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SB-1325 Peaceful and Natural Dignity Act: the right of self-quarantine.(2017-2018)

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Date Published: 04/09/2018 09:00 PM
SB1325:v97#DOCUMENT

Amended  IN  Senate  April 09, 2018
Amended  IN  Senate  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1325


Introduced by Senator Moorlach

February 16, 2018


An act to add Section 52.35 to the Civil Code, and to add Part 8 (commencing with Section 122500) to Division 105 of the Health and Safety Code, relating to public health.


LEGISLATIVE COUNSEL'S DIGEST


SB 1325, as amended, Moorlach. Peaceful and Natural Dignity Act: the right of self-quarantine.
Existing law sets forth various civil rights of individuals and provides a civil cause of action for a violation of those rights.
This bill would recognize the right of self quarantine, self-quarantine, and would establish a civil cause of action for violation of that right.
Existing law establishes the State Department of Public Health, headed by the State Public Health Officer, and sets forth its powers and duties, including the administration of provisions relating to the prevention and control of communicable disease. Existing law requires the department to establish a list or of reportable diseases and authorizes the state health officer, in conjunction with local health officers, to require quarantine when necessary for the protection of the public health.
This bill would enact the Peaceful and Natural Dignity Act (PANDA) to permit a person an individual to exercise the right of self-quarantine, as defined, in lieu of compliance with an otherwise mandatory medication medication, quarantine, isolation, or other contagion prevention orders order or requirements of governmental agencies or officers.
This bill would set forth procedures for electing to exercise this right and would set forth the requirements for the seclusion area. The bill would exempt persons in self-quarantine self-quarantined individuals from specified compulsory legal process. process, including jury duty and school attendance. By requiring local agencies to comply with its requirements, and by making a violation of its provisions a crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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 52.35 is added to the Civil Code, immediately following Section 52.3, to read:

52.35.
 (a) No A governmental authority, or agent of a governmental authority, or person acting on behalf of a governmental authority, shall not engage in a pattern or practice of conduct that deprives any person of his or her right of self-quarantine as set forth in the Peaceful and Natural Dignity Act (Part 8 (commencing with Section 122500) of Division 105 of the Health and Safety Code).
(b) Any person who has been the victim of a violation of subdivision (a) may bring a civil action for damages against any responsible party. The plaintiff may seek actual damages, compensatory damages, punitive damages, injunctive relief, any combination of those, or any other appropriate relief. A prevailing plaintiff may also be awarded attorney’s fees and costs.

SEC. 2.

 Part 8 (commencing with Section 122500) is added to Division 105 of the Health and Safety Code, to read:

PART 8. Peaceful and Natural Dignity Act

122500.
 (a) This part shall be known, and may be cited, as the Peaceful and Natural Dignity Act (PANDA).
(b) For purposes of this part, the following definitions shall apply:
(1) “Self-quarantine” means the right of a person to voluntarily place oneself in a state of quarantine within a self-quarantine area area, as set forth in this part part, in lieu of compliance with an order of a governmental officer or entity regarding mandatory medication, seclusion, quarantine, isolation, or other requirement related to the prevention or mitigation of the spread of a contagious disease or pathogen.
(2) “Self-quarantine area” means the private geographic area maintained as the exclusive area for any manner of living, work, or travel by the individual or individuals group exercising the right of self-quarantine under this part.
(3) “Governmental entity” means an entity of the state or local government.
(4) “Governmental officer” means any an officer, employee, or agent of a governmental entity.
(5) “Peacefully natural” refers to an unmedicated a manner of being, which being that is a fundamental expression of the individual human condition. Peacefully natural includes, but is not limited to, refraining from medical treatment and testing, and refraining from injection or implantation of any artificial item or biological matter, for any purpose.
(6) “Emergency” means any a state of martial law or emergency of any kind, whether declared or undeclared, including any a state or local emergency.

122501.
 (a) The right of self-quarantine is an attribute of the right of privacy privacy, which is derived from Section 1 of Article I of the California Constitution. Notwithstanding any law, including any contrary provisions of this division, including, but not limited to, Section 120275, the goal of this part is to provide a statutory authority for a person to voluntarily exercise that right and to elect to live a peacefully natural existence rather than comply with otherwise mandatory medication or other contagion-prevention orders or requirements.
(b) During any an emergency, any an individual or group is entitled to exercise the right of self-quarantine alone or together by electing to remain within the self-quarantine area for the self-quarantine period, as set forth in this part.

