BILL NUMBER: SB 33	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Simitian and Wolk

                        DECEMBER 6, 2010

   An act to repeal Section 7480 of the Government Code, and to amend
Section 15630.1 of, and to amend and repeal Sections 15633, 15634,
15640, and 15655.5 of, the Welfare and Institutions Code, relating to
elder and dependent adult abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 33, as introduced, Simitian. Elder and dependent adult abuse.
   Existing law provides for the confidentiality of financial records
but does not prohibit various state and local officers and agencies
from requesting information from an office or branch of a financial
institution and the office or branch from responding to the request,
as to whether a person has an account or accounts at that office or
branch and, if so, any identifying numbers of the account or
accounts.
   Existing law provides that a county adult protective services
office and a long-term care ombudsman when investigating the
financial abuse of an elder or dependent adult is similarly not
prohibited from requesting financial information and the office or
branch is not prohibited from responding to the request.
   This bill would make a technical nonsubstantive change to the
above provisions. The Elder Abuse and Dependent Adult Civil
Protection Act establishes procedures for the reporting,
investigation, and prosecution of elder and dependent adult abuse.
The act requires persons, defined as mandated reporters, to report
known or suspected instances of elder or dependent adult abuse. Under
the act, care custodians of elder or dependent adults and local law
enforcement agencies are mandated reporters. A violation of the
reporting requirements by a mandated reporter is a misdemeanor.
   Existing law, until January 1, 2013, includes within these
reporting requirements mandated reporters of suspected financial
abuse, as defined, and, with certain exceptions, makes failure to
comply with these requirements subject to a civil penalty.
   This bill would delete the January 1, 2013, repeal date.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 7480 of the Government Code, as amended by
Section 2 of Chapter 709 of the Statutes of 2010, is repealed.

   7480.  Nothing in this chapter prohibits any of the following:
   (a) The dissemination of any financial information that is not
identified with, or identifiable as being derived from, the financial
records of a particular customer.
   (b) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, or other
orders drawn upon any bank, credit union, or savings association in
this state, the police or sheriff's department or district attorney,
a county adult protective services office when investigating the
financial abuse of an elder or dependent adult, or a long-term care
ombudsman when investigating the financial abuse of an elder or
dependent adult, may request a bank, credit union, or savings
association to furnish, and a bank, credit union, or savings
association shall furnish, a statement setting forth the following
information with respect to a customer account specified by the
requesting party for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
   (1) The number of items dishonored.
   (2) The number of items paid that created overdrafts.
   (3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
   (4) The dates and amounts of deposits and debits and the account
balance on these dates.
   (5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
   (6) The date the account opened and, if applicable, the date the
account closed.
   (7) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account
statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
   (c) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, or other
orders drawn upon any bank, credit union, or savings association
doing business in this state, the police or sheriff's department or
district attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, or
a long-term care ombudsman when investigating the financial abuse of
an elder or dependent adult, may request, with the consent of the
accountholder, the bank, credit union, or savings association to
furnish, and the bank, credit union, or savings association shall
furnish, a statement setting forth the following information with
respect to a customer account specified by the requesting party for a
period 30 days prior to, and up to 30 days following, the date of
occurrence of the alleged illegal act involving the account:
   (1) The number of items dishonored.
   (2) The number of items paid that created overdrafts.
   (3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
   (4) The dates and amounts of deposits and debits and the account
balance on these dates.
   (5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
   (6) The date the account opened and, if applicable, the date the
account closed.
   (7) A bank, credit union, or savings association doing business in
this state that provides the requesting party with copies of one or
more complete account statements prepared in the regular course of
business shall be deemed to be in compliance with paragraphs (1),
(2), (3), and (4).
   (d) For purposes of subdivision (c), consent of the accountholder
shall be satisfied if an accountholder provides to the financial
institution and the person or entity seeking disclosure, a signed and
dated statement containing all of the following:
   (1) Authorization of the disclosure for the period specified in
subdivision (c).
   (2) The name of the agency or department to which disclosure is
authorized and, if applicable, the statutory purpose for which the
information is to be obtained.
   (3) A description of the financial records that are authorized to
be disclosed.
   (e) (1) The Attorney General, a supervisory agency, the Franchise
Tax Board, the State Board of Equalization, the Employment
Development Department, the Controller or an inheritance tax referee
when administering the Prohibition of Gift and Death Taxes (Part 8
(commencing with Section 13301) of Division 2 of the Revenue and
Taxation Code), a police or sheriff's department or district
attorney, a county adult protective services office when
investigating the financial abuse of an elder or dependent adult, a
long-term care ombudsman when investigating the financial abuse of an
elder or dependent adult, a county welfare department when
investigating welfare fraud, a county auditor-controller or director
of finance when investigating fraud against the county, or the
Department of Corporations when conducting investigations in
connection with the enforcement of laws administered by the
Commissioner of Corporations, from requesting of an office or branch
of a financial institution, and the office or branch from responding
to a request, as to whether a person has an account or accounts at
that office or branch and, if so, any identifying numbers of the
account or accounts.
