BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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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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