BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 332|
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THIRD READING
Bill No: AB 332
Author: Butler (D)
Amended: 5/11/11 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 06/14/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SENATE FLOOR : 37-0, 06/27/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Fuller, Gaines, Hancock, Harman, Hernandez,
Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland
NO VOTE RECORDED: Evans, Runner, Yee
ASSEMBLY FLOOR : 78-0, 05/19/11 - See last page for vote
SUBJECT : Elder abuse
SOURCE : California Senior Legislature
DIGEST : This bill increases the fines for fraud,
embezzlement, theft, etcetera, against an elder or
dependent adult when the amount taken is more than $950.
Senate Floor Amendments of 7/1/11 add double-jointing
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language to address potential chaptering issues between
this bill and AB 109 (Assembly Budget Committee), Chapter
15, Statutes of 2011, if this bill is also signed.
Note: This bill passed the Senate on 6/27/11 on consent
(37-0) and has been returned for these
double-jointing amendments.
ANALYSIS : Existing law defines "dependent adult" as any
person who is between the ages of 18 and 64, who has
physical or mental limitations which restrict his or her
ability to carry out normal activities or to protect his or
her rights, including, but not limited to, persons who have
physical or developmental disabilities or whose physical or
mental abilities have diminished because of age. (Penal
Code § 368(h).)
Existing law defines "elder" as any person who is 65 years
of age or older. (Penal Code § 368(g).)
Existing law establishes fines and other punishment for
theft, embezzlement, forgery, or fraud, and identity theft
and identity crimes against and elder or dependent adult,
as follows:
A person who is not a caretaker, and who knows or
reasonably should know that the victim is an elder or
a dependent adult, and the value of the labor, goods,
services, funds, or real and/or personal property
taken does not exceed $950 may be punished by a fine
not exceeding $1,000 and/or by imprisonment in a
county jail not exceeding one year. (Penal Code § 368
(d).)
A person who is not a caretaker, and who knows or
reasonably should know that the victim is an elder or
a dependent adult, and the value of the labor, goods,
services, funds, or real and/or personal property
taken exceeds $950 may be punished by up to one year
in a county jail or 2, 3 or 4 years in state prison.
(Penal Code § 368 (d).)
A person who is a caretaker, and the value of the
labor, goods, services, funds, or real and/or personal
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property taken does not exceed $950 may be punished
by a fine not exceeding $1,000 and/or by imprisonment
in a county jail not exceeding one year. (Penal Code
§ 368 (e).)
A person who is a caretaker, and the value of the
labor, goods, services, funds, or real and/or personal
property taken exceeds $950 may be punished by up to
one year in a county jail or 2, 3 or 4 years in state
prison. (Penal Code § 368(e).)
This bill provides that the penalties for a person who is
not a caretaker shall be by a fine not exceeding $2,500 and
or up to one year in county jail or by a fine up to $10,000
and/or 2, 3 or 4 years in state prison when the amount is
more than $950.
This bill provides instead that the penalties for a person
who is a caretaker shall be by a fine not exceeding $2,500
and/or imprisonment in the county jail not exceeding one
year or by a fine up to $10,000 or by imprisonment in the
state prison for 2, 3 or 4 years or by both fine and
imprisonment when the amount taken is more than $950.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/5/11)
California Senior Legislature (source)
AARP
American Federation of State, County and Municipal
Employees
California Advocates for Nursing Home Reform
California District Attorneys Association
California Reliance for Retired Americans
California State Sheriffs' Association
City of Vacaville
Congress of California Seniors
Consumer Federation of California
County of San Joaquin
ARGUMENTS IN SUPPORT : According to the author'office:
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This legislation is needed in order to protect
California's seniors and dependent adults. This
population is vulnerable and there is very little
deterrence to stop criminals from repeatedly stealing
from them.
In the Last 10 Years, There Have Been 4735 Convictions
Under Penal Code Section 368 Crimes Against Seniors
Elders and dependent adults are often not equipped to
protect themselves from unscrupulous criminals who
prey on those who are isolated and may not have
families and friends watching out for them.
Considering the current economic environment in
California, it has never been more important to
bolster protections for dependent seniors by
increasing the fines outlined in Penal Code Section
368 by those who have preyed on this population.
ASSEMBLY FLOOR : 78-0, 05/19/11
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Gorell
RJG:nl 7/6/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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