Amended in Senate September 3, 2013

Amended in Senate August 12, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 602


Introduced by Assembly Member Yamada

(Coauthor: Assembly Member Gorell)

February 20, 2013


An act to add Section 13515.30 to the Penal Code, and to amend Sections 4427.5 and 15630 of the Welfare and Institutions Code, relating to disabled persons.

LEGISLATIVE COUNSEL’S DIGEST

AB 602, as amended, Yamada. Mentally and developmentally disabled persons: reporting abuse.

Existing law requires the Commission on Peace Officer Standards and Training, in the Department of Justice, to establish and keep updated a continuing education classroom training course relating to law enforcement intervention with mentally disabled persons and requires the course to be developed in consultation with specified groups and entities. Existing law requires the commission to submit a report to the Legislature that contains specified information regarding this training.

This bill would require the commission to establish, by July 1, 2015, and keep updated a training course relating to law enforcement interaction with mentally disabled or developmentally disabled persons living within a state mental hospital or state developmental center, as specified. The training course would be required for law enforcement personnel in law enforcement agencies with jurisdiction over state mental health hospitals and state developmental centers, as part of the agency’s officer training program. By creating new duties for local officials, this bill would impose a state-mandated local program.

Existing law requires specified people, known as mandated reporters, to report cases of elder or dependent adult abuse, as defined. Existing law requires a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, or to the local enforcement agency if the suspected or alleged abuse occurred in a state mental hospital or state developmental center. Existing law also requires mandated reporters in the State Department of Developmental Services to immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency. Failure to make a report as required by existing law is a misdemeanor.

This bill would instead require a report to be made to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, and also to the local enforcement agency, as specified, if the suspected or alleged abuse or neglect occurred in a state mental hospital or state developmental center and resulted in any specified incidents, including a death or a sexual assault. By expanding the scope of an existing crime, the bill would impose a state-mandated local program. This bill would also remove the requirement that mandated reporters in the State Department of Developmental Services immediately report suspected abuse to the Office of Protective Services or to the local law enforcement agency.

This bill would also require a local law enforcement agency to coordinate efforts with the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services to provide a response to investigate reports received pursuant to specified provisions. By creating new duties for local officials, this bill would impose a state-mandated local program.

Existing law requires a developmental center to immediately report resident deaths and certain serious injuries, including a sexual assault, to the local law enforcement agency having jurisdiction over the city or county in which the developmental center is located.

This bill would specify that a developmental center is required to report that information immediately, but no later than within 2 hours of the mandated reporter observing, obtaining knowledge of, or suspecting abuse.

begin insert

This bill would incorporate additional changes in Section 4427.5 of the Welfare and Institutions Code made by SB 651, to become operative if SB 651 and this bill are both enacted and become effective on or before January 1, 2014, and this bill is enacted last.

end insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 13515.30 is added to the Penal Code, to
2read:

3

13515.30.  

(a) By July 1, 2015, the Commission on Peace
4Officer Standards and Training shall establish and keep updated
5a continuing education training course relating to law enforcement
6interaction with mentally disabled and developmentally disabled
7persons living within a state mental hospital or state developmental
8center. The training course shall be developed by the commission
9in consultation with appropriate community, local, and state
10organizations and agencies that have expertise in the area of mental
11illness and developmental disability, and with appropriate consumer
12and family advocate groups. In developing the course, the
13commission shall also examine existing courses certified by the
14commission that relate to mentally disabled and developmentally
15disabled persons. The commission shall make the course available
16to all law enforcement agencies in California, and the course shall
17be required for law enforcement personnel serving in law
18enforcement agencies with jurisdiction over state mental hospitals
19and state developmental centers, as part of the agency’s officer
20training program.

P4    1(b) The course described in subdivision (a) may consist of
2video-based or classroom instruction. The course shall include, at
3a minimum, core instruction in all of the following:

4(1) The prevalence, cause, and nature of mental illnesses and
5developmental disabilities.

6(2) The unique characteristics, barriers, and challenges of
7individuals who may be a victim of abuse or exploitation living
8within a state mental hospital or state developmental center.

9(3) How to accommodate, interview, and converse with
10individuals who may require assistive devices in order to express
11themselves.

12(4) Capacity and consent of individuals with cognitive and
13intellectual barriers.

