BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 110|
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                                 THIRD READING


          Bill No:  SB 110
          Author:   Liu (D), et al
          Amended:  1/26/10
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 4/28/09
          AYES:  Leno, Cedillo, Hancock, Huff, Steinberg, Wright
          NO VOTE RECORDED:  Benoit

           SENATE APPROPRIATIONS COMMITTEE  :  6-2, 1/21/10
          AYES:  Kehoe, Corbett, Leno, Liu, Price, Yee
          NOES:  Cox, Denham


           SUBJECT  :    People with disabilities:  victims of crime

           SOURCE  :     The Arc of California


           DIGEST  :    This bill enacts the Crime Victims with  
          Disabilities Act of 2010 which (1) requires domestic  
          violence death review teams to add information about  
          whether or not a victim had a disability, (2) allows  
          counties to add dependent adult cases to any elder death  
          review teams and protocols they may already have, (3)  
          requires the Commission on Peace Officer Standards and  
          Training and the Department of Justice to create a two-hour  
          "Crime Victims with Disabilities" telecourse for law  
          enforcement officers and permits that every law enforcement  
          agency that complies with POST training, provide this  
          telecourse training for its officers, and (4) creates new  
          reporting requirements for the Department of Developmental  
                                                           CONTINUED





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          Services.  

           ANALYSIS  :    Existing law regulates the investigation and  
          prosecution of crimes against a dependent adult, which is  
          defined to include a person who is between 18 and 64 years  
          of age, inclusive, and who has a physical or mental  
          limitation which restricts his or her ability, or  
          substantially restricts his or her ability, to carry out  
          normal activities or to protect his/her rights, including,  
          but not limited to, a person who has a physical or  
          developmental disability or whose physical or mental  
          abilities have diminished, or significantly diminished,  
          because of age.  Under existing law, the term also includes  
          any person between 18 and 64 years of age, inclusive, who  
          is admitted as an inpatient to certain 24-hour health  
          facilities. 

          Existing law provides that in order to ensure consistent  
          and uniform results, data may be collected and summarized  
          by the domestic violence death review teams to show the  
          statistical occurrence of domestic violence deaths in the  
          team's county that occur under the following circumstances:

          1. The deceased was a victim of a homicide committed by a  
             current or former spouse, fianc?, or dating partner.

          2. The deceased was the victim of a suicide, was the  
             current or former spouse, fianc?, or dating partner of  
             the perpetrator and was also the victim of previous acts  
             of domestic violence.

          3. The deceased was the perpetrator of the homicide of a  
             former or current spouse, fianc?, or dating partner and  
             the perpetrator was also the victim of a suicide.

          4. The deceased was the perpetrator of the homicide of a  
             former or current spouse, fianc?, or dating partner and  
             the perpetrator was also the victim of a homicide  
             related to the domestic homicide incident.

          5. The deceased was a child of either the homicide victim  
             or the perpetrator, or both.

          6. The deceased was a current or former spouse, fianc?, or  







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             dating partner of the current or former spouse, fianc?,  
             or dating partner of the perpetrator.

          7. The deceased was a law enforcement officer, emergency  
             medical personnel, or other agency responding to a  
             domestic violence incident.

          8. The deceased was a family member, other than identified  
             above, of the perpetrator.

          9. The deceased was the perpetrator of the homicide of a  
             family member, other than identified above.

          10.The deceased was a person not included in the above  
             categories and the homicide was related to domestic  
             violence.  (Section 11163.6 of the Penal Code)

          This bill provides that data should also be included if the  
          deceased had a disability and the homicide was related to  
          domestic violence.

          Existing law provides that each county may establish an  
          interagency elder death team to assist local agencies in  
          identifying and reviewing suspicious elder deaths and  
          facilitating communication among persons who perform  
          autopsies and the various persons and agencies involved in  
          elder abuse or neglect cases.  Each county may develop a  
          protocol that may be used as a guideline by persons  
          performing autopsies on elder adults to assist coroners and  
          other persons who perform autopsies in the identification  
          of elder abuse, in the determination of whether elder abuse  
          or neglect contributed to death or whether elder abuse or  
          neglect had occurred prior to but was not the actual cause  
          of death, and in the proper written reporting procedures  
          for elder abuse or neglect, including the designation of  
          the cause and mode of death.  (Section 11174.5 of the Penal  
          Code)

          This bill provides that the interagency death review team  
          should also apply to review deaths of dependent adults.

