BILL NUMBER: AB 2616 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 3, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Lowenthal
Skinner
FEBRUARY 21, 2014
An act to amend Section 3453 of the Penal
add Section 3212.13 to the Labor Code, relating to
postrelease community supervision. workers'
compensation.
LEGISLATIVE COUNSEL'S DIGEST
AB 2616, as amended, Lowenthal Skinner
. Postrelease community supervision: notification of
penalties for violation. Workers' compensation:
hospital employers: compensation.
Existing law provides that an injury of an employee arising out of
and in the course of employment is generally compensable through the
workers' compensation system. Existing law provides that, in the
case of certain public employees, the term "injury" includes heart
trouble, hernia, pneumonia, meningitis, lower back impairment, and
other injuries and diseases.
This bill would provide, with respect to hospital employees who
provide direct patient care in an acute care hospital, that the term
"injury" includes a methicillin-resistant Staphylococcus aureus skin
infection (MRSA skin infection) that develops or manifests itself
during the period of the person's employment with the hospital. This
bill would create a presumption that a MRSA skin infection arises out
of and in the course of the person's employment if the MRSA skin
infection develops or manifests, as specified. This bill would
prohibit attributing a MRSA skin infection that develops or manifests
in those cases to any disease or skin infection existing prior to
that development or manifestation.
Existing law, the Postrelease Community Supervision Act of 2011,
requires certain inmates released from state prison to be subject to
supervision by a county agency. The act specifies the conditions of
postrelease community supervision, including, among others, requiring
that the person released be informed of the conditions of his or her
release. Existing law permits each county agency responsible for
postrelease supervision to determine an appropriate response to
alleged violations of those conditions, including flash incarceration
in a city or county jail. Existing law defines flash incarceration
as a period of detention in a city or county jail ranging from one to
10 days due to a violation of an offender's conditions of
postrelease supervision.
This bill would additionally require, as a condition of
postrelease community supervision, that the person released be
informed of the penalties for violation of the conditions of
postrelease community supervision, including, but not limited to, the
potential for flash incarceration without a court hearing. By
increasing the duties of local officials, 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, 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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) According to the United States Department of Labor, health
care is the second fastest growing sector of the United States
economy, employing over 12 million workers. Women represent nearly 80
percent of the health care workforce.
(b) By the nature of their profession, health care workers are in
constant danger of being directly exposed to many infectious diseases
and indirectly exposed through contact with various pieces of
equipment, chemicals, and clothing.
(c) Registered nurses constitute the largest occupation within the
health care sector and number over 2.5 million, of which 70 percent
are employed in hospitals.
(d) Health care-acquired infections in California hospitals
account for an estimated 200,000 infections and 12,000 deaths
annually, according to the State Department of Public Health.
(e) According to the Office of Statewide Health Planning and
Development, in 2007 there were 52,000 cases of patients infected by
methicillin-resistant Staphylococcus aureus (MRSA) at hospitals
across the state.
(f) Public safety employees, such as police officers and
firefighters, already have guaranteed access to the workers'
compensation system for methicillin-resistant Staphylococcus aureus
skin infection (MRSA skin infection), HIV, cancer, leukemia,
meningitis, back injuries, and other work-related illnesses and
injuries. However, presumptive eligibility for workers' compensation
is nonexistent for health care workers.
(g) Due to the rise in work-related illnesses and injuries,
including a MRSA skin infection, it is most appropriate to protect
health care workers by ensuring access to workers' compensation for
health care workers who suffer workplace injuries or contract
infectious diseases.
SEC. 2. Section 3212.13 is added to the
Labor Code , to read:
3212.13. (a) In the case of a hospital employee who provides
direct patient care in an acute care hospital, referred to in this
section as hospital employee, the term "injury," as used in this
section, includes a methicillin-resistant Staphylococcus aureus skin
infection (MRSA skin infection) that develops or manifests itself
during a period of the person's employment with the hospital. The
compensation awarded for that injury shall include full hospital,
surgical, medical treatment, disability indemnity, and death
benefits, as provided by this division.
