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AMENDED IN ASSEMBLY APRIL 22, 1991
CALIFORNIA LEGISLATURE-1991-92 REGULAR SF.~SION
ASSEMBLY BILLt· ~ , ff /<t~v No. 1114
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Introduced by AssembIY~mn~r f\~me- - udson
March 5, 1991
Aft ttet re amend Sections M-1-f-l, M~ £4-1+&, ftfle Mm ef
the Health ftfl-6 Safety Gode, relating re human medical
experimentation. An act to add Section 945.5 to the
Government Code, and to add Section 835.1 to the Penal
Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1114, as amended, Archie-Hudson. Human medical
experimentation Crimes.
(1) Existing law provides that an nrrest is mnde by an
actual restraint of the person, or by submission to the custody
of an officer and the person arrested may be subjected to such
restraint as is reasonable for his or her arrest and detention.
This bill would provide that every peace officer has a
continuing duty to abate and report any and all violations of
specified laws which are enforceable by that peclCe officer,
and this duty includes, but is not limited to, situations where
these laws are violated by other peace officers.
In addition, the bill would provide thclt any · violation of
these provisions by a peace officer shall be presumed to be
negligent behavior on the part of that peace officer unless
rebutted by clear and convincing evidence that his or l1er
action or failure to act was reasonable.
These provisions would apply to, but not be limited to, the
actions of peace officers during an arrest.
(2) Existing law provides that no person charged by
indictment, information, complaint, or other accusatory
98 80
,
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pleading charging a criminal offense may bring a civil action
for money or damages against a peace officer or the public
entity employing a peace officer based upon conduct of the
peace officer relating to the offense for which the accused is
charged, including an act or omission in investigating or
reporting the offense or the arresting or detaining of the
accused, while the charges against the accused are pending
before a justice, municipal, or superior court.
Tfiis bill would provide that notwithstanding these
provisions of existing law, or any other provision of law, a
person may bring an ;zction for damages against a peace
officer or the public entity employing the peace officer based
upon a violation of the duty imposed in (1).
ExistiHg lttw; the ProtectioH e.f Human Subjects ffi Medical
Experimentation A-et; pFohibits medical experiments, as
defined, uHless specified ~edures ttre complied wi-Hr,
iHcludiHg, ettt net limited te-, procedures relating -te obtaiHing
iHformed consent ft:em the subject, er the comeFvatof,
guardiaH, er ~ representative e.f the persoH. Existing lftw
prescribes ceftain misdemeanors fef persom primafil)'
respomible fef the conduct e.f ft medical expeFiment er ft
represeHtative er emplo}1ee e.f ft pharmaceutical compaH}',
whe ts directl}1 responsible fef contrnctiHg with aHother
person fef' the conduct e.f ft medical experiment.
~ lftW defines "medical experiment" -te include, ttt
ptM+, the gevernnce er penetration er damagiHg e.f tissues e.f
ft human subject ffl' the · ~ e.f ft 6-f-ttg er device,
el~ Fadiation, fteftf er eeltl; er ft biological
substaHee er orgaHism, ifl: er ttJ?6Il ft human subject ifl: -the
practice er rcsearch e.f mediciHe ttt ft maHHer Ile-f reasoHably
related -te maintaining 6f improviHg the health e.f the subject
er otherwise directly beHefiting t-he subject.
~ eiH would, ttt addition, include ifl: the defiHition ef
"medical experiment" perfermance ef these procedures~
ttey human tt.ffte; ptl'f't-; tissue, organ, genetic material, er fl.u.te;
which has eeefl: rcmo"t1ed, eJfcised, er othePNise obtaiHed ffflffl
ft persoH fe¥ ·~vhatevef reason er purpose vvhether iHitially
obtained during ft medical experiment, -test; operation, er
procedure, er obtained through ethef means. By expaHdiHg
the definition e.f existing crimes, this eiH v1ould impose ft
98 100
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SttttC/ffiaHaatea leeftl f}­+
htS lffll woula ~ &
anatofflieal authori2ed
pro•.1 isi0Hs ef ~
+he Calif-omia ~
lee&I agct=1eies flfld 9ffi€
~ the ~ Statuton
malciHg ~ rcimburs~
+hiseitlwould~
~ ~ ftef ~ a speeifi
Vote: majority. Appr
State-mandated local p
The people of the St
1 SECTION -h &
2 SECTION 1. ,
3 Government Code.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
945.5. Notwithsi
provision of law,
damages against a
employing the peac
duty imposed by S
SEC. 2. Section
read:
835.1. (a) Ever_1
to abate and repor
which are enforce:1l
includes, but is not I
are violated by oth<
(b) Any violation
to be negligent beh:
unless rebutted by c
or her action or fail
(c) This section sJ
to, the actions of pc.