   (2) No additional information beyond that specified in this
section shall be released to a county welfare department without
either the accountholder's written consent or a judicial writ, search
warrant, subpoena, or other judicial order.
   (3) A county auditor-controller or director of finance who
unlawfully discloses information he or she is authorized to request
under this subdivision is guilty of the unlawful disclosure of
confidential data, a misdemeanor, which shall be punishable as set
forth in Section 7485.
   (f) The examination by, or disclosure to, any supervisory agency
of financial records that relate solely to the exercise of its
supervisory function. The scope of an agency's supervisory function
shall be determined by reference to statutes that grant authority to
examine, audit, or require reports of financial records or financial
institutions as follows:
   (1) With respect to the Commissioner of Financial Institutions by
reference to Division 1 (commencing with Section 99), Division 1.5
(commencing with Section 4800), Division 2 (commencing with Section
5000), Division 5 (commencing with Section 14000), Division 7
(commencing with Section 18000), Division 15 (commencing with Section
31000), and Division 16 (commencing with Section 33000) of the
Financial Code.
   (2) With respect to the Controller by reference to Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure.
   (3) With respect to the Administrator of Local Agency Security by
reference to Article 2 (commencing with Section 53630) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.
   (g) The disclosure to the Franchise Tax Board of (1) the amount of
any security interest that a financial institution has in a
specified asset of a customer or (2) financial records in connection
with the filing or audit of a tax return or tax information return
that are required to be filed by the financial institution pursuant
to Part 10 (commencing with Section 17001), Part 11 (commencing with
Section 23001), or Part 18 (commencing with Section 38001) of the
Revenue and Taxation Code.
   (h) The disclosure to the State Board of Equalization of any of
the following:
   (1) The information required by Sections 6702, 6703, 8954, 8957,
30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122,
41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404, 46406, 50134,
50136, 55203, 55205, 60404, and 60407 of the Revenue and Taxation
Code.
   (2) The financial records in connection with the filing or audit
of a tax return required to be filed by the financial institution
pursuant to Part 1 (commencing with Section 6001), Part 2 (commencing
with Section 7301), Part 3 (commencing with Section 8601), Part 13
(commencing with Section 30001), Part 14 (commencing with Section
32001), and Part 17 (commencing with Section 37001) of Division 2 of
the Revenue and Taxation Code.
   (3) The amount of any security interest a financial institution
has in a specified asset of a customer, if the inquiry is directed to
the branch or office where the interest is held.
   (i) The disclosure to the Controller of the information required
by Section 7853 of the Revenue and Taxation Code.
   (j) The disclosure to the Employment Development Department of the
amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the
branch or office where the interest is held.
   (k) The disclosure by a construction lender, as defined in Section
3087 of the Civil Code, to the Registrar of Contractors, of
information concerning the making of progress payments to a prime
contractor requested by the registrar in connection with an
investigation under Section 7108.5 of the Business and Professions
Code.
   (l) Upon receipt of a written request from a local child support
agency referring to a support order pursuant to Section 17400 of the
Family Code, a financial institution shall disclose the following
information concerning the account or the person named in the
request, whom the local child support agency shall identify, whenever
possible, by social security number:
   (1) If the request states the identifying number of an account at
a financial institution, the name of each owner of the account.
   (2) Each account maintained by the person at the branch to which
the request is delivered, and, if the branch is able to make a
computerized search, each account maintained by the person at any
other branch of the financial institution located in this state.
   (3) For each account disclosed pursuant to paragraphs (1) and (2),
the account number, current balance, street address of the branch
where the account is maintained, and, to the extent available through
the branch's computerized search, the name and address of any other
person listed as an owner.
   (4) Whenever the request prohibits the disclosure, a financial
institution shall not disclose either the request or its response, to
an owner of the account or to any other person, except the officers
and employees of the financial institution who are involved in
responding to the request and to attorneys, employees of the local
child support agencies, auditors, and regulatory authorities who have
a need to know in order to perform their duties, and except as
disclosure may be required by legal process.
   (5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
in response to a request pursuant to this subdivision, (B) failing
to notify the owner of an account, or complying with a request under
this paragraph not to disclose to the owner, the request or
disclosure under this subdivision, or (C) failing to discover any
account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
   (6) The local child support agency may request information
pursuant to this subdivision only when the local child support agency
has received at least one of the following types of physical
evidence:
   (A) Any of the following, dated within the last three years:
   (i) Form 599.
   (ii) Form 1099.
   (iii) A bank statement.
   (iv) A check.
   (v) A bank passbook.
   (vi) A deposit slip.
   (vii) A copy of a federal or state income tax return.
   (viii) A debit or credit advice.
   (ix) Correspondence that identifies the child support obligor by
name, the bank, and the account number.
