BILL ANALYSIS Ó
AB 1293
Page 1
ASSEMBLY THIRD READING
AB 1293 (Blumenfield)
As Amended May 11, 2011
Majority vote
AGING 5-0 PUBLIC SAFETY 7-0
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|Ayes:|Yamada, Pan, V. Manuel |Ayes:|Ammiano, Knight, Cedillo, |
| |Pérez, Torres, Wagner | |Hagman, Hill, Mitchell, |
| | | |Skinner |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, |
| |Blumenfield, Bradford, |
| |Charles Calderon, Campos, |
| |Davis, Donnelly, Gatto, |
| |Hall, Hill, Lara, |
| |Mitchell, Nielsen, Norby, |
| |Solorio, Wagner |
| | |
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SUMMARY : Creates an exception, allowing assets to be frozen
after just one instance of theft or embezzlement from an elder
or dependent adult. Specifically this bill :
1)Authorizes the prosecuting agency in conjunction with a
criminal proceeding alleging theft or embezzlement of property
worth $100,000 or more, to file a petition of forfeiture, as
prescribed, with the superior court of the county in which the
defendant has been charged with elder or dependent financial
abuse, and alleging that the defendant has acquired the
property or proceeds through theft or embezzlement of an elder
or dependent adult's property.
2)Defines "prosecuting agency" as the Attorney General or the
district attorney of any county for purposes of this act.
EXISTING LAW specifies that the defendant needs to have repeat
instances of embezzlement or fraud in order to allow their
AB 1293
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assets to be frozen.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with this legislation would be minor
and absorbable.
COMMENTS : According to the author, this measure will prevent
predators from using ill-gotten gains for their defense. It
will protect a victim's assets by allowing the courts to freeze
the stolen assets when warranted. Upon conviction, a separate
court action would determine the disposition of the forfeited
property or funds.
Analysis Prepared by : Robert MacLaughlin / AGING / (916)
319-3990
FN: 0000989