BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1293
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1293 (Blumenfield)
          As Amended  June 28, 2011
          Majority vote
           
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          |ASSEMBLY:  |76-0 |(May 31, 2011)  |SENATE: |34-0 |(August 22,    |
          |           |     |                |        |     |2011)          |
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           Original Committee Reference:    AGING & L.T.C.  

           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.

           The Senate amendments  

           1)Delete the original contents of the bill which amended the 
            Welfare and Institutions Codes and recasts the author's intent 
            by amending the Penal Code.

          2)Clarify the procedures for petitioning courts to freeze 
            assets.

           EXISTING LAW  specifies that the defendant needs repeat instances 
          of embezzlement or fraud in order to allow their assets to be 
          frozen. 

           AS PASSED BY THE ASSEMBLY  , this bill added and amended various 
          sections of the Welfare and Institutions Code known as the 
          "Elder Abuse and Dependent Adult Abuse Protection Act 
          (EADACPA)."








                                                                  AB 1293
                                                                  Page  2

           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 frozen 
          property or funds.


           Analysis Prepared by  :    Robert MacLaughlin / AGING / (916) 
          319-3990

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