Susan Eggman
- Democratic
- Senator
- District 5
Author
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Existing law, for purposes of involuntary commitment, defines "gravely disabled" as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of "gravely disabled" to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. The bill would also expand the definition of "gravely disabled," as it applies to specified sections, to include, in addition to the basic needs described above, the inability for a person to provide for their personal safety or necessary medical care as a result of chronic alcoholism. The bill would authorize counties to defer implementation of these provisions to January 1, 2026, as specified. The bill would make conforming changes. To the extent that this change increases the level of service required of county mental health departments, the bill would impose a state-mandated local program. Existing law also authorizes the appointment of a conservator, in the County of Los Angeles, the County of San Diego, or the City and County of San Francisco, for a person who is incapable of caring for the person's own health and well-being due to a serious mental illness and substance use disorder. Existing law establishes the hearsay rule, under which evidence of a statement is generally inadmissible if it was made other than by a witness while testifying at a hearing and is offered to prove the truth of the matter stated. Existing law sets forth exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Under this bill, for purposes of an opinion offered by an expert witness in any proceeding relating to the appointment or reappointment of a conservator pursuant to the above-described provisions, the statements of specified health practitioners or a licensed clinical social worker included in the medical record would not be made inadmissible by the hearsay rule under specified conditions. The bill would authorize the court to grant a reasonable continuance if an expert witness in a proceeding relied on the medical record and the medical record has not been provided to the parties or their counsel. Existing law requires the State Department of Health Care Services to collect data quarterly and publish, on or before May 1 of each year, a specified report that includes, among other things, the number of persons for whom temporary conservatorship are established in each county and an analysis and evaluation of the efficacy of mental health assessments, detentions, treatments, and supportive services provided, as specified. This bill would, beginning with the report due May 1, 2024, require the report to also include the number of persons admitted or detained, as specified, for conditions that include, among others, grave disability due to a mental health disorder, severe substance use disorder, or both a mental health disorder and a severe substance use disorder. 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.
Chaptered by Secretary of State. Chapter 637, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Read third time. Passed. (Ayes 75. Noes 0. Page 3524.) Ordered to the Senate.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2822.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1).
Read second time and amended. Ordered to second reading.
August 23 set for first hearing. Placed on suspense file.
August 16 hearing postponed by committee.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 11).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 15. Noes 0.) (June 27). Re-referred to Com. on JUD.
Coauthors revised.
Read third time. Passed. (Ayes 37. Noes 0. Page 1328.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 7. Noes 0. Page 1158.) (May 18).
Set for hearing May 18.
May 8 hearing: Placed on APPR suspense file.
Set for hearing May 8.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 892.) (April 25).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing April 25.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 12. Noes 0. Page 574.) (March 29).
Set for hearing March 29.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after January 5.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB43 | HTML |
| 12/05/22 - Introduced | |
| 02/28/23 - Amended Senate | |
| 03/30/23 - Amended Senate | |
| 04/17/23 - Amended Senate | |
| 04/27/23 - Amended Senate | |
| 06/30/23 - Amended Assembly | |
| 07/13/23 - Amended Assembly | |
| 09/05/23 - Amended Assembly | |
| 09/08/23 - Amended Assembly | |
| 09/18/23 - Enrolled | |
| 10/10/23 - Chaptered |
| Document | Format |
|---|---|
| 03/27/23- Senate Health | |
| 04/22/23- Senate Judiciary | |
| 05/05/23- Senate Appropriations | |
| 05/24/23- Sen. Floor Analyses | |
| 06/23/23- Assembly Health | |
| 07/09/23- Assembly Judiciary | |
| 08/21/23- Assembly Appropriations | |
| 09/06/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/08/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/14/23- Sen. Floor Analyses |
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