   (x) Correspondence that identifies the child support obligor by
name, the bank, and the banking services related to the account of
the obligor.
   (xi) An asset identification report from a federal agency.
   (B) A sworn declaration of the custodial parent during the 12
months immediately preceding the request that the person named in the
request has had or may have had an account at an office or branch of
the financial institution to which the request is made.
   (7) Information obtained by a local child support agency pursuant
to this subdivision shall be used only for purposes that are directly
connected with the administration of the duties of the local child
support agency pursuant to Section 17400 of the Family Code.
   (m) (1) As provided in paragraph (1) of subdivision (c) of Section
666 of Title 42 of the United States Code, upon receipt of an
administrative subpoena on the current federally approved interstate
child support enforcement form, as approved by the federal Office of
Management and Budget, a financial institution shall provide the
information or documents requested by the administrative subpoena.
   (2) The administrative subpoena shall refer to the current federal
Office of Management and Budget control number and be signed by a
person who states that he or she is an authorized agent of a state or
county agency responsible for implementing the child support
enforcement program set forth in Part D (commencing with Section 651)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
A financial institution may rely on the statements made in the
subpoena and has no duty to inquire into the truth of any statement
in the subpoena.
   (3) If the person who signs the administrative subpoena directs a
financial institution in writing not to disclose either the subpoena
or its response to any owner of an account covered by the subpoena,
the financial institution shall not disclose the subpoena or its
response to the owner.
   (4) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
or providing documents in response to a subpoena pursuant to this
subdivision, (B) failing to notify any owner of an account covered by
the subpoena or complying with a request not to disclose to the
owner, the subpoena or disclosure under this subdivision, or (C)
failing to discover any account owned by the person named in the
subpoena pursuant to a computerized search of the records of the
financial institution.
   (n) The dissemination of financial information and records
pursuant to any of the following:
   (1) Compliance by a financial institution with the requirements of
Section 2892 of the Probate Code.
   (2) Compliance by a financial institution with the requirements of
Section 2893 of the Probate Code.
   (3) An order by a judge upon a written ex parte application by a
peace officer showing specific and articulable facts that there are
reasonable grounds to believe that the records or information sought
are relevant and material to an ongoing investigation of a felony
violation of Section 186.10 or of any felony subject to the
enhancement set forth in Section 186.11.
   (A) The ex parte application shall specify with particularity the
records to be produced, which shall be only those of the individual
or individuals who are the subject of the criminal investigation.
   (B) The ex parte application and any subsequent judicial order
shall be open to the public as a judicial record unless ordered
sealed by the court, for a period of 60 days. The sealing of these
records may be extended for 60-day periods upon a showing to the
court that it is necessary for the continuance of the investigation.
Sixty-day extensions may continue for up to one year or until
termination of the investigation of the individual or individuals,
whichever is sooner.
   (C) The records ordered to be produced shall be returned to the
peace officer applicant or his or her designee within a reasonable
time period after service of the order upon the financial
institution.
   (D) Nothing in this subdivision shall preclude the financial
institution from notifying a customer of the receipt of the order for
production of records unless a court orders the financial
institution to withhold notification to the customer upon a finding
that the notice would impede the investigation.
   (E) Where a court has made an order pursuant to this paragraph to
withhold notification to the customer under this paragraph, the peace
officer or law enforcement agency who obtained the financial
information shall notify the customer by delivering a copy of the ex
parte order to the customer within 10 days of the termination of the
investigation.
   (4) An order by a judge issued pursuant to subdivision (c) of
Section 532f of the Penal Code.
   (5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for any of the following:
   (A) Disclosing information to a probate court pursuant to Sections
2892 and 2893.
   (B) Disclosing information in response to a court order pursuant
to paragraph (3).
   (C) Complying with a court order under this subdivision not to
disclose to the customer, the order, or the dissemination of
information pursuant to the court order.
   (o) Disclosure by a financial institution to a peace officer, as
defined in Section 830.1 of the Penal Code, pursuant to the
following:
   (1) Paragraph (1) of subdivision (a) of Section 1748.95 of the
Civil Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 1748.95 of the Civil Code.
   (2) Paragraph (1) of subdivision (a) of Section 4002 of the
Financial Code, provided that the financial institution has first
complied with the requirements of paragraph (2) of subdivision (a)
and subdivision (b) of Section 4002 of the Financial Code.
   (3) Paragraph (1) of subdivision (a) of Section 22470 of the
Financial Code, provided that any financial institution that is a
finance lender has first complied with the requirements of paragraph
(2) of subdivision (a) and subdivision (b) of Section 22470 of the
Financial Code.
   (p) When the governing board of the Public Employees' Retirement
System or the State Teachers' Retirement System certifies in writing
to a financial institution that a benefit recipient has died and that
transfers to the benefit recipient's account at the financial
institution from the retirement system occurred after the benefit
recipient's date of death, the financial institution shall furnish
the retirement system the name and address of any coowner, cosigner,
or any other person who had access to the funds in the account
following the date of the benefit recipient's death, or if the
account has been closed, the name and address of the person who
closed the account.
