Official Summary Text
AB 2318, as amended, Elhawary.
Law enforcement: facilitating medical care.
Existing law generally provides for the regulation of law enforcement agencies and requires specified law enforcement agencies to maintain policies on, among other things, use of force, hate crimes, and gun violence restraining orders. Existing law requires the Commission on Peace Officer Standards and Training to establish and keep updated a field training officer course relating to competencies of the field training program and police training program that addresses how to interact with persons with certain conditions.
This bill would make it unlawful for a law enforcement officer to deny, delay, obstruct, or fail to facilitate access to medical evaluation or treatment for an individual
in custody, detention, or
under law enforcement
control
control, but who is not in the custody of, or detained in, a county jail or the state prison,
if it is safe and reasonable to provide access to treatment and a medical professional is present or has been requested. If access is denied or delayed when a medical professional is present, the bill would require law enforcement to provide written documentation for the basis of a denial within 72 hours of the incident, as specified. The bill would authorize administrative discipline, including suspension or termination, against a law enforcement officer who violates those provisions. The bill would require the Commission on Peace Officer Standards and Training to incorporate guidance on those provisions into law enforcement training curricula. By creating a new crime and by increasing the duties on local law enforcement relating to reporting, the 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.