14(5) Conflict resolution and deescalation techniques for
15potentially dangerous situations involving mentally disabled or
16developmentally disabled persons.

17(6) Appropriate language usage when interacting with mentally
18disabled or developmentally disabled persons.

19(7) Community and state resources and advocacy support and
20services available to serve mentally disabled or developmentally
21disabled persons, and how these resources can be best utilized by
22law enforcement to benefit the mentally disabled or
23developmentally disabled community.

24(8) The fact that a crime committed in whole or in part because
25of an actual or perceived disability of the victim is a hate crime
26punishable under Title 11.6 (commencing with Section 422.55)
27of Part 1.

28(9) Information on the state mental hospital system and the state
29developmental center system.

30(10) Techniques in conducting forensic investigations within
31institutional settings where jurisdiction may be shared.

32(11) Examples of abuse and exploitation perpetrated by
33caregivers, staff, contractors, or administrators of state mental
34hospitals and state developmental centers, and how to conduct
35investigations in instances where a perpetrator may also be a
36caregiver or provider of therapeutic or other services.

37

SEC. 2.  

Section 4427.5 of the Welfare and Institutions Code
38 is amended to read:

39

4427.5.  

(a) (1) A developmental center shall immediately,
40but no later than within two hours of the developmental center
P5    1observing, obtaining knowledge of, or suspecting abuse, report
2the following incidents involving a resident to the local law
3enforcement agency having jurisdiction over the city or county in
4which the developmental center is located, regardless of whether
5the Office of Protective Services has investigated the facts and
6circumstances relating to the incident:

7(A) A death.

8(B) A sexual assault, as defined in Section 15610.63.

9(C) An assault with a deadly weapon, as described in Section
10245 of the Penal Code, by a nonresident of the developmental
11center.

12(D) An assault with force likely to produce great bodily injury,
13as described in Section 245 of the Penal Code.

14(E) An injury to the genitals when the cause of the injury is
15undetermined.

16(F) A broken bone when the cause of the break is undetermined.

17(2) If the incident is reported to the law enforcement agency by
18telephone, a written report of the incident shall also be submitted
19to the agency, within two working days.

20(3) The reporting requirements of this subdivision are in addition
21to, and do not substitute for, the reporting requirements of
22mandated reporters, and any other reporting and investigative
23duties of the developmental center and the department as required
24by law.

25(4) This section does not prevent the developmental center from
26reporting any other criminal act constituting a danger to the health
27or safety of the residents of the developmental center to the local
28law enforcement agency.

29(b) (1) The department shall report to the agency described in
30subdivision (i) of Section 4900 any of the following incidents
31involving a resident of a developmental center:

32(A) Any unexpected or suspicious death, regardless of whether
33the cause is immediately known.

34(B) Any allegation of sexual assault, as defined in Section
3515610.63, in which the alleged perpetrator is a developmental
36center or department employee or contractor.

37(C) Any report made to the local law enforcement agency in
38the jurisdiction in which the facility is located that involves
39physical abuse, as defined in Section 15610.63, in which a staff
40member is implicated.

P6    1(2) A report pursuant to this subdivision shall be made no later
2than the close of the first business day following the discovery of
3the reportable incident.

4(c) The department shall do both of the following:

5(1) Annually provide written information to every developmental
6center employee regarding all of the following:

7(A) The statutory and departmental requirements for mandatory
8reporting of suspected or known abuse.

9(B) The rights and protections afforded to individuals’ reporting
10of suspected or known abuse.

11(C) The penalties for failure to report suspected or known abuse.

12(D) The telephone numbers for reporting suspected or known
13abuse or neglect to designated investigators of the department and
14to local law enforcement agencies.

15(2) On or before August 1, 2001, in consultation with employee
16organizations, advocates, consumers, and family members, develop
17a poster that encourages staff, residents, and visitors to report
18suspected or known abuse and provides information on how to
19make these reports.

20begin insert

begin insertSEC. 2.5.end insert  

end insert

begin insertSection 4427.5 of the end insertbegin insertWelfare and Institutions Codeend insert
21begin insert is amended to read:end insert

22

4427.5.  

