Senate Bill 2138 (Russell – 1990)
Chapter 180, Statutes of 1990 - SB 2138
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Welfare and Institutions Code sections 5357, 5358 and 5358.2 were amended in 1990 following legislative approval of Senate Bill 2138, which affected these three sections only. (See Exhibit #1c) This bill was introduced on February 22, 1990 by Senator Newton R. Russell at the request of the Department of Mental Health. (See Exhibits #1a and #9, document A-1)
While before the Legislature, the bill was considered in the Senate Committee on Judiciary and the Assembly Committee on Health's Subcommittee on Mental Health, Developmental Disabilities, and Substance Abuse. (See Exhibits #3 and #6) One amendment was made to the bill. (See Exhibit #1b) Subsequent to approval from both Houses, Senate Bill 2138 was forwarded to the Governor on June 19, 1990. (See Exhibit #2) Governor George Deukmejian signed the bill on June 29, 1990, and it was recorded by the Secretary of State on that date as Chapter 180, of the Statutes of that year. (See Exhibits #1c and #2)
The Third Reading analysis of Senate Bill 2138 as last amended that was prepared by the Office of Senate Floor Analyses described this measure as follows:
DIGEST: This bill would amend the Lanterman-Petris-Short Act to eliminate the requirement for informed consent or a court order before medical treatment of new physical illnesses can be performed on a gravely disordered conservatee, as specified.
(See Exhibit #4, page 1)