia, dementia, blindness, deafness, or being hard of hearing.
(8) Known signs of distress, such as sweating, clenching of teeth or fists, pacing, breathing hard, or throwing or waving an object.
(9) Known actions that make the person respond with unfamiliar behavior, such as being touched, being surrounded, yelling, loud noise, isolation, or certain words.
(10) Calming strategies and things that give the person a sense of security, such as being wrapped in a blanket, drinking a beverage, objects, or certain words.
(11) Preferences regarding contact with others, including means of communication, such as sign language, Braille, supported communication, or preferred language.
(12) Any other information deemed appropriate by the Attorney General in consultation with stakeholders from the senior and disability communities.
(c) The Attorney General, in consultation with stakeholders from the senior and disability communities, shall develop a paper-based and electronic method to include information in the network.
(d) Information in the network shall only be made available to first responders for the sole purpose of preventing harm to seniors and persons with disabilities. At no point shall any information in the network be disclosed to the public.
(e) A senior or a person with a disability who voluntarily provides the Attorney General with information about themselves himself or herself to include in the network retains the right to remove this information from the network at any time.
(f) Only a senior or a person with a disability may voluntarily provide the Attorney General with information about themselves himself or herself to include in the network. Except as provided in paragraph (5) of subdivision (k), (k) and subdivision (l), at no time shall any law enforcement entity or first responder or any other public or private entity or individual provide the Attorney General with information to include in the network about a senior or a person with a disability.
(g) If a member of the public reports to a first responder that a person in the network is missing or needs assistance, the first responder shall broadcast a “Be on the Lookout” bulletin that references the person’s profile in the network, without delay, within its jurisdiction.
(h) The Attorney General, in consultation with stakeholders from the senior and disability communities, shall develop a voluntary identification system that allows a senior or a person with a disability to voluntarily wear an object, such as a wristband, button, or lanyard that indicates the person is included in the network.
(i) The Attorney General shall issue an information bulletin to first responders to provide notice about the network.
(j) The Attorney General, in consultation with stakeholders from the senior and disability communities, shall notify the general public about the network.
(k) For purposes of this section, the following definitions shall apply:
(1) “Disability” or “disabilities” means any disability, as defined in Sections 12926 and 12926.1 of the Government Code.
(2) “First responder” means a state or local peace officer, emergency medical technician, or firefighter.
(3) “Network” means the network described in subdivision (a).
(4) “Supported decisionmaking” means a process of supporting and accommodating an adult with a disability to enable the adult to make life decisions without impeding the self-determination of the adult.
(5) “Voluntarily” means that the information was provided by any of the following:
(A) The senior or person with a disability in the absence of coercion and pursuant to his or her own free will.
(B) The person with a disability through the use of supported decisionmaking.
(C) A person with a limited conservatorship of a person with a developmental disability. or intellectual disability, but only if the conservatee is unable to make the decision to provide information as a result of his or her disability even with the use of supported decisionmaking.
(D) A parent or legal guardian of a minor child with a disability.
(l) (1) Before a conservator may submit information on behalf of a conservatee with a developmental or intellectual disability, the conservator shall inform the conservatee that he or she is considering submitting the information and that the conservatee may decide against submitting it. The conservator shall not submit the information if the conservatee directs the conservator not to submit it.
(2) After a conservator submits information on behalf of a conservatee with a developmental or intellectual disability, the conservator shall inform the conservatee that the conservator has done so and shall further inform him or her that, if the conservatee ever wants the information removed, the conservatee may request the removal of the information or direct the conservator to remove it, in which case the conservator shall then request that the information be removed.

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.