   (q) When the retirement board of a retirement system established
under the County Employees Retirement Law of 1937 certifies in
writing to a financial institution that a retired member or the
beneficiary of a retired member has died and that transfers to the
account of the retired member or beneficiary of a retired member at
the financial institution from the retirement system occurred after
the date of death of the retired member or beneficiary of a retired
member, the financial institution shall furnish the retirement system
the name and address of any coowner, cosigner, or any other person
who had access to the funds in the account following the date of
death of the retired member or beneficiary of a retired member, or if
the account has been closed, the name and address of the person who
closed the account.
   (r) When the Franchise Tax Board certifies in writing to a
financial institution that (1) a taxpayer filed a tax return that
authorized a direct deposit refund with an incorrect financial
institution account or routing number that resulted in all or a
portion of the refund not being received, directly or indirectly, by
the taxpayer; (2) the direct deposit refund was not returned to the
Franchise Tax Board; and (3) the refund was deposited directly on a
specified date into the account of an accountholder of the financial
institution who was not entitled to receive the refund, then the
financial institution shall furnish to the Franchise Tax Board the
name and address of any coowner, cosigner, or any other person who
had access to the funds in the account following the date of direct
deposit refund, or if the account has been closed, the name and
address of the person who closed the account.
   (s) This section shall become operative on January 1, 2013.

  SEC. 2.  Section 15630.1 of the Welfare and Institutions Code is
amended to read:
   15630.1.  (a) As used in this section, "mandated reporter of
suspected financial abuse of an elder or dependent adult" means all
officers and employees of financial institutions.
   (b) As used in this section, the term "financial institution"
means any of the following:
   (1) A depository institution, as defined in Section 3(c) of the
Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(c)).
   (2) An institution-affiliated party, as defined in Section 3(u) of
the Federal Deposit Insurance Act (12 U.S.C. Sec. 1813(u)).
   (3) A federal credit union or state credit union, as defined in
Section 101 of the Federal Credit Union Act (12 U.S.C. Sec. 1752),
including, but not limited to, an institution-affiliated party of a
credit union, as defined in Section 206(r) of the Federal Credit
Union Act (12 U.S.C. Sec. 1786(r)).
   (c) As used in this section, "financial abuse" has the same
meaning as in Section 15610.30.
   (d) (1) Any mandated reporter of suspected financial abuse of an
elder or dependent adult who has direct contact with the elder or
dependent adult or who reviews or approves the elder or dependent
adult's financial documents, records, or transactions, in connection
with providing financial services with respect to an elder or
dependent adult, and who, within the scope of his or her employment
or professional practice, has observed or has knowledge of an
incident, that is directly related to the transaction or matter that
is within that scope of employment or professional practice, that
reasonably appears to be financial abuse, or who reasonably suspects
that abuse, based solely on the information before him or her at the
time of reviewing or approving the document, record, or transaction
in the case of mandated reporters who do not have direct contact with
the elder or dependent adult, shall report the known or suspected
instance of financial abuse by telephone immediately, or as soon as
practicably possible, and by written report sent within two working
days to the local adult protective services agency or the local law
enforcement agency.

         (2) When two or more mandated reporters jointly have
knowledge or reasonably suspect that financial abuse of an elder or a
dependent adult for which the report is mandated has occurred, and
when there is an agreement among them, the telephone report may be
made by a member of the reporting team who is selected by mutual
agreement. A single report may be made and signed by the selected
member of the reporting team. Any member of the team who has
knowledge that the member designated to report has failed to do so
shall thereafter make that report.
   (3) If the mandated reporter knows that the elder or dependent
adult resides in a long-term care facility, as defined in Section
15610.47, the report shall be made to the local ombudsman or local
law enforcement agency.
   (e) An allegation by the elder or dependent adult, or any other
person, that financial abuse has occurred is not sufficient to
trigger the reporting requirement under this section if both of the
following conditions are met:
   (1) The mandated reporter of suspected financial abuse of an elder
or dependent adult is aware of no other corroborating or independent
evidence of the alleged financial abuse of an elder or dependent
adult. The mandated reporter of suspected financial abuse of an elder
or dependent adult is not required to investigate any accusations.
   (2) In the exercise of his or her professional judgment, the
mandated reporter of suspected financial abuse of an elder or
dependent adult reasonably believes that financial abuse of an elder
or dependent adult did not occur.
   (f) Failure to report financial abuse under this section shall be
subject to a civil penalty not exceeding one thousand dollars
($1,000) or if the failure to report is willful, a civil penalty not
exceeding five thousand dollars ($5,000), which shall be paid by the
financial institution that is the employer of the mandated reporter
to the party bringing the action. Subdivision (h) of Section 15630
shall not apply to violations of this section.