(a) (1) A developmental center shallbegin delete immediatelyend delete
23begin insert immediately,end insertbegin insert but no later than within two hours of the
24developmental center observing, obtaining knowledge of, or
25suspecting abuse,end insert
report the following incidents involving a
26resident to the local law enforcement agency having jurisdiction
27over the city or county in which the developmental center is
28located, regardless of whether the Office of Protective Services
29has investigated the facts and circumstances relating to the incident:

30(A) A death.

31(B) A sexual assault, as defined in Section 15610.63.

32(C) An assault with a deadly weapon, as described in Section
33245 of the Penal Code, by a nonresident of the developmental
34center.

35(D) An assault with force likely to produce great bodily injury,
36as described in Section 245 of the Penal Code.

37(E) An injury to the genitals when the cause of the injury is
38undetermined.

39(F) A brokenbegin delete bone,end deletebegin insert boneend insert when the cause of the break is
40 undetermined.

P7    1(2) If the incident is reported to the law enforcement agency by
2telephone, a written report of the incident shall also be submitted
3to the agency, within two working days.

4(3) The reporting requirements of this subdivision are in addition
5to, and do not substitute for, the reporting requirements of
6mandated reporters, and any other reporting and investigative
7duties of the developmental center and the department as required
8by law.

9(4) begin deleteNothing in this subdivision shall be interpreted to end deletebegin insertThis
10section does notend insert
begin insert end insertprevent the developmental center from reporting
11any other criminal act constituting a danger to the health or safety
12of the residents of the developmental center to the local law
13enforcement agency.

14(b) (1) The department shall report to the agency described in
15subdivision (i) of Section 4900 any of the following incidents
16involving a resident of a developmental center:

17(A) Any unexpected or suspicious death, regardless of whether
18the cause is immediately known.

19(B) Any allegation of sexual assault, as defined in Section
2015610.63, in which the alleged perpetrator is a developmental
21center or department employee or contractor.

22(C) Any report made to the local law enforcement agency in
23the jurisdiction in which the facility is located that involves
24physical abuse, as defined in Section 15610.63, in which a staff
25member is implicated.

26(2) A report pursuant to this subdivision shall be made no later
27than the close of the first business day following the discovery of
28the reportable incident.

29(c) The department shall do both of the following:

30(1) Annually provide written information to every developmental
31center employee regarding all of the following:

32(A) The statutory and departmental requirements for mandatory
33reporting of suspected or known abuse.

34(B) The rights and protections afforded to individuals’ reporting
35of suspected or known abuse.

36(C) The penalties for failure to report suspected or known abuse.

37(D) The telephone numbers for reporting suspected or known
38abuse or neglect to designated investigators of the department and
39to local law enforcement agencies.

P8    1(2) On or before August 1, 2001, in consultation with employee
2organizations, advocates, consumers, and family members, develop
3a poster that encourages staff, residents, and visitors to report
4suspected or known abuse and provides information on how to
5make these reports.

begin insert

6(d) A failure to report an incident under subdivision (a) shall
7be deemed a class B violation as provided in Section 1424.6 of the
8Health and Safety Code if the incident occurs in a distinct part
9long-term health care facility. If the incident occurs in the general
10acute care hospital or acute psychiatric hospital portion of the
11developmental center, a failure to report the incident under
12subdivision (a) shall be subject to a civil penalty specified in
13Section 1280.4 of the Health and Safety Code.

end insert
14

SEC. 3.  

Section 15630 of the Welfare and Institutions Code is
15amended to read:

16

15630.  

(a) Any person who has assumed full or intermittent
17 responsibility for the care or custody of an elder or dependent
18adult, whether or not he or she receives compensation, including
19administrators, supervisors, and any licensed staff of a public or
20private facility that provides care or services for elder or dependent
21adults, or any elder or dependent adult care custodian, health
22practitioner, clergy member, or employee of a county adult
23protective services agency or a local law enforcement agency, is
24a mandated reporter.

25(b) (1) Any mandated reporter who, in his or her professional
26capacity, or within the scope of his or her employment, has
27observed or has knowledge of an incident that reasonably appears
28to be physical abuse, as defined in Section 15610.63, abandonment,
29abduction, isolation, financial abuse, or neglect, or is told by an
30elder or dependent adult that he or she has experienced behavior,
31including an act or omission, constituting physical abuse, as defined
32in Section 15610.63, abandonment, abduction, isolation, financial
33abuse, or neglect, or reasonably suspects that abuse, shall report
34the known or suspected instance of abuse by telephone or through
35a confidential Internet reporting tool, as authorized by Section
3615658, immediately or as soon as practicably possible. If reported
37by telephone, a written report shall be sent, or an Internet report
38shall be made through the confidential Internet reporting tool
39established in Section 15658, within two working days.

