BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 110| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 110 Page 2 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 SB 110 Page 3 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, SB 110 Page 4 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 SB 110 Page 5 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, SB 110 Page 6 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 **** END ****