Bill Text: CA SB295 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Sexually violent predators: civil commitment.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 182, Statutes of 2013. [SB295 Detail]

Download: California-2013-SB295-Introduced.html

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BILL NUMBER: SB 295	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        FEBRUARY 15, 2013

   An act to amend Section 4905 of the Welfare and Institutions Code,
relating to developmental services.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 295, as introduced, Emmerson. Developmental services:
protection and advocacy agencies.
   Existing law, the Lanterman Developmental Disabilities Services
Act, requires the State Department of Developmental Services to
contract with appropriate agencies to provide community services and
support for persons with developmental disabilities and their
families, including, but not limited to, regional centers, and sets
forth the duties of the regional centers, including, but not limited
to, development of individual program plan and the purchase of needed
services to implement the plan. Existing law prohibits an employee
or agent of a facility, program or service from subjecting a person
with a disability to reprisal or harassment that would prevent the
person, his or her legally authorized representative, or family
member from reporting to the protection and advocacy agency
designated by the Governor information pertaining to suspected abuse,
neglect, or other violations of the person's rights.
   This bill would make technical, nonsubstantive changes to those
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4905 of the Welfare and Institutions Code is
amended to read:
   4905.  (a) No employee or agent of a facility, program, or service
shall subject a person with a disability to reprisal or harassment
or directly or indirectly take or threaten to take  any
  an  action that would prevent the person, his or
her legally authorized representative, or family member from
reporting or otherwise bringing to the attention of the protection
and advocacy agency  any   the  facts or
information relative to suspected abuse, neglect, or other violations
of the person's rights.
   (b)  Any   An  attempt to involuntarily
remove from a facility, program, or service, or to deny privileges or
rights without good cause to a person with a disability by whom or
for whom a complaint has been made to the protection and advocacy
agency, within 60 days after the date the complaint is made or within
60 days after the conclusion of  any   a
proceeding resulting from the complaint, shall raise a presumption
that the action was taken in retaliation for the filing of the
complaint.