P9    1(A) If the suspected or alleged abuse is physical abuse, as
2defined in Section 15610.63, and the abuse occurred in a long-term
3care facility, except a state mental health hospital or a state
4developmental center, the following shall occur:

5(i) If the suspected abuse results in serious bodily injury, a
6telephone report shall be made to the local law enforcement agency
7immediately, but also no later than within two hours of the
8mandated reporter observing, obtaining knowledge of, or
9suspecting the physical abuse, and a written report shall be made
10to the local ombudsman, the corresponding licensing agency, and
11the local law enforcement agency within two hours of the mandated
12reporter observing, obtaining knowledge of, or suspecting the
13physical abuse.

14(ii) If the suspected abuse does not result in serious bodily injury,
15a telephone report shall be made to the local law enforcement
16agency within 24 hours of the mandated reporter observing,
17obtaining knowledge of, or suspecting the physical abuse, and a
18written report shall be made to the local ombudsman, the
19corresponding licensing agency, and the local law enforcement
20agency within 24 hours of the mandated reporter observing,
21obtaining knowledge of, or suspecting the physical abuse.

22(iii) When the suspected abuse is allegedly caused by a resident
23with a physician’s diagnosis of dementia, and there is no serious
24bodily injury, as reasonably determined by the mandated reporter,
25drawing upon his or her training or experience, the reporter shall
26report to the local ombudsman or law enforcement agency by
27telephone, immediately or as soon as practicably possible, and by
28written report, within 24 hours.

29(iv) When applicable, reports made pursuant to clauses (i) and
30(ii) shall be deemed to satisfy the reporting requirements of the
31federal Elder Justice Act of 2009, as set out in Subtitle H of the
32federal Patient Protection and Affordable Care Act (Public Law
33111-148), Section 1418.91 of the Health and Safety Code, and
34Section 72541 of Title 22 of California Code of Regulations. When
35a local law enforcement agency receives an initial report of
36suspected abuse in a long-term care facility pursuant to this
37subparagraph, the local law enforcement agency may coordinate
38efforts with the local ombudsman to provide the most immediate
39and appropriate response warranted to investigate the mandated
40report. The local ombudsman and local law enforcement agencies
P10   1may collaborate to develop protocols to implement this
2subparagraph.

3(B) Notwithstanding the rulemaking provisions of Chapter 3.5
4(commencing with Section 11340) of Part 1 of Division 3 of Title
52 of the Government Code, or any other law, the department may
6implement subparagraph (A), in whole or in part, by means of
7all-county letters, provider bulletins, or other similar instructions
8without taking regulatory action.

9(C) If the suspected or alleged abuse is abuse other than physical
10abuse, and the abuse occurred in a long-term care facility, except
11a state mental health hospital or a state developmental center, a
12telephone report and a written report shall be made to the local
13ombudsman or the local law enforcement agency.

14(D) With regard to abuse reported pursuant to subparagraph
15 (C), the local ombudsman and the local law enforcement agency
16shall, as soon as practicable, except in the case of an emergency
17or pursuant to a report required to be made pursuant to clause (v),
18in which case these actions shall be taken immediately, do all of
19the following:

20(i) Report to the State Department of Public Health any case of
21known or suspected abuse occurring in a long-term health care
22facility, as defined in subdivision (a) of Section 1418 of the Health
23and Safety Code.

24(ii) Report to the State Department of Social Services any case
25of known or suspected abuse occurring in a residential care facility
26for the elderly, as defined in Section 1569.2 of the Health and
27Safety Code, or in an adult day program, as defined in paragraph
28(2) of subdivision (a) of Section 1502 of the Health and Safety
29Code.

30(iii) Report to the State Department of Public Health and the
31California Department of Aging any case of known or suspected
32abuse occurring in an adult day health care center, as defined in
33subdivision (b) of Section 1570.7 of the Health and Safety Code.

34(iv) Report to the Bureau of Medi-Cal Fraud and Elder Abuse
35any case of known or suspected criminal activity.

