BILL ANALYSIS                                                                                                                                                                                                    


          |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



                                                                SB 110

           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

          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

          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

          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

            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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