          Existing law provides an oral or written communication or a  
          document shared within or produced by an elder death review  
          team related to an elder death review is confidential and  







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          not subject to disclosure or discoverable by another third  
          party.  An oral or written communication or a document  
          provided by a third party to an elder death review team, or  
          between a third party and an elder death review team, is  
          confidential and not subject to disclosure or discoverable  
          by a third party.  Notwithstanding subdivisions (a) and  
          (b), recommendations of an elder death review team upon the  
          completion of a review may be disclosed at the discretion  
          of a majority of the members of the elder death review  
          team.  (Section 11174.8 of the Penal Code)

          This bill provides that this provision applies to elder and  
          dependent adult death review teams.

          Existing law provides generally for mandated and  
          recommended peace officer training by the Commission on  
          Peace Officer Standards and Training (POST) and  
          specifically provides that: the Legislature finds and  
          declares that research, including "Special Report to the  
          Legislature on Senate Resolution 18:  Crimes Committed  
          Against Homeless Persons" by the Department of Justice  
          (DOJ) and "Hate, Violence, and Death:  A Report on Hate  
          Crimes Against People Experiencing Homelessness from  
          1999-2002" by the National Coalition for the Homeless  
          demonstrate that California has had serious and unaddressed  
          problems of crime against homeless persons, including  
          homeless persons with disabilities.  (Section 13519.64(a)  
          of the Penal Code)

          This bill adds a number of additional reports to the  
          findings and declarations in the above sections.

          Existing law provides that by July 1, 2005, POST, using  
          available funding, shall develop a two-hour telecourse to  
          be made available to all law enforcement agencies in  
          California on crimes against homeless persons and on how to  
          deal effectively and humanely with homeless persons,  
          including homeless persons with disabilities.  The  
          telecourse shall include information on multimission  
          criminal extremism, as defined in Section 13519.6.  In  
          developing the telecourse, POST shall consult  
          subject-matter experts including, but not limited to,  
          homeless and formerly homeless persons in California,  
          service providers and advocates for homeless persons in  







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          California, experts on the disabilities that homeless  
          persons commonly suffer, the California Council of  
          Churches, the National Coalition for the Homeless, the  
          Senate Office of Research, and the Criminal Justice  
          Statistics Center of DOJ.  (Section 13519.64 (b) of the  
          Penal Code)

          Existing law provides that every state law enforcement  
          agency, and every local law enforcement agency, to the  
          extent that this requirement does not create a  
          state-mandated local program cost, shall provide the  
          telecourse to its peace officers.  (Section 13519.64(c) of  
          the Penal Code)

          This bill provides that every state law enforcement agency  
          that participates may provide training to its peace  
          officers using the telecourse "Crime Victims with  
          Disabilities," produced by POST and DOJ each time that  
          POST, DOJ, or both POST and DOJ update the telecourse to  
          reflect changes in law, standards, and information since  
          they produced the telecourse in 2002.

          This bill provides that every participating local law  
          enforcement agency may provide training to its officers  
          using the telecourse "Crime Victims with Disabilities."

          Existing law provides for an advisory committee to develop  
          a course of training for district attorneys in the  
          investigation and prosecution of sexual assault cases, etc.  
           The course shall include training in the unique emotional  
          trauma experienced by victims of these crimes.  (Section  
          13836 of the Penal Code)

          This bill provides that the course shall also include  
          training in the special problems of investigating and  
          prosecuting these crimes when committed against individuals  
          with disabilities.

          Existing law provides that the advisory committee shall  
          consist of 11 members and shall represent the view of  
          diverse ethnic and language groups.  (Section 13836.1 of  
          the Penal Code)

          This bill further provides that the advisory committee  







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          shall also represent subject-matter experts on crimes  
          against individuals with disabilities.

          This bill further provides that the requirement that the  
          Commission on the Status of Women appoint an expert on  
          crimes against victims with disabilities shall take effect  
          upon the occurrence of the first vacancy for a member  
          appointed by the Commission, other than the member who  
          represents a rape crisis center or the member who is a  
          medical professional, on or after January 1, 2011.

          Existing law provides that the online missing persons'  
          registry shall accept and generate complete information on  
          a missing person and that information shall be retrievable  
          by specified categories.  (Section 14203 of the Penal Code)

          Existing law provides that "missing person" includes but is  
          not limited to a child who has been taken, detained,  
          concealed, enticed away or retained by a parent.  It also  
          includes any child who is missing voluntarily or  
          involuntary.  It further provides that evidence that a  
          missing person is at risk includes evidence that the  
          missing person is mentally impaired.  (Section 14213 of the  
          Penal Code)

          This bill provides in addition that evidence that a missing  
          person is at risk includes evidence that the missing person  
          has a mental or physical disability.