36(v) Report all cases of known or suspected physical abuse and
37financial abuse to the local district attorney’s office in the county
38where the abuse occurred.

39(E) (i) If the suspected or alleged abuse or neglect occurred in
40a state mental hospital or a state developmental center, and the
P11   1suspected or alleged abuse or neglect resulted in any of the
2following incidents, a report shall be made immediately, but no
3later than within two hours of the mandated reporter observing,
4obtaining knowledge of, or suspecting abuse, to designated
5investigators of the State Department of State Hospitals or the
6State Department of Developmental Services, and also to the local
7law enforcement agency:

8(I) A death.

9(II) A sexual assault, as defined in Section 15610.63.

10(III) An assault with a deadly weapon, as described in Section
11245 of the Penal Code, by a nonresident of the state mental hospital
12or state developmental center.

13(IV) An assault with force likely to produce great bodily injury,
14as described in Section 245 of the Penal Code.

15(V) An injury to the genitals when the cause of the injury is
16undetermined.

17(VI) A broken bone when the cause of the break is
18undetermined.

19(ii) All other reports of suspected or alleged abuse or neglect
20that occurred in a state mental hospital or a state developmental
21center shall be made immediately, but no later than within two
22hours of the mandated reporter observing, obtaining knowledge
23of, or suspecting abuse, to designated investigators of the State
24Department of State Hospitals or the State Department of
25Developmental Services, or to the local law enforcement agency.

26(iii) When a local law enforcement agency receives an initial
27report of suspected or alleged abuse or neglect in a state mental
28hospital or a state developmental center pursuant to clause (i), the
29local law enforcement agency shall coordinate efforts with the
30 designated investigators of the State Department of State Hospitals
31or the State Department of Developmental Services to provide the
32most immediate and appropriate response warranted to investigate
33the mandated report. The designated investigators of the State
34Department of State Hospitals or the State Department of
35Developmental Services and local law enforcement agencies may
36collaborate to develop protocols to implement this clause.

37(iv) Except in an emergency, the local law enforcement agency
38shall, as soon as practicable, report any case of known or suspected
39criminal activity to the Bureau of Medi-Cal Fraud and Elder Abuse.

P12   1(v) Notwithstanding any other law, a mandated reporter who is
2required to report pursuant to Section 4427.5 shall not be required
3to report under clause (i).

4(F) If the abuse has occurred in any place other than a long-term
5care facility, a state mental hospital, or a state developmental
6center, the report shall be made to the adult protective services
7agency or the local law enforcement agency.

8(2) (A) A mandated reporter who is a clergy member who
9acquires knowledge or reasonable suspicion of elder or dependent
10adult abuse during a penitential communication is not subject to
11paragraph (1). For purposes of this subdivision, “penitential
12communication” means a communication that is intended to be in
13confidence, including, but not limited to, a sacramental confession
14made to a clergy member who, in the course of the discipline or
15practice of his or her church, denomination, or organization is
16authorized or accustomed to hear those communications and under
17the discipline tenets, customs, or practices of his or her church,
18denomination, or organization, has a duty to keep those
19communications secret.

20(B) This subdivision shall not be construed to modify or limit
21a clergy member’s duty to report known or suspected elder and
22dependent adult abuse if he or she is acting in the capacity of a
23care custodian, health practitioner, or employee of an adult
24protective services agency.

25(C) Notwithstanding any other provision in this section, a clergy
26member who is not regularly employed on either a full-time or
27part-time basis in a long-term care facility or does not have care
28or custody of an elder or dependent adult shall not be responsible
29for reporting abuse or neglect that is not reasonably observable or
30discernible to a reasonably prudent person having no specialized
31training or experience in elder or dependent care.

32(3) (A) A mandated reporter who is a physician and surgeon,
33a registered nurse, or a psychotherapist, as defined in Section 1010
34of the Evidence Code, shall not be required to report, pursuant to
35paragraph (1), an incident if all of the following conditions exist:

36(i) The mandated reporter has been told by an elder or dependent
37adult that he or she has experienced behavior constituting physical
38abuse, as defined in Section 15610.63, abandonment, abduction,
39isolation, financial abuse, or neglect.

P13   1(ii) The mandated reporter is not aware of any independent
2evidence that corroborates the statement that the abuse has
3occurred.

