BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 110|
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UNFINISHED BUSINESS
Bill No: SB 110
Author: Liu (D), et al
Amended: 8/2/10
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
SENATE FLOOR : 31-1, 1/28/10
AYES: Aanestad, Cedillo, Corbett, Correa, Cox, Denham,
DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman,
Hollingsworth, Kehoe, Leno, Liu, Lowenthal, Negrete
McLeod, Oropeza, Padilla, Pavley, Price, Romero,
Simitian, Steinberg, Strickland, Wiggins, Wolk, Wright,
Wyland, Yee
NOES: Ashburn
NO VOTE RECORDED: Alquist, Calderon, Cogdill, Huff,
Maldonado, Runner, Walters, Vacancy
ASSEMBLY FLOOR : 78-0, 8/12/10 (Consent) - See last page
for vote
SUBJECT : People with disabilities: victims of crime
SOURCE : The Arc of California
CONTINUED
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DIGEST : This bill makes a series of clarifying and
noncontroversial changes to statutory provisions relating
to elders who are victims of crimes, abuse, or neglect to
include non-elder dependent adults. Among these changes,
this bill (1) provides that local law enforcement agencies,
and state law enforcement agencies with jurisdiction, have
concurrent jurisdiction to investigate elder and dependent
adult abuse and all other crimes against elder victims and
victims with disabilities, (2) provides that,
notwithstanding any provision of law to the contrary, law
enforcement agencies retain exclusive responsibility for
criminal investigations involving elder and dependent
abuse, (3) changes "interagency elder death teams" to
"elder and dependent adult death review teams" and expands
the authority of those teams to include dependent adult
abuse and neglect, as specified, (4) provides that when new
materials are developed or updated for law enforcement
elder and dependent adult abuse training courses certified
by the Commission on Peace Officer Standards and Training
(POST), POST shall consult with the Bureau of Medi-Cal
Fraud and Elder Abuse and other subject matter experts, and
(5) clarifies that the appropriate law enforcement agency
to which a developmental center for people with
developmental disabilities must report resident deaths and
serious injuries of unknown origin is the appropriate local
law enforcement agency, and provides that such reporting
requirements are in addition to any reporting requirements
of mandated reporters.
Assembly Amendments (1) delete language within the term
"evidence that the person at risk" that there is a
mental/physical disability, (2) require specified
agencies/commissions to work together when producing
new/updated materials relative to elder abuse, (3) delete
reporting requirements for the Department of Developmental
Services, and (4) add clarifying language.
ANALYSIS : Existing law addresses aspects of the
jurisdiction of state agencies and law enforcement in
regard to long-term care facilities and elder and dependent
adult abuse, as specified.
This bill further specifies the jurisdiction of various
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state agencies and of law enforcement in regard to
investigating those facilities and that conduct.
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/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 authorizes any county to establish an
interagency elder death review team to assist local
agencies in identifying and reviewing suspicious elder
deaths and facilitating communications among persons who
perform autopsies and persons involved in the investigation
or reporting of elder abuse or neglect. Existing law
establishes procedures for the sharing or disclosure of
information by elder death review teams.
This bill renames these teams "elder and dependent adult
death review teams" and expands the authority of these
teams to cover dependent adult death, abuse, and neglect,
as specified.
Existing law provides for the training of peace officers.
This bill requires the Commission on Peace Officer
Standards and Training and the Bureau of Medi-Cal Fraud and
Elder Abuse to consult with each other and with other
subject matter experts when producing new or updated
training materials relating to elder and dependent adult
abuse, as specified.
Existing law provides for the creation of an advisory
committee responsible for developing a course of training
for district attorneys in the investigation and prosecution
of sexual assault cases, child sexual exploitation cases,
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and child sexual abuse cases. Existing law requires that
the courses shall include training in the unique emotional
trauma experienced by victims of these crimes. Existing
law requires that the committee shall consist of 11 members
of which six shall be public members appointed by the
Commission on the Status of Women, as specified.
This bill requires that one of the appointees of the
Commission on the Status of Women be an expert on crimes
against persons with disabilities or other representative
of the disability community, appointed as specified.
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
days per week, to reports of abuse of an elder or dependent
adult, as specified.
This bill makes technical changes to those provisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
Unknown with latest amendments.
SUPPORT : (Verified 8/12/10)
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
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Disability Rights California
Housing Now
Loaves and Fishes
Orange County Arc
People First of California
Sacramento Homeless Organizing Committee
San Diego People First
ARGUMENTS IN SUPPORT : According to the author:
"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."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
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Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Norby, Vacancy
RJG:mw 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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