BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1293
                                                                  Page  1

          Date of Hearing:   May 27, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                  AB 1293 (Blumenfield) - As Amended:  May 11, 2011 

          Policy Committee:                              Public 
          SafetyVote:  7 - 0 
                        Aging and Long Term Care              5 - 0 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill authorizes a prosecuting agency to file a petition of 
          forfeiture in criminal proceedings that allege theft or 
          embezzlement of property worth $100,000 or more from an elder or 
          dependent adult. 

           FISCAL EFFECT  

          Costs associated with this legislation would be minor and 
          absorbable. 

           COMMENTS  

           Purpose  . The intent of this legislation is to allow courts to 
          freeze stolen assets in order to protect victims of elder or 
          dependent adult abuse. 

          Current law provides for the forfeiture of assets for 
          embezzlement under a criminal profiteering scheme. 

          Under these existing provisions, however, the defendant needs to 
          have more than one instance of embezzlement or fraud in order to 
          allow for their assets to be frozen.  This bill makes an 
          exception to that law by allowing assets to be frozen after just 
          one instance of theft or embezzlement from an elder or dependent 
          adult. 



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 








                                                                  AB 1293
                                                                  Page  2

          319-2081