   (g) (1) The civil penalty provided for in subdivision (f) shall be
recovered only in a civil action brought against the financial
institution by the Attorney General, district attorney, or county
counsel. No action shall be brought under this section by any person
other than the Attorney General, district attorney, or county
counsel. Multiple actions for the civil penalty may not be brought
for the same violation.
   (2) Nothing in the Financial Elder Abuse Reporting Act of 2005
shall be construed to limit, expand, or otherwise modify any civil
liability or remedy that may exist under this or any other law.
   (h) As used in this section, "suspected financial abuse of an
elder or dependent adult" occurs when a person who is required to
report under subdivision (a) observes or has knowledge of behavior or
unusual circumstances or transactions, or a pattern of behavior or
unusual circumstances or transactions, that would lead an individual
with like training or experience, based on the same facts, to form a
reasonable belief that an elder or dependent adult is the victim of
financial abuse as defined in Section 15610.30.
   (i) Reports of suspected financial abuse of an elder or dependent
adult made by an employee or officer of a financial institution
pursuant to this section are covered under subdivision (b) of Section
47 of the Civil Code. 
   (j) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 3.  Section 15633 of the Welfare and Institutions Code, as
amended by Section 5 of Chapter 140 of the Statutes of 2005, is
amended to read:
   15633.  (a) The reports made pursuant to Sections 15630, 15630.1,
and 15631 shall be confidential and may be disclosed only as provided
in subdivision (b). Any violation of the confidentiality required by
this chapter is a misdemeanor punishable by not more than six months
in the county jail, by a fine of five hundred dollars ($500), or by
both that fine and imprisonment.
   (b) Reports of suspected abuse of an elder or dependent adult and
information contained therein may be disclosed only to the following:

   (1) Persons or agencies to whom disclosure of information or the
identity of the reporting party is permitted under Section 15633.5.
   (2) (A) Persons who are trained and qualified to serve on
multidisciplinary personnel teams may disclose to one another
information and records that are relevant to the prevention,
identification, or treatment of abuse of elderly or dependent
persons.
   (B) Except as provided in subparagraph (A), any personnel of the
multidisciplinary team or agency that receives information pursuant
to this chapter, shall be under the same obligations and subject to
the same confidentiality penalties as the person disclosing or
providing that information. The information obtained shall be
maintained in a manner that ensures the maximum protection of privacy
and confidentiality rights.
   (c) This section shall not be construed to allow disclosure of any
reports or records relevant to the reports of abuse of an elder or
dependent adult if the disclosure would be prohibited by any other
provisions of state or federal law applicable to the reports or
records relevant to the reports of the abuse, nor shall it be
construed to prohibit the disclosure by a financial institution of
any reports or records relevant to the reports of abuse of an elder
or dependent adult if the disclosure would be required of a financial
institution by otherwise applicable state or federal law or court
order. 
   (d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 4.  Section 15633 of the Welfare and Institutions Code, as
added by Section 6 of Chapter 140 of the Statutes of 2005, is
repealed. 
   15633.  (a) The reports made pursuant to Sections 15630 and 15631
shall be confidential and may be disclosed only as provided in
subdivision (b). Any violation of the confidentiality required by
this chapter is a misdemeanor punishable by not more than six months
in the county jail, by a fine of five hundred dollars ($500), or by
both that fine and imprisonment.
   (b) Reports of suspected elder or dependent adult abuse and
information contained therein may be disclosed only to the following:

   (1) Persons or agencies to whom disclosure of information or the
identity of the reporting party is permitted under Section 15633.5.
   (2) (A) Persons who are trained and qualified to serve on
multidisciplinary personnel teams may disclose to one another
information and records that are relevant to the prevention,
identification, or treatment of abuse of elderly or dependent
persons.
   (B) Except as provided in subparagraph (A), any personnel of the
multidisciplinary team or agency that receives information pursuant
to this chapter, shall be under the same obligations and subject to
the same confidentiality penalties as the person disclosing or
providing that information. The information obtained shall be
maintained in a manner that ensures the maximum protection of privacy
and confidentiality rights.
   (c) This section shall not be construed to allow disclosure of any
reports or records relevant to the reports of elder or dependent
adult abuse if the disclosure would be prohibited by any other
provisions of state or federal law applicable to the reports or
records relevant to the reports of the abuse.
   (d) This section shall become operative on January 1, 2013.

  SEC. 5.  Section 15634 of the Welfare and Institutions Code, as
amended by Section 7 of Chapter 140 of the Statutes of 2005, is
amended to read:
   15634.  (a) No care custodian, clergy member, health practitioner,
mandated reporter of suspected financial abuse of an elder or
dependent adult, or employee of an adult protective services agency
or a local law enforcement agency who reports a known or suspected
instance of abuse of an elder or dependent adult shall be civilly or
criminally liable for any report required or authorized by this
article. Any other person reporting a known or suspected instance of
abuse of an elder or dependent adult shall not incur civil or
criminal liability as a result of any report authorized by this
article, unless it can be proven that a false report was made and the
person knew that the report was false. No person required to make a
report pursuant to this article, or any person taking photographs at
his or her discretion, shall incur any civil or criminal liability
for taking photographs of a suspected victim of abuse of an elder or
dependent adult or causing photographs to be taken of such a
suspected victim or for disseminating the photographs with the
reports required by this article. However, this section shall not be
construed to grant immunity from this liability with respect to any
other use of the photographs.
