BILL NUMBER: AB 2172 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cook
FEBRUARY 20, 2008
An act to add Section 368.5 to the Penal Code, relating to elder
abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 2172, as introduced, Cook. Elder abuse: registry.
Existing law proscribes various crimes committed against an elder
or dependent adult related to physical and financial abuse when the
person has knowledge that the victim is an elder or dependent adult,
including causing or permitting an elder or dependent adult to suffer
or inflicting thereon unjustifiable physical pain or mental
suffering and violating any provision of law proscribing theft,
embezzlement, forgery, fraud, or identity theft, with respect to the
person or property of an elder or dependent adult.
This bill would require the Department of Justice to develop an
Internet Web site, to be updated regularly, which would make
available to the public certain information concerning persons who
have been convicted of violating at least one of specified crimes
against elder or dependent adults. The bill would require a facility
that release from incarceration any person from a commitment for an
offense for which the person is required to be listed pursuant to
these provisions to provide specified information to the department
regarding the offense. By imposing new duties on local government
agencies, the bill would create 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 368.5 is added to the Penal Code, to read:
368.5. (a) The Department of Justice shall develop an Internet
Web site, to be updated regularly, which shall make available to the
public information concerning persons who have been convicted of at
least one violation of Section 368, as specified in this section. All
information identifying the victim by name, birth date, address, or
relationship to the offender shall be excluded from the Internet Web
site. The Internet Web site shall be translated into languages other
than English, as determined by the department.
(b) On or before January 1, 2010, the Department of Justice shall
make available to the public, via an Internet Web site, about any
person convicted of a violation of Section 368, the following
information:
(1) The year of conviction of his or her most recent offense
requiring registration pursuant to this section.
(2) The year he or she was released from incarceration for that
offense.
(3) Whether he or she was subsequently incarcerated for any other
felony, if that fact was reported to the department.
(c) Any facility that releases from incarceration a person who was
incarcerated because of a crime for which he or she is required to
be listed as an offender pursuant to this section shall, within 30
days of release, provide the year of release and information
regarding the offense to the department in a manner and format
approved by the department.
(d) The Department of Justice shall work with law enforcement
agencies, the California Department of Aging, and child protective
services agencies to provide special access, including search and
similar functions, to the elder and dependent adult abuse registry
for these agencies.
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.