122502.
 (a) Licensed health care personnel, including, but not limited to, physician and surgeons, naturopathic doctors, and others others, may assist individuals in complying with this section by performing services consistent with their scope of practice, including, but not limited to, conducting physical examinations and diagnostic tests for the purpose of advising patients regarding any of the following:
(1) Their present physical condition and relative susceptibility to disease or harm.
(2) The general risks of self-quarantine.
(3) Any approved methods by applicable health authorities for voluntarily ending self-quarantine.
(b) To document a physical consultation or diagnostic test for purposes of this part, the health care professional shall provide the patient with a written note describing at least both of the following:
(1) The patient’s name and location.
(2) A general statement of the patient’s physical condition.
(c) The provision of health care services and supporting documentation pursuant to this section may be performed remotely by telemedicine or electronic communication.

122503.
 (a) A person An individual, who receives a written confirmation that he or she has consulted with his or her physician and surgeon or naturopathic doctor for self-compliance on self-quarantine matters and who has identified a self-quarantine area that satisfies the requirements of this part, is presumed to be in full compliance with this part, rebuttable only by an individualized judicial finding of clear and convincing evidence of a violation of this part posing a direct and immediate threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(b) In all other cases, noncompliance with this part may be established by the applicable public health authority upon a judicial finding of substantial and credible evidence of a violation of this part posing a direct threat to human life that is substantially greater than the general threat outside the self-quarantine area, and that substantially greater threat can only be remedied by removing the self-quarantine.
(c) Any A hearing under this section shall afford the parties concerned with adequate notice of hearing and the right to present evidence in rebuttal.

122504.
 (a) The self-quarantine area shall be located on private property that is the primary residence of the self-quarantine person or persons self-quarantined individual or group and that the self-quarantine person or persons are self-quarantined individual or group is otherwise legally authorized to inhabit.
(b) Wilderness lands, even if owned or maintained by a government entity, may be considered “private property” for these purposes, private and suitable for a self-quarantine if the self-quarantined person individual or group is otherwise legally authorized to inhabit the area as a maintained and sanitary campsite for the self-quarantine period of time and the area otherwise meets all of the requirements of this part. If the self-quarantine area is on wilderness lands, the self-quarantine self-quarantined individual or group shall refrain from willfully coming within one quarter mile of a designated park road or trail, or one mile of a park facility building.

122505.
 (a) The self-quarantine area shall be suitable to fully sustain the proposed self-quarantine self-quarantined population. However, the self-quarantine self-quarantined population may make arrangements for the delivery of necessary supplies and the provision of necessary services, consistent with this part.
(b) Ranches, homesteads, and farms that are organic or natural in character, and which contain a septic system located on the property in question, are presumptive examples where individuals can self-quarantine. The lack of a presumption under Section 122503 is not determinative of the validity of a self-quarantine area.
(c) The products and produce of a self-quarantine area are also subject to quarantine.
(d) The perimeter of the self-quarantine area shall be properly posted to ensure that members of the public do not inadvertently enter the self-quarantine area.
(e) The self-quarantine area shall meet all state and local infrastructure requirements, including, but not limited to, sanitation requirements, otherwise applicable to a site to be inhabited by a group the size of the proposed self-quarantine self-quarantined population.
(f) The self-quarantine area shall have one clearly identified access point for all ingress and egress. This access point shall include a clearly identified portal for the delivery of all necessary supplies and for the arrival of all necessary service, health care, emergency, law enforcement, and other personnel. All delivery, service, emergency, law enforcement, health care, or other personnel shall wear appropriate safety clothing and equipment as necessary to prevent cross contamination at all times within the self-quarantine area.
(g) In the event of a dispute between inhabitants of a self-quarantine area, authorities shall respect the self-quarantine rights of both parties under this part and may only forcibly remove a person who has committed a public offense or who lacks a legal right to be on the property.

122506.
 The right to self-quarantine includes, but is not limited to, the right to safely travel to the self-quarantine area. An automobile or mobile trailer shall be considered a temporary extension of the self-quarantine area, but only for the purpose of driving to the self-quarantine area. This section does not permit a self-quarantine self-quarantined individual to travel between different potential self-quarantine areas, or to exit the self-quarantine area to retrieve supplies for the self-quarantine area.