   (b) No care custodian, clergy member, health practitioner,
mandated reporter of suspected financial abuse of an elder or
dependent adult, or employee of an adult protective services agency
or a local law enforcement agency who, pursuant to a request from an
adult protective services agency or a local law enforcement agency
investigating a report of known or suspected abuse of an elder or
dependent adult, provides the requesting agency with access to the
victim of a known or suspected instance of abuse of an elder or
dependent adult, shall incur civil or criminal liability as a result
of providing that access.
   (c) The Legislature finds that, even though it has provided
immunity from liability to persons required to report abuse of an
elder or dependent adult, immunity does not eliminate the possibility
that actions may be brought against those persons based upon
required reports of abuse. In order to further limit the financial
hardship that those persons may incur as a result of fulfilling their
legal responsibilities, it is necessary that they not be unfairly
burdened by legal fees incurred in defending those actions.
Therefore, a care custodian, clergy member, health practitioner, or
an employee of an adult protective services agency or a local law
enforcement agency may present to the State Board of Control a claim
for reasonable attorneys' fees incurred in any action against that
person on the basis of making a report required or authorized by this
article if the court has dismissed the action upon a demurrer or
motion for summary judgment made by that person, or if he or she
prevails in the action. The State Board of Control shall allow that
claim if the requirements of this subdivision are met, and the claim
shall be paid from an appropriation to be made for that purpose.
Attorneys' fees awarded pursuant to this section shall not exceed an
hourly rate greater than the rate charged by the Attorney General at
the time the award is made and shall not exceed an aggregate amount
of fifty thousand dollars ($50,000). This subdivision shall not apply
if a public entity has provided for the defense of the action
pursuant to Section 995 of the Government Code. 
   (d) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 6.  Section 15634 of the Welfare and Institutions Code, as
amended by Section 711 of Chapter 538 of the Statutes of 2006, is
repealed. 
   15634.  (a) No care custodian, clergy member, health practitioner,
or employee of an adult protective services agency or a local law
enforcement agency who reports a known or suspected instance of elder
or dependent adult abuse shall be civilly or criminally liable for
any report required or authorized by this article. Any other person
reporting a known or suspected instance of elder or dependent adult
abuse shall not incur civil or criminal liability as a result of any
report authorized by this article, unless it can be proven that a
false report was made and the person knew that the report was false.
No person required to make a report pursuant to this article, or any
person taking photographs at his or her discretion, shall incur any
civil or criminal liability for taking photographs of a suspected
victim of elder or dependent adult abuse or causing photographs to be
taken of the suspected victim or for disseminating the photographs
with the reports required by this article. However, this section
shall not be construed to grant immunity from this liability with
respect to any other use of the photographs.
   (b) No care custodian, clergy member, health practitioner, or
employee of an adult protective services agency or a local law
enforcement agency who, pursuant to a request from an adult
protective services agency or a local law enforcement agency
investigating a report of known or suspected elder or dependent adult
abuse, provides the requesting agency with access to the victim of a
known or suspected instance of elder or dependent adult abuse, shall
incur civil or criminal liability as a result of providing that
access.
   (c) The Legislature finds that, even though it has provided
immunity from liability to persons required to report elder or
dependent adult abuse, immunity does not eliminate the possibility
that actions may be brought against those persons based upon required
reports of abuse. In order to further limit the financial hardship
that those persons may incur as a result of fulfilling their legal
responsibilities, it is necessary that they not be unfairly burdened
by legal fees incurred in defending those actions. Therefore, a care
custodian, clergy member, health practitioner, or employee of an
adult protective services agency or a local law enforcement agency
may present to the California Victim Compensation and Government
Claims Board a claim for reasonable attorney's fees incurred in any
action against that person on the basis of making a report required
or authorized by this article if the court has dismissed the action
upon a demurrer or motion for summary judgment made by that person,
or if he or she prevails in the action. The California Victim
Compensation and Government Claims Board shall allow that claim if
the requirements of this subdivision are met, and the claim shall be
paid from an appropriation to be made for that purpose. Attorney's
fees awarded pursuant to this section shall not exceed an hourly rate
greater than the rate charged by the Attorney General at the time
the award is made and shall not exceed an aggregate amount of fifty
thousand dollars ($50,000). This subdivision shall not apply if a
public entity has provided for the defense of the action pursuant to
Section 995 of the Government Code.
   (d) This section shall become operative on January 1, 2013.

