BILL NUMBER: AB 477	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 19, 2013

   An act to amend Section 15630.1 of the Welfare and Institutions
Code, relating to elder and dependent adult abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 477, as introduced, Chau. Elder and dependent adult abuse:
mandated reporting.
   Existing law, the Financial Elder Abuse Reporting Act of 2005,
establishes procedures for the reporting of suspected financial abuse
of an elder or dependent adult, as defined. These procedures require
mandated reporters of suspected financial abuse of an elder or
dependent adult, as defined, to report known or suspected instances
of financial abuse of an elder or dependent adult. Existing law makes
a violation of the reporting requirements subject to a civil
penalty.
   This bill would include notaries public in the definition of
mandated reporters of suspected financial abuse of an elder or
dependent adult.
   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 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  and notaries
public  .
   (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  or notary 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 or
through a confidential Internet reporting tool, as authorized
pursuant to Section 15658, immediately, or as soon as practicably
possible. If reported by telephone, a written report shall be sent,
or an Internet report shall be made through the confidential Internet
reporting tool established in Section 15658, 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 or Internet report,
as authorized by Section 15658, 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
 or the notary public  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  or the notary public  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.