122507.
 (a) A parent or guardian in quarantine or isolation self-quarantine does not lose his or her fundamental parental right to assert his or her child’s right to consent to, or to refuse to consent to, medical treatment.
(b) Notwithstanding any law, all of the following apply to individuals in self-quarantine: self-quarantined individuals:
(1) Individuals and their property in self-quarantine protected under this part shall be temporarily relieved of all of the following compulsory legal process for the duration of their self-quarantine:
(A) Jury duty.
(B) Witness subpoena in a civil or criminal matter.
(C) Court attendance or notice in a civil matter.
(D) School attendance.
(E) Transfer or surrender of property.
(2) At the conclusion of the self-quarantine period, compulsory legal process may be resumed, except that the affirmative defenses of impossibility and force majeure shall be available to prevent injustice.

122508.
 Notwithstanding any law, for contracts entered into or amended on or after January 1, 2019, all of the following apply to self-quarantined individuals who are parties to the contract:
(a) In any debt collection matter against an individual or his or her property previously in self-quarantine, any nonpayment by the debtor during the time period of self-quarantine, or accrual of interest or penalties during the time period of self-quarantine, shall not be allowed.
(b) A creditor or service provider shall not be penalized for any failure to provide any a service or notice to a debtor or purchaser during the time period of the self-quarantine of any party involved in his or her the transaction.
(c) A party to a contract may unilaterally terminate without penalty a contract without penalty during the time period of the other party’s self-quarantine, if the self-quarantining party’s failure to provide consideration during the time period of the self-quarantine would constitute a material breach of contract if not for the self-quarantine. This subdivision does not relieve a party who has already collected consideration under a contract from either paying for that consideration or returning it, as fairness requires, at the conclusion of the self-quarantine.

122509.
 (a) A person An individual who is the recipient of an otherwise mandatory medication or seclusion order or other requirement imposed by a governmental entity or officer order for medication, quarantine, isolation, or other requirement related to the prevention or mitigation of the spread of a contagious disease or pathogen, and who elects to exercise the right of self-quarantine under this part in lieu of compliance with that requirement order, shall provide a written notice to the governmental entity or officer and shall file a copy of the notice with the Secretary of State. The notice shall certify that the self-quarantine is in compliance with this part and shall identify the self-quarantine area and duration.
(b) Written notice shall be provided to the governmental officer or entity, and the Secretary of State, when the quarantine has ended, or if the period of quarantine is to be extended.
(c) A self-quarantined person individual may post a written notice at the entrance of the self-quarantine area, in substantially the following form:

PANDA NOTICE
The inhabitant (s) of this area exercise PANDA rights to remain peacefully natural within the following self-quarantine area:________________________________________________________ (Insert general description or address of self-quarantine area)
People: ______________________________________________________ (Insert names of people within the self-quarantine area who are exercising PANDA rights)
If (I or we) have any written confirmation that (I or we) have consulted health professionals as required by law for self-compliance on home quarantine matters, the documentation is attached to this notice, or may be obtained by contacting: ____________________________________________________________. (Optional: Insert the contact information for any doctor or lawyer assisting you with any self-compliance documentation)

122510.
 (a) This part does not prohibit or restrict the incarceration of any a duly convicted person, individual, nor does it prevent the lawful arrest of any an individual for a crime, unless that alleged crime or incarceration is due to the individual’s refusal to follow a public health order conflicting with his or her rights under this part.
(b) This part does not limit the reporting requirements regarding matters of infectious disease otherwise required by law, including, but not limited to, this division.
(c) This part does not limit law enforcement in lawfully investigating and prosecuting criminal activity. This part does not impede the ability of authorities to immediately rectify an immediate safety threat, including, but not limited to, an imminent and life-threatening fire hazard at a self-quarantine area.
(d) This part does not provide an individual exercising his or her right of self-quarantine with immunity from termination of employment, whether public or private.

122511.
 (a) (1) Notwithstanding any law, no a person shall not obstruct or interfere with the exercise of the right of self-quarantine as set forth in this part.
(2) A knowing violation of paragraph (1) is a misdemeanor. A knowing and willful violation of paragraph (1) is a felony.
(b) Any A governmental officer who violates this part under color of authority, by maliciously and materially denying PANDA rights to a person, is guilty of a felony punishable by 16 months, 18 months, or two years in the county jail, a fine of ten thousand dollars ($10,000) and up to one year imprisonment ($10,000), or both that fine and imprisonment for each violation.
(c) Immunities pursuant to Section 855.4 of the Government Code do not apply to violations of this part.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.