(b) (1) A MRSA skin infection that develops or manifests itself
shall be presumed to arise out of and in the course of employment.
This presumption is disputable and may be controverted by other
evidence, but if controverting evidence is not produced, the
presumption shall prevail.
(2) The MRSA skin infection presumption shall be extended to a
hospital employee following termination of service for a period of 60
days, commencing with the last date actually worked.
(c) A MRSA skin infection that develops or manifests itself in
circumstances described in subdivision (b) shall not be attributed to
a disease or skin infection existing prior to that development or
manifestation.
(d) For the purposes of this section, "acute care hospital" means
a health facility as defined in subdivision (a) or (b) of Section
1250 of the Health and Safety Code.
SECTION 1. Section 3453 of the Penal Code is
amended to read:
3453. Postrelease community supervision shall include the
following conditions:
(a) The person shall be informed of the conditions of release and
penalties for violation of those conditions, including, but not
limited to, the potential for flash incarceration without a court
hearing.
(b) The person shall obey all laws.
(c) The person shall report to the supervising county agency
within two working days of release from custody.
(d) The person shall follow the directives and instructions of the
supervising county agency.
(e) The person shall report to the supervising county agency as
directed by that agency.
(f) The person, and his or her residence and possessions, shall be
subject to search at any time of the day or night, with or without a
warrant, by an agent of the supervising county agency or by a peace
officer.
(g) The person shall waive extradition if found outside the state.
(h) The person shall inform the supervising county agency of the
person's place of residence, employment, education, or training.
(i) (1) The person shall inform the supervising county agency of
any pending or anticipated changes in residence, employment,
education, or training.
(2) If the person enters into new employment, he or she shall
inform the supervising county agency of the new employment within
three business days of that entry.
(j) The person shall immediately inform the supervising county
agency if he or she is arrested or receives a citation.
(k) The person shall obtain the permission of the supervising
county agency to travel more than 50 miles from the person's place of
residence.
( l ) The person shall obtain a travel pass
from the supervising county agency before he or she may leave the
county or state for more than two days.
(m) The person shall not be in the presence of a firearm or
ammunition, or any item that appears to be a firearm or ammunition.
(n) The person shall not possess, use, or have access to any
weapon listed in Section 16140, subdivision (c) of Section 16170,
Section 16220, 16260, 16320, 16330, or 16340, subdivision (b) of
Section 16460, Section 16470, subdivision (f) of Section 16520, or
Section 16570, 16740, 16760, 16830, 16920, 16930, 16940, 17090,
17125, 17160, 17170, 17180, 17190, 17200, 17270, 17280, 17330, 17350,
17360, 17700, 17705, 17710, 17715, 17720, 17725, 17730, 17735,
17740, 17745, 19100, 19200, 19205, 20200, 20310, 20410, 20510, 20610,
20710, 20910, 21110, 21310, 21810, 22010, 22015, 22210, 22215,
22410, 24310, 24410, 24510, 24610, 24680, 24710, 30210, 30215, 31500,
32310, 32400, 32405, 32410, 32415, 32420, 32425, 32430, 32435,
32440, 32445, 32450, 32900, 33215, 33220, 33225, or 33600.
(o) (1) Except as provided in paragraph (2) and subdivision (p),
the person shall not possess a knife with a blade longer than two
inches.
(2) The person may possess a kitchen knife with a blade longer
than two inches if the knife is used and kept only in the kitchen of
the person's residence.
(p) The person may use a knife with a blade longer than two
inches, if the use is required for that person's employment, the use
has been approved in a document issued by the supervising county
agency, and the person possesses the document of approval at all
times and makes it available for inspection.
(q) The person shall waive any right to a court hearing prior to
the imposition of a period of "flash incarceration" in a city or
county jail of not more than 10 consecutive days for any violation of
his or her postrelease supervision conditions.
(r) The person shall participate in rehabilitation programming as
recommended by the supervising county agency.
(s) The person shall be subject to arrest with or without a
warrant by a peace officer employed by the supervising county agency
or, at the direction of the supervising county agency, by any peace
officer when there is probable cause to believe the person has
violated the terms and conditions of his or her release.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.