  SEC. 7.  Section 15640 of the Welfare and Institutions Code, as
amended by Section 9 of Chapter 140 of the Statutes of 2005, is
amended to read:
   15640.  (a) (1) An adult protective services agency shall
immediately, or as soon as practically possible, report by telephone
to the law enforcement agency having jurisdiction over the case any
known or suspected instance of criminal activity, and to any public
agency given responsibility for investigation in that jurisdiction of
cases of elder and dependent adult abuse, every known or suspected
instance of abuse pursuant to Section 15630 or 15630.1 of an elder or
dependent adult. A county adult protective services agency shall
also send a written report thereof within two working days of
receiving the information concerning the incident to each agency to
which it is required to make a telephone report under this
subdivision. Prior to making any cross-report of allegations of
financial abuse to law enforcement agencies, an adult protective
services agency shall first determine whether there is reasonable
suspicion of any criminal activity.
   (2) If an adult protective services agency receives a report of
abuse alleged to have occurred in a long-term care facility, that
adult protective services agency shall immediately inform the person
making the report that he or she is required to make the report to
the long-term care ombudsman program or to a local law enforcement
agency. The adult protective services agency shall not accept the
report by telephone but shall forward any written report received to
the long-term care ombudsman.
   (b) If an adult protective services agency or local law
enforcement agency or ombudsman program receiving a report of known
or suspected elder or dependent adult abuse determines, pursuant to
its investigation, that the abuse is being committed by a health
practitioner licensed under Division 2 (commencing with Section 500)
of the Business and Professions Code, or any related initiative act,
or by a person purporting to be a licensee, the adult protective
services agency or local law enforcement agency or ombudsman program
shall immediately, or as soon as practically possible, report this
information to the appropriate licensing agency. The licensing agency
shall investigate the report in light of the potential for physical
harm. The transmittal of information to the appropriate licensing
agency shall not relieve the adult protective services agency or
local law enforcement agency or ombudsman program of the
responsibility to continue its own investigation as required under
applicable provisions of law. The information reported pursuant to
this paragraph shall remain confidential and shall not be disclosed.
   (c) A local law enforcement agency shall immediately, or as soon
as practically possible, report by telephone to the long-term care
ombudsman program when the abuse is alleged to have occurred in a
long-term care facility or to the county adult protective services
agency when it is alleged to have occurred anywhere else, and to the
agency given responsibility for the investigation of cases of elder
and dependent adult abuse every known or suspected instance of abuse
of an elder or dependent adult. A local law enforcement agency shall
also send a written report thereof within two working days of
receiving the information concerning the incident to any agency to
which it is required to make a telephone report under this
subdivision.
   (d) A long-term care ombudsman coordinator may report the instance
of abuse to the county adult protective services agency or to the
local law enforcement agency for assistance in the investigation of
the abuse if the victim gives his or her consent. A long-term care
ombudsman program and the Licensing and Certification Division of the
State Department of Health Services shall immediately report by
telephone and in writing within two working days to the bureau any
instance of neglect occurring in a health care facility, that has
seriously harmed any patient or reasonably appears to present a
serious threat to the health or physical well-being of a patient in
that facility. If a victim or potential victim of the neglect
withholds consent to being identified in that report, the report
shall contain circumstantial information about the neglect but shall
not identify that victim or potential victim and the bureau and the
reporting agency shall maintain the confidentiality of the report
until the report becomes a matter of public record.
   (e) When a county adult protective services agency, a long-term
care ombudsman program, or a local law enforcement agency receives a
report of abuse, neglect, or abandonment of an elder or dependent
adult alleged to have occurred in a long-term care facility, that
county adult protective services agency, long-term care ombudsman
coordinator, or local law enforcement agency shall report the
incident to the licensing agency by telephone as soon as possible.
   (f) County adult protective services agencies, long-term care
ombudsman programs, and local law enforcement agencies shall report
the results of their investigations of referrals or reports of abuse
to the respective referring or reporting agencies. 
   (g) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 8.  Section 15640 of the Welfare and Institutions Code, as
added by Section 10 of Chapter 140 of the Statutes of 2005, is
repealed. 
   15640.  (a) (1) An adult protective services agency shall
immediately, or as soon as practically possible, report by telephone
to the law enforcement agency having jurisdiction over the case any
known or suspected instance of criminal activity, and to any public
agency given responsibility for investigation in that jurisdiction of
cases of elder and dependent adult abuse, every known or suspected
instance of abuse pursuant to Section 15630 of an elder or dependent
adult. A county adult protective services agency shall also send a
written report thereof within two working days of receiving the
information concerning the incident to each agency to which it is
required to make a telephone report under this subdivision. Prior to
making any cross-report of allegations of financial abuse to law
enforcement agencies, an adult protective services agency shall first
determine whether there is reasonable suspicion of any criminal
activity.
   (2) If an adult protective services agency receives a report of
abuse alleged to have occurred in a long-term care facility, that
adult protective services agency shall immediately inform the person
making the report that he or she is required to make the report to
the long-term care ombudsman program or to a local law enforcement
agency. The adult protective services agency shall not accept the
report by telephone but shall forward any written report received to
the long-term care ombudsman.
