BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 332| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 CONTINUED AB 332 Page 2 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 CONTINUED AB 332 Page 3 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: CONTINUED AB 332 Page 4 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 **** END **** CONTINUED AB 332 Page 5 CONTINUED