_}' bring a civil action
officer or the public
upon conduct of the
which the accused is
in investigating or
or detaining of the
iccused are pending
(.' QUrt.
withstanding these
· provision of law, a
!{es against a peace
, pea.ce officer based
.(1). '
- SubJccts ift Medical
!tli experiments, - es
tFe complied wtfft;
relating ffi obtaining
rr the conservator,
person. Existing lttW
persons primaril)'
.ftl experiment 6f ft
,ttccutical company,
ettng ~ another
aimcnt.
r~ te include, tft
mttging ef tissues ef
atttg 6f dcYicc,
le, e¥ 0: biological
tffiftft subj cc t tft the
ftftef1 ft6t rc0:somtbly
lwttlth ef the subject
;eef-: I
i-ft the dcfinitioa ef
~ procedures ~
tie m0:tcri0:l, 6f flttte;
~ obtained frefft
~ whether initiall)·
1 ; ~ opcPO:tion, et'
~ By expanding
ti-H: 1Nould impose ft
98 100
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-3- AB 1114
~/mandated leeal program.
~ etH would ft6t apftt;' te unclaimed human remains, e¥
anatomical authet-i:tcd ~ obtained pursuant te specified
provisions ef l-a¥r.-
~ C0:lif.ornia Constitution requires the~ te reimburse
leeal agencies t¼fta school districts fe¥ cert0:in e&.,tS mandated
ey the Sfltte: Statutory pfO:visions ·estttblish pfOcedures for
ma.Icing th-ttt reimbuFsement.
~ ettl V+'ould pfOvide th-ttt ne reimhuFsement is required
ey ~ O:ef for ft specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes .
State-mandated local program: yes no.
The people of the State of California do enact as follows :
1 SECTION t Section Mm ef the Health 0:ne Saf-ety
2 SECTION 1. Section 945.5 is added to the
3 Government· Code, to read:
4 945.5. Notwithstanding Section 945.3 or any other
5 provision of law, a person may bring an action for
6 damages against a peace officer or the public entity
1 employing the peace officer based upon a violation of the
8 duty imposed by Section 835.1 of the Penal Code.
9 SEC. 2. Section 835.1 is added to the Penal Code, to
10 read:
11 . 835.1. ( a) Every peace officer has a continuing duty
12 to abate and report any and all violations of this code
13 which are enforceable by that peace officer, and this duty
14 includes, but is not limited to, situations where those laws
15 are violated by other peace officers.
16 (b) Any violation of subdivision (a) shall be presumed
17 to be negligent behavior on the part of that peace officer
18 unless rebutted by clear and convincing evidence that his
19 or her action or failure to act was reasonable .
20 (c) This section shall apply to, but shall not be limited
21 to, the_ actions of peace officers during an arrest.
98 130
344 ASS EMBLY WEEKLY HISTORY
A.B. No. 1113-Archie-Hudson.
An act to amend Sections 199.70 and 199.71 of the Health and Safety ( . , o<: ,
relating to acquired immune deficiency syndrome.
1991
Mar.
Mar.
Mar.
April
May
May
May
May
May
May
5-Read first time. To print.
&-From printer. May he heard in committ e e April 5 .
14-Referred to Com. on HEALTH.
10-From committee : Do pass, and re-refer to Com . on W. & M. with
recommendation: To Consent Calendar . Re-refe rred. (Ayes 12. Noes
0.) (April 9) .
&-From committee: Amend, and do pass as ame nded . ( Ayes 23 . No es
0.) (Ma y 1 ) .
7-Read se cond t ime and amended. Ordered re turned to second
reading.
8--Rea d se cond time . To third reading .
16-Rc ad third time , passed , and to Senate. ( Ay es 72. Noes 0. Page 1808. )
16-In Senate . Read fir st t ime. To Co m. o n HLS . fo r assig nme nt.
24-Referred to Com. on H. & H .S.
A.B. No. 1114-Archie-Hudson.
An act to add Section 945.5 to the Government Code, and to add Section 835.l
to the Penal Code, relating to crimes.
1991
Mar.
Mar.
Mar.
April
April
April
April
May
5-Read first time. To print.
6-From printer. May be heard in committee April 5.
14-Referred to Com. on HEAL TH .
18--Withdrawn from commi ttee. He-referred to Com. on PUB. S.
22--From committee chairman, with author's amendments: Amend, and
re-refer to Com. on PUB. S. Read second time and amended.
24-Re-referrc<l to Com . on PUB . S.
25-Withdrawn from commi ttee. Re-referred to Com. on JUD.
2-Joint Rule 61 suspended.
A.B . No. 1115-Archie-Hudson.
An act to add Section 14085.7 to the Wclf;re and Institutions Code, relating to
public social services.
1991
Mar.
Mar.
Mar.
May
May
May
5-Read first time. To print.
6-From printer. May be heard in committee April 5 .
14-Ref erred to Com. on HEAL TH.
2-From committee: Amend, and do pass as amended, and re-refer to
Com. on W. & M. with recommendation: To Consent Calendar.
