BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 332
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 332 (Butler)
          As Amended  May 11, 2011
          Majority vote 
            
           AGING               6-0         PUBLIC SAFETY       7-0         
           
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          |Ayes:|Yamada, Halderman, Pan,   |Ayes:|Ammiano, Knight, Cedillo, |
          |     |V. Manuel Pérez, Torres,  |     |Hagman, Hill, Mitchell,   |
          |     |Wagner                    |     |Skinner                   |
          |     |                          |     |                          |
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           SUMMARY  :  Increases the fine for misdemeanor theft, 
          embezzlement, forgery, or fraud, and identity theft and identity 
          crimes against an elder or dependent adult.  Specifically,  this 
          bill  :  

          1)Increases the fine for misdemeanor theft, embezzlement, 
            forgery, or fraud, and identity theft and identity crimes 
            against an elder or dependent adult when the value of the 
            losses exceed $950, from up to $1,000 to up to $2,500 ($18,603 
            with penalties and assessments).

          2)Creates a fine not to exceed an amount of $10,000 ($37,103 
            with penalties and assessments) for felony theft, 
            embezzlement, forgery, or fraud, and identity theft and 
            identity crimes against an elder or dependent adult when the 
            value of the loss exceeds $950.

           EXISTING LAW  establishes fines and other punishment for theft, 
          embezzlement, forgery, or fraud, and identity theft and identity 
          crimes against elder and vulnerable adults.  Offenders are 
          subject to fines up to $1,000 ($3,803 with penalties and 
          assessments), and incarceration from one year in a county jail, 
          to two, three or four years in state prison. 

           FISCAL EFFECT  :  None

           COMMENTS  :  According to the author, "(c)riminal abuse of our 
          seniors must be fought at every level possible.  That is why I 
          am asking for an increased fine for those who commit this crime 
          whether or not they are a caregiver or non-caregiver."









                                                                  AB 332
                                                                  Page  2


          Recent reports describe identity theft and other financial 
          crimes as having catastrophic consequences, including the loss 
          of homes, life savings, and independence.  Adult Protective 
          Services workers, law enforcement officials, and others rank 
          financial abuse and exploitation among their most challenging 
          cases because perpetrators of identity theft, fraud, financial 
          abuse, and exploitation have demonstrated remarkable agility in 
          changing practices in response to new laws, regulations, and 
          market forces.  As a result, laws created to respond to specific 
          forms of abuse quickly become obsolete.


           Analysis Prepared by  :    Robert MacLaughlin / AGING & L.T.C. / 
          (916) 319-3990


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