          Existing law provides that when the Department of  
          Developmental Services (DSS) has reason to believe that any  
          person held in custody as developmentally disabled is  
          wrongfully deprived of his liberty, or is cruelly or  
          negligently treated, or that inadequate provision is made  
          for the skillful medical care, proper supervision, and  
          safekeeping of any such person, it may ascertain the facts.  
           It may issue compulsory process for the attendance of  
          witnesses and the production of papers, and may exercise  
          the powers conferred upon a referee in a superior court.   
          It may make such orders for the care and treatment of such  
          person as it deems proper.  Whenever DSS undertakes an  
          investigation into the general management and  
          administration of any establishment or place of detention  
          for the developmentally disabled, it may give notice of  







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          such investigation to the Attorney General, who shall  
          appear personally or by deputy, to examine witnesses in  
          attendance and to assist the department in the exercise of  
          the powers conferred upon it in this code.  DSS may at any  
          time cause the patients of any county or city almshouse to  
          be visited and examined, in order to ascertain if  
          developmentally disabled persons are kept therein.   
          (Section 4427 of the Welfare and Institutions Code)

          This bill provides instead that when DSS has reason to  
          believe that any person held in custody as developmentally  
          disabled is wrongfully deprived of liberty, or is cruelly  
          or negligently treated, or that inadequate provision is  
          made for the skillful medical care, proper supervision, and  
          safekeeping of any such person, or is otherwise the victim  
          of crime, DSS shall do either of the following:

          1. Report the case immediately to the local police  
             department or sheriff's office that has jurisdiction.

          2. Ascertain the facts.  It may issue compulsory process  
             for the attendance of witnesses and the production of  
             papers, and may exercise the powers conferred upon a  
             referee in a superior court.  It may make such orders  
             for the care and treatment of such person as it deems  
             proper.  If it ascertains that the person is the victim  
             of a crime, it shall report the case immediately to the  
             local police department or sheriff's office that has  
             jurisdiction.

          Existing law provides that a developmental center shall  
          immediately report all resident deaths and serious injuries  
          of unknown origin to the appropriate law enforcement agency  
          that may, at its discretion, conduct an independent  
          investigation.  (Section 4427.5 of the Welfare and  
          Institutions Code)

          This bill provides that the reporting requirements of this  
          subdivision are in addition to, and do not substitute for,  
          the reporting requirements of mandated reporters.

          Existing law provides that each county shall establish an  
          emergency response adult protective services program that  
          shall provide in person response, 24 hours per day, seven  







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          days per week to reports of abuse of an elder or a  
          dependent adult.  (Section 15763 of the Welfare and  
          Institutions Code)

          This bill makes technical changes to that section.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

          Unknown with latest amendments.

           SUPPORT  :   (Verified  1/26/10)

          The Arc of California (sponsor)
          Access to Independence of San Diego
          Aging Services of California
          Arc of Riverside County
          Arc of San Diego
          Arc South Bay
          Autism Society of America, San Diego Chapter
          California Church IMPACT
          California Coalition Against Sexual Assault
          California Commission on the Status of Women
          California Foundation for Independent Living Centers
          California Partnership to End Domestic Violence
          California Police Chiefs Association
          California State Council on Developmental Disabilities 
          Congress of California Seniors
          Crime Victims Action Alliance
          Crime Victims United of California
          Disability Rights California
          Housing Now
          Loaves and Fishes
          Orange County Arc
          People First of California
          Sacramento Homeless Organizing Committee
          San Diego People First

           OPPOSITION  :    (Verified  1/26/10)

          Taxpayers for Improving Public Safety

           ARGUMENTS IN SUPPORT  :    According to the author:








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            "Crime against victims with disabilities has been called  
            an 'invisible epidemic,' comparable with domestic  
            violence before society awakened to the horror and  
            widespread extent of that terrible problem.  Children and  
            elders with disabilities, homeless people with  
            disabilities, and people with disabilities in care,  
            treatment, and incarceration facilities are among those  
            most vulnerable and most often victimized.  Women and men  
            with disabilities also are at high risk of sexual assault  
            and domestic violence.

            "Despite great efforts, California - like the rest of the  
            country - continues to fall shamefully short of meeting  
            its responsibility to provide equal protection from crime  
            to people with disabilities.  Research shows that the  
            current system generally fails to prevent crimes, assist  
            victims, prosecute perpetrators, or even report most  
            crimes against victims with disabilities.

            "It is unlikely that society would tolerate this level of  
            violent crime against most other classes of victims  
            without demanding much more effective action."


          RJG:mw  1/27/10   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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