BILL NUMBER: AB 367	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Smyth

                        FEBRUARY 14, 2011

   An act to add Section 15631.5 to the Welfare and Institutions
Code, relating to elder abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 367, as introduced, Smyth. Elder abuse: reporting.
   The Elder Abuse and Dependent Adult Civil Protection Act
establishes various procedures for the reporting, investigation, and
prosecution of elder and dependent adult abuse. The act requires
certain persons, called mandated reporters, to report known or
suspected instances of elder or dependent adult abuse, and the
failure of a mandated reporter to report physical abuse and financial
abuse of an elder or dependent adult under the act is a misdemeanor.
The act requires the mandated reporter to report the abuse to the
adult protective services agency or the local law enforcement agency
if the abuse occurs anywhere other than a long-term facility.
   The act permits a person who is not a mandated reporter who knows,
or reasonably suspects, that an elder or dependent adult has been
the victim of abuse in a place other than a long-term care facility
to report that abuse to the county adult protective services agency
or the local law enforcement agency.
   This bill would require a county adult protective services agency
or a local law enforcement agency to accept a report by a mandated
reporter, or any other person, of suspected elder or dependent adult
abuse even if the agency lacks jurisdiction to investigate the
report, unless the call can be immediately transferred to an agency
with proper jurisdiction. This bill would also require a county adult
protective services agency or a local law enforcement agency that
lacks jurisdiction to immediately refer the report of suspected abuse
by telephone, facsimile, or electronic transmission to an agency
with proper jurisdiction. By requiring county adult protective
services agencies and local law enforcement agencies to provide a
higher level of service, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 15631.5 is added to the Welfare and
Institutions Code, to read:
   15631.5.  Reports of suspected elder or dependent adult abuse
pursuant to either subparagraph (C) of paragraph (1) of subdivision
(b) of Section 15630 or subdivision (b) of Section 15631 may be made
to any county adult protective services agency or local law
enforcement agency. Any county adult protective services agency or
local law enforcement agency shall accept the report of suspected
elder or dependent adult abuse even if the agency to whom the report
is being made lacks subject matter or geographical jurisdiction to
investigate the reported case, unless the county adult protective
services agency or the local law enforcement agency can immediately
transfer the call reporting suspected elder or dependent adult abuse
to a county adult protective services agency or a local law
enforcement agency with proper jurisdiction. If a county adult
protective services agency or a local law enforcement agency accepts
a report about a case of suspected elder or dependent adult abuse in
which that agency lacks jurisdiction, the agency shall immediately
refer the case by telephone, facsimile, or electronic transmission to
a county adult protective services agency or a local law enforcement
agency with proper jurisdiction.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.