California Assembly bill 1114, 1991-03-05 |
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. _,/ ,., \ • • • • • • AMENDED IN ASSEMBLY APRIL 22, 1991 CALIFORNIA LEGISLATURE-1991-92 REGULAR SF.~SION ASSEMBLY BILLt· ~ , ff /<t~v No. 1114 ,, f ., tl,,OL~ - -J._[,_....,,,, '.faV 1 . ?f .j- r' ·:.. ~~ < _-_,,; ~ "'Y"', 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 , -2- 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 • • • • • • • • • • • • 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 • • • • • • • • • • • • -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
Object Description
Title | Bills relevant to police use of excessive force pending in Calif. Legislature, 1990 Mar. - 1991 June |
Description | Bills relevant to police use of excessive force pending in the California Legislature, 1990 March 2 - 1991 June 19. PART OF A SERIES: Materials in the series fall into one of several categories related to the Independent Commission's work product: (1) Commission meeting materials, which include meeting agendas, work plans, memoranda, and articles about police misconduct that were circulated and reviewed during the Commission's internal meetings; (2) public correspondence, which includes citizen complaints against the LAPD in the form of written testimony, articles, and an audio cassette tape, as well as letters drafted by citizens in support of the LAPD; (3) summaries of interviews held with LAPD officers regarding Departmental procedures and relations; (4) public meeting materials, which include transcripts, supplementary documents, and witness statements that were reviewed at the Commission's public meetings; (5) press releases related to the formation and work product of the Commission; and (6) miscellaneous materials reviewed by the Commission during its study, including LAPD personnel and training manuals, a memorandum of understanding, and messages from the LAPD's Mobile Digital Terminal (MDT) system. |
Coverage date | 1990-03-02/1991-06-19 |
Publisher (of the digital version) | University of Southern California |
Date created | 1990-03-02/1991-06-19 |
Type | texts |
Format | 108 p. |
Format (aat) |
bills (legislative records) clippings (information artifacts) correspondence memorandums |
Format (imt) | application/pdf |
Language | English |
Contributing entity | University of Southern California |
Part of collection | Independent Commission on the Los Angeles Police Department, 1991 |
Series | Independent Commission File List |
File | Training Procedures |
Box and folder | box 25, folder 38 |
Provenance | The collection was given to the University of Southern California on July 31, 1991. |
Rights | This work is licensed under a Creative Commons Attribution 4.0 International License. https://creativecommons.org/licenses/by/4.0/ All requests for permission to publish or quote from manuscripts must be submitted in writing to the Manuscripts Librarian. Permission for publication is given on behalf of Special Collections as the owner of the physical items and is not intended to include or imply permission of the copyright holder, which must also be obtained. |
Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
Repository name | USC Libraries Special Collections |
Repository address | Doheny Memorial Library, Los Angeles, CA 90089-0189 |
Repository email | specol@dots.usc.edu |
Filename | indep-box25-38 |
Description
Title | California Assembly bill 1114, 1991-03-05 |
Description | Senate Bill No. 1114 - introduced by Assembly Member Archie-Hudson |
Coverage date | 1991-03-05 |
Date created | 1991-03-05 |
Type | texts |
Format | 5 p. |
Format (aat) | bills (legislative records) |
Format (imt) | application/pdf |
Contributing entity | University of Southern California |
Series | Independent Commission File List |
File | Training Procedures |
Box and folder | box 25, folder 38, item 6 |
Physical access | Contact: Special Collections, Doheny Memorial Library, Libraries, University of Southern California, Los Angeles, CA 90089-0189; specol@dots.usc.edu |
Full text |
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AMENDED IN ASSEMBLY APRIL 22, 1991
CALIFORNIA LEGISLATURE-1991-92 REGULAR SF.~SION
ASSEMBLY BILLt· ~ , ff / |
Filename | indep-box25-38-06.pdf |
Archival file | Volume85/indep-box25-38-06.pdf |