   (b) If an adult protective services agency or local law
enforcement agency or ombudsman program receiving a report of known
or suspected elder or dependent adult abuse determines, pursuant to
its investigation, that the abuse is being committed by a health
practitioner licensed under Division 2 (commencing with Section 500)
of the Business and Professions Code, or any related initiative act,
or by a person purporting to be a licensee, the adult protective
services agency or local law enforcement agency or ombudsman program
shall immediately, or as soon as practically possible, report this
information to the appropriate licensing agency. The licensing agency
shall investigate the report in light of the potential for physical
harm. The transmittal of information to the appropriate licensing
agency shall not relieve the adult protective services agency or
local law enforcement agency or ombudsman program of the
responsibility to continue its own investigation as required under
applicable provisions of law. The information reported pursuant to
this paragraph shall remain confidential and shall not be disclosed.
   (c) A local law enforcement agency shall immediately, or as soon
as practically possible, report by telephone to the long-term care
ombudsman program when the abuse is alleged to have occurred in a
long-term care facility or to the county adult protective services
agency when it is alleged to have occurred anywhere else, and to the
agency given responsibility for the investigation of cases of elder
and dependent adult abuse every known or suspected instance of abuse
of an elder or dependent adult. A local law enforcement agency shall
also send a written report thereof within two working days of
receiving the information concerning the incident to any agency to
which it is required to make a telephone report under this
subdivision.
   (d) A long-term care ombudsman coordinator may report the instance
of abuse to the county adult protective services agency or to the
local law enforcement agency for assistance in the investigation of
the abuse if the victim gives his or her consent. A long-term care
ombudsman program and the Licensing and Certification Division of the
State Department of Health Services shall immediately report by
telephone and in writing within two working days to the bureau any
instance of neglect occurring in a health care facility, that has
seriously harmed any patient or reasonably appears to present a
serious threat to the health or physical well-being of a patient in
that facility. If a victim or potential victim of the neglect
withholds consent to being identified in that report, the report
shall contain circumstantial information about the neglect but shall
not identify that victim or potential victim and the bureau and the
reporting agency shall maintain the confidentiality of the report
until the report becomes a matter of public record.
   (e) When a county adult protective services agency, a long-term
care ombudsman program, or a local law enforcement agency receives a
report of abuse, neglect, or abandonment of an elder or dependent
adult alleged to have occurred in a long-term care facility,
                                   that county adult protective
services agency, long-term care ombudsman coordinator, or local law
enforcement agency shall report the incident to the licensing agency
by telephone as soon as possible.
   (f) County adult protective services agencies, long-term care
ombudsman programs, and local law enforcement agencies shall report
the results of their investigations of referrals or reports of abuse
to the respective referring or reporting agencies.
   (g) This section shall become operative on January 1, 2013.

  SEC. 9.  Section 15655.5 of the Welfare and Institutions Code, as
amended by Section 11 of Chapter 140 of the Statutes of 2005, is
amended to read:
   15655.5.  A county adult protective services agency shall provide
the organizations listed in paragraphs (v), (w), and (x) of Section
15610.17, and mandated reporters of suspected financial abuse of an
elder or dependent adult pursuant to Section 15630.1, with
instructional materials regarding abuse and neglect of an elder or
dependent adult and their obligation to report under this chapter. At
a minimum, the instructional materials shall include the following:
   (a) An explanation of abuse and neglect of an elder or dependent
adult, as defined in this chapter.
   (b) Information on how to recognize potential abuse and neglect of
an elder or dependent adult.
   (c) Information on how the county adult protective services agency
investigates reports of known or suspected abuse and neglect.
   (d) Instructions on how to report known or suspected incidents of
abuse and neglect, including the appropriate telephone numbers to
call and what types of information would assist the county adult
protective services agency with its investigation of the report.

   (e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date. 
  SEC. 10.  Section 15655.5 of the Welfare and Institutions Code, as
amended by Section 712 of Chapter 538 of the Statutes of 2006, is
repealed. 
   15655.5.  A county adult protective services agency shall provide
the organizations listed in paragraphs (v), (w), and (x) of Section
15610.17 with instructional materials regarding elder and dependent
adult abuse and neglect and their obligation to report under this
chapter. At a minimum, the instructional materials shall include the
following:
   (a) An explanation of elder and dependent adult abuse and neglect,
as defined in this chapter.
   (b) Information on how to recognize potential elder and dependent
adult abuse and neglect.
   (c) Information on how the county adult protective services agency
investigates reports of known or suspected abuse and neglect.
   (d) Instructions on how to report known or suspected incidents of
abuse and neglect, including the appropriate telephone numbers to
call and what types of information would assist the county adult
protective services agency with its investigation of the report.
   (e) This section shall become operative on January 1, 2013.