BILL NUMBER: AB 477	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2013

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 amended, 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. 
 adult, as specified.  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.   adult and would require a
notary public to report known or suspected instances of financial
abuse of an elder or dependent adult if the notary public has
observed or has knowledge of suspected financial abuse in connection
with providing notary services. 
   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   officer or
employee of a financial institution  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) Any notary public who, in connection with providing notary
services, has observed or has knowledge of suspected financial abuse
of an 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) 
    (3)  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) 
    (4)  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.