New Bill Could Change Domestic Abuse Reporting Requirements for Hospitals
A new bill making its way through the California state Legislature has sparked a heated debate between activists and law enforcement. State Assembly Bill 1028, authored by Rep. Tina McKinnor, D-Inglewood, aims to revise the current laws regarding domestic abuse reporting by hospitals and healthcare professionals. The proposed bill would shift the responsibility of deciding whether to involve the police from medical staff to the victim themselves.
Under the current law in California, medical staff are required to contact the police when a person with visible injuries shows up at a hospital or doctor’s office and domestic violence is suspected. However, if AB 1028 is passed and signed by Governor Gavin Newsom, the decision to involve the police would be left up to the victim.
Supporters of the bill argue that the existing law creates fear among domestic violence victims, making them hesitant to seek medical attention. According to McKinnor, the proposed change would increase access to healthcare and empower survivors by providing them with the agency and information they need to be safe and healthy. Instead of notifying the police, healthcare professionals would refer victims to domestic violence survivor centers. If the victim still wishes to involve law enforcement, they would be free to do so.
Opponents of the bill, on the other hand, view it as a mistake that could potentially harm survivors of domestic violence. Former San Diego city attorney Casey Gwinn, who is among the founders of a local Family Justice Center for Domestic Violence and Victim Advocacy, believes that passing the bill would be counterproductive. Gwinn, along with current San Diego City Attorney Mara Elliott and San Diego County District Attorney Summer Stephan, argues that the bill is not pro-survivor or pro-domestic violence intervention.
The statistics surrounding domestic violence incidents in the San Diego region shed light on the urgency of the matter. In 2021 alone, a total of 18,185 incidents were reported to law enforcement in that area. Additionally, on average, San Diego experiences 13 domestic violence-related homicides each year. These numbers paint a grim picture of the consequences of domestic abuse, highlighting the complexities involved in addressing this issue.
AB 1028 has already cleared the state Assembly and is now set to go before the Senate’s Public Safety Committee on Tuesday. As the bill progresses, it remains to be seen how stakeholders will navigate the divide between protecting survivors of domestic violence and ensuring that interventions are effective. Balance is key in addressing this sensitive issue, and finding a solution that prioritizes the safety and well-being of survivors while also providing them with the necessary support and resources will be crucial.
In conclusion, the proposed bill, AB 1028, if passed and signed into law, would shift the responsibility of reporting domestic abuse incidents from medical staff to the victims themselves. This change has generated a divisive debate between advocates for the bill, who argue that it empowers survivors, and opponents who believe it could potentially harm them. As the bill progresses through the legislative process, the decision-makers will need to carefully consider the various perspectives and find a solution that ensures the safety and well-being of domestic violence survivors.