. (Ayes 15. Noes 0.) (April 23) .
6-Read second time and amended.
14-Re-referred to Com. on W . & M.
A.B. No. 1116--Frazee.
An act to add Sections 6520.10, 6520.11, and 6520 .12 to the Health a nd Safety
Code, relating to sanitary districts.
1991
Mar.
Mar.
Mar.
April
April
May
May
May
May
May
5-Read first time. To print. ·
6-From printer. May be heard in committee April 5.
14-Referrcd to Com. on L. GOV.
15-From committee chairman, with author's amendments: Amend, and
re-refer to Com. on L . GOV. Read second time and amended.
17-Re-referred to Com. on L. GOV .
1-Frorn committee: Amend, and do pass as amended, and re-refer to
Corn. on W. & M . with recommendation: To Consent Calendar.
(Ayes 11. Noes 0. ) (April 24).
2-Read second time and amended.
9-Re-referred to Com. on W. & M.
. 23-From committee: Do pass. To Consent Calendar. ( May 22).
24-Read second time. To Consent Calendar.
A.B.
FRIDAY, t\t
No. 1117-Archie-Hudson
coauthor).
An act to amend Sections 51004 , .,; 1
and to amend, repeal , and aclc ·
relating to education .
1991
Mar.
Mar.
Mar.
April
April
April
May
May
May
May
5-Read first tim e . T o pri, ,
6-Frorn printer. Ma y be- I
19-Referred to Com . o n F l
18-From committee chaim ·
re-refer to Com . on F. I )
23-Re-referred to Com. 0 11
24-In committee: Set, fir st I
author.
&-Joint Rule 61 suspen dc <!
14-From committee : A men
on W . & M . (Ayes 8. :\ ,
15-Read second ti me a nd .•
24-Re-referred to Com . 011
A.B. No. 1118-Johnson.
An act to amend Sections 44021 :,
relating to air pollution.
1991 .
Mar.
Mar.
Mar.
April
May
May
5-Read first time. To prir,·
6-From printer. May be },
19-Referred to Com . on Tl
29-Jn committee: Set, fi rst I
author.
I-From committee chairr 11
re-refer to Com. on TH 1
&-Re-referred to Com. on
A.B. No. 1119-Clute.
An act to add Sections 309.220, 3()< 1
Code, relating to Adolescent
appropriation therefor . .
1991
Mar.
Mar.
Mar.
April
April
May
May
May
5-Read first time. To pri n t
6-From printer . May be h•
19-Referred to Com . on 111
18-From committee chair111 ·
re-refer to Com. on HJ-: ·
22-Re-referred to Com . on ;
13--From committee: Amen c1
on W. & M. (Ayes 10. \ ·
14-Read second time and ;1 •
22-Re-referred to Com . on '
A.B. No. 1120-Moore.
An act to amend Sect ion l J 2:jJ of t I
to public social services, and ma l
1991
Mar.
Mar.
Mar.
May
May
May
5-Read first time. To f>r i11 t
6-From printer. ~lay >c Ii ,
19-Referred to Com. on I fl
8-From committee: Amern 1
on W. & M . (Ares 4. :\<1
9-Read second time and ;tt
21-Re-referred to Com . or1 '
Services of Mead 0ata Central
1ST DOCUMENT of Level 1 printed in FULL format.
CALIFORNIA BILL TRACKING
STATENET
Copyright <c> 1991 by Information for Public Affairs, Inc.
ASSEMBLY ~ .. 1J 4_
1991 CA e0
DATE-INTRO: MARCH 5, 1991
LAST-ACTION: MAY 2, 1991
PAGE 17
SYNOPSIS: Provides that every peace officer has a continuing duty ta abate and
report any and all violations of specified laws which are enforceable by that
peace officer, and this duty includes, but is not limited to, situations where
these laws are violated by other peace officers. Provides that any violation of
these provisions by a peace officer shall be presumed to be negligent behavior
on the part of that peace officer unless rebutted by clear and convincing
evidence that the action was reasonable.
STATUS:
03/05/91 INTRODUCED.
03/14/91 To ASSEMBLY Committee on HEALTH.
04/18/91 Withdrawn from ASSEMBLY Committee on HEALTH. Re-referred to ASSEMBLY
Committee on PUBLIC SAFETY.
04/22/91 From ASSEMBLY Committee on PUBLIC SAFETY with author 1s amendments. Read
second time and amended. Re-referred to Committee.
04/25/91 Withdrawn from ASSEMBLY Committee an PUBLIC SAFETY. Re-referred ta
ASSEMBLY Committee on JUDICIARY.
05/02/91 In ASSEMBLY. Joint Rule 61 suspended.
SUBJECT: LAW AND JUSTICE, CRIMINAL LAW, Criminal Procedure and Investigations,
LAW AND JUSTICE PERSONNEL, Police Officers and Sheriffs and Certification
SPONSOR: Archie-Hudson