Amended  IN  Senate  June 30, 2020
Amended  IN  Senate  July 11, 2019
Amended  IN  Senate  June 06, 2019
Amended  IN  Assembly  April 25, 2019
Amended  IN  Assembly  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1709

Introduced by Assembly Member Jones-Sawyer Weber
(Principal coauthor: Assembly Member Jones-Sawyer)

February 22, 2019

An act to amend Sections 1337.3, 1416.20, 1416.22, 1416.42, 1416.50, and 1416.57 of the Health and Safety Code, relating to nursing homes. An act to amend Section 835a of the Penal Code, relating to law enforcement.


LEGISLATIVE COUNSEL'S DIGEST


AB 1709, as amended, Jones-Sawyer Weber. Nursing homes: staff. Law enforcement: use of force.
Existing law authorizes a peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense to use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law specifies that a peace officer who is making an arrest need not retreat or desist from their efforts by reason of resistance or threatened resistance of the person being arrested.
Existing law, except as specified, makes a public entity liable for injury proximately caused by an act or omission of an employee of the public entity within the scope of employment if the act or omission would, apart from this provision, have given rise to a cause of action against that employee or their personal representative.
This bill would remove the specification that a peace officer making an arrest need not desist in their efforts because of resistance or threatened resistance from the person being arrested. The bill would also require a peace officer to attempt to control an incident through deescalation tactics, as defined, in an effort to reduce or avoid the need to use force, to render medical aid immediately or as soon as feasible, and to intervene to stop a violation of law or an excessive use of force by another peace officer.

(1)Existing law provides for the certification of nurse assistants by the State Department of Public Health. Existing law requires the department to perform, on or before January 1, 2004, specified duties, including reviewing the current examination for approved training programs for certified nurse assistants and developing a plan concerning career opportunities.

This bill would require the department to complete, by January 1, 2022, and every 10 years thereafter, the review of the current examination for certified nurse assistants and to develop a plan promoting career opportunities.

(2)Existing law, the Nursing Home Administrators’ Act (Act), provides for the licensure and regulation of nursing home administrators, including application procedures, qualifications for and content of licensing examinations, and application and examination fee requirements, by the Nursing Home Administrator Program (program). Existing law requires an applicant to renew their license every 2 years, and to complete continuing education courses, as specified.

This bill would require the program to perform, by January 1, 2022, and every 10 years thereafter, a review of the nursing home administrator licensing examination, and to revise the examination, as described. The bill would authorize an applicant who has a current valid license as a nursing home administrator in another state to apply for licensure in this state if the applicant holds certification from the American College of Health Care Administrators. The bill would, for purposes of an initial license renewal, exempt an applicant from continuing education course requirements, except as specified, and would make conforming changes. The bill would authorize an applicant to complete courses pertaining to nursing home administrators that have been approved by the National Association of Long Term Care Administrator Boards for purposes of completing continuing education requirements.

(3)Existing law requires the program to develop an Administrator-in-Training Program (AIT Program). Under existing law, the AIT Program is responsible for approving an individual to be a preceptor whose duties include coordinating, supervising, and teaching persons seeking to meet specified requirements to qualify for the nursing home administrator licensing examination. Existing law requires a preceptor to be the designated administrator of the facility where the training is conducted, and prohibits a preceptor from supervising more than 2 AIT trainees during the same time period.

This bill would clarify that a preceptor directly supervised training program includes both onsite and offsite training, and would authorize a preceptor to be available by email. The bill would authorize the preceptor to be a nursing home administrator with central responsibility for the education and training of AITs. The bill would delete the prohibition related to the number of AITs that a preceptor may supervise. The bill would authorize the program to implement, interpret, or make specific provisions related to the AIT Program by means of letters, bulletins, or similar instructions, without taking regulatory action.

(4)The bill would additionally make technical, nonsubstantive changes to each provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 835a of the Penal Code is amended to read:

835a.
 (a) The Legislature finds and declares all of the following:
(1) That the authority to use physical force, conferred on peace officers by this section, is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. The Legislature further finds and declares that every person has a right to be free from excessive use of force by officers acting under color of law.
(2) As set forth below, it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life. In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.
(3) That the decision by a peace officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by peace officers, in order to ensure that officers use force consistent with law and agency policies.
(4) That the decision by a peace officer to use force shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances known to to, or perceived by by, the officer at the time, rather than with the benefit of hindsight, and that the totality of the circumstances shall account for occasions when officers may be forced to make quick judgments about using force.
(5) That individuals with physical, mental health, developmental, or intellectual disabilities are significantly more likely to experience greater levels of physical force during police interactions, as their disability may affect their ability to understand or comply with commands from peace officers. It is estimated that individuals with disabilities are involved in between one-third and one-half of all fatal encounters with law enforcement.
(b) Any A peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use objectively reasonable force to effect the arrest, to prevent escape, or to overcome resistance.
(c) (1) Notwithstanding subdivision (b), a peace officer is justified in using deadly force upon another person only when the officer reasonably believes, based on the totality of the circumstances, that such force is necessary for either of the following reasons:
(A) To defend against an imminent threat of death or serious bodily injury to the officer or to another person.
(B) To apprehend a fleeing person for any a felony that threatened or resulted in death or serious bodily injury, if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. Where feasible, a peace officer shall, prior to the use of force, make reasonable efforts to identify themselves as a peace officer and to warn that deadly force may be used, unless the officer has objectively reasonable grounds to believe the person is aware of those facts.
(2) A peace officer shall not use deadly force against a person based on the danger that person poses to themselves, if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the peace officer or to another person.
(d) A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of the resistance or threatened resistance of the person being arrested. A peace officer shall not be deemed an aggressor or lose the right to self-defense by the use of objectively reasonable force in compliance with subdivisions (b) and (c) to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other deescalation tactics.
(e) A peace officer shall do all of the following:
(1) Attempt to control an incident through deescalation tactics in an effort to reduce or avoid the need to use force.
(2) Render medical aid immediately or as soon as feasible.
(3) Intervene to stop a violation of law or an excessive use of force by another peace officer.

(e)

(f) For purposes of this section, the following definitions shall apply:
(1) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury, including, but not limited to, the discharge of a firearm.
(2) “Deescalation” means taking an action or communicating verbally or nonverbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without use of force or with a reduction to the force necessary. Deescalation tactics include, but are not limited to, warnings, calling upon non-law enforcement resources, verbal persuasion, and tactical repositioning.
(3) “Feasible” means capable of being done or carried out without unreasonably increasing the risk to the officer or another person.

(2)

(4) A threat of death or serious bodily injury is “imminent” when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person. An imminent harm is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be instantly confronted and addressed.

(3)

(5) “Totality of the circumstances” means all facts known to the peace officer at the time, including the conduct of the officer and the subject leading up to the use of deadly force.