BILL ANALYSIS Ó
AB 332
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CONCURRENCE IN SENATE AMENDMENTS
AB 332 (Butler)
As Amended August 15, 2011
Majority vote
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|ASSEMBLY: |78-0 |(May 19, 2011) |SENATE: |37-0 |(August 30, |
| | | | | |2011) |
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Original Committee Reference: AGING & L.T.C.
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 $2,500 (plus penalties/assessments. Penalties and
assessments amount to 270% of the fine, plus a $103 flat fee).
2)Creates a fine not to exceed $10,000 (plus penalties/assessments)
for felony theft, embezzlement, forgery, or fraud, identity theft
and identity crimes against an elder or dependent adult when the
value of the loss exceeds $950.
The Senate amendments double joints this bill to AB 109 (Budget
Committee), Chapter 15, Statutes of 2011, by incorporating the
revised Penal Code Section 368 enacted by the Public Safety
Realignment bill. Penal Code 1170 (h) as referenced in Penal Code
Section 368 provides 16 months, two years, or three years in a
county jail as a sentencing option in lieu of state prison, unless
the offender has a prior violent, serious, or sex offense in which
case they serve time in state prison; and, provides that counties
can contract with the state to house such felony offenders.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar to
the version passed by the Senate, except for the double jointing
language to AB 109.
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
AB 332
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an increased fine for those who commit this crime whether or not
they are a caregiver or non-caregiver."
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.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. / (916)
319-3990
FN:
0002001