4(iii) The elder or dependent adult has been diagnosed with a
5mental illness or dementia, or is the subject of a court-ordered
6conservatorship because of a mental illness or dementia.

7(iv) In the exercise of clinical judgment, the physician and
8surgeon, the registered nurse, or the psychotherapist, as defined
9in Section 1010 of the Evidence Code, reasonably believes that
10the abuse did not occur.

11(B) This paragraph shall not be construed to impose upon
12mandated reporters a duty to investigate a known or suspected
13incident of abuse and shall not be construed to lessen or restrict
14any existing duty of mandated reporters.

15(4) (A) In a long-term care facility, a mandated reporter shall
16not be required to report as a suspected incident of abuse, as defined
17in Section 15610.07, an incident if all of the following conditions
18exist:

19(i) The mandated reporter is aware that there is a proper plan
20of care.

21(ii) The mandated reporter is aware that the plan of care was
22properly provided or executed.

23(iii) A physical, mental, or medical injury occurred as a result
24of care provided pursuant to clause (i) or (ii).

25(iv) The mandated reporter reasonably believes that the injury
26was not the result of abuse.

27(B) This paragraph shall not be construed to require a mandated
28reporter to seek, nor to preclude a mandated reporter from seeking,
29information regarding a known or suspected incident of abuse prior
30to reporting. This paragraph shall apply only to those categories
31of mandated reporters that the State Department of Public Health
32determines, upon approval by the Bureau of Medi-Cal Fraud and
33Elder Abuse and the state long-term care ombudsman, have access
34to plans of care and have the training and experience necessary to
35determine whether the conditions specified in this section have
36been met.

37(c) (1) Any mandated reporter who has knowledge, or
38reasonably suspects, that types of elder or dependent adult abuse
39for which reports are not mandated have been inflicted upon an
40elder or dependent adult, or that his or her emotional well-being
P14   1is endangered in any other way, may report the known or suspected
2instance of abuse.

3(2) If the suspected or alleged abuse occurred in a long-term
4care facility other than a state mental health hospital or a state
5developmental center, the report may be made to the long-term
6care ombudsman program. Except in an emergency, the local
7ombudsman shall report any case of known or suspected abuse to
8the State Department of Public Health and any case of known or
9suspected criminal activity to the Bureau of Medi-Cal Fraud and
10Elder Abuse, as soon as is practicable.

11(3) If the suspected or alleged abuse occurred in a state mental
12health hospital or a state developmental center, the report may be
13made to the designated investigator of the State Department of
14State Hospitals or the State Department of Developmental Services
15or to a local law enforcement agency. Except in an emergency,
16the local law enforcement agency shall report any case of known
17or suspected criminal activity to the Bureau of Medi-Cal Fraud
18and Elder Abuse, as soon as is practicable.

19(4) If the suspected or alleged abuse occurred in a place other
20than a place described in paragraph (2) or (3), the report may be
21made to the county adult protective services agency.

22(5) If the conduct involves criminal activity not covered in
23subdivision (b), it may be immediately reported to the appropriate
24law enforcement agency.

25(d) If two or more mandated reporters are present and jointly
26have knowledge or reasonably suspect that types of abuse of an
27elder or a dependent adult for which a report is or is not mandated
28have occurred, and there is agreement among them, the telephone
29report or Internet report, as authorized by Section 15658, may be
30made by a member of the team selected by mutual agreement, and
31a single report may be made and signed by the selected member
32of the reporting team. Any member who has knowledge that the
33member designated to report has failed to do so shall thereafter
34make the report.

35(e) A telephone report or Internet report, as authorized by
36Section 15658, of a known or suspected instance of elder or
37 dependent adult abuse shall include, if known, the name of the
38person making the report, the name and age of the elder or
39dependent adult, the present location of the elder or dependent
40adult, the names and addresses of family members or any other
P15   1adult responsible for the elder’s or dependent adult’s care, the
2nature and extent of the elder’s or dependent adult’s condition, the
3date of the incident, and any other information, including
4information that led that person to suspect elder or dependent adult
5abuse, as requested by the agency receiving the report.

6(f) The reporting duties under this section are individual, and
7no supervisor or administrator shall impede or inhibit the reporting
8duties, and no person making the report shall be subject to any
9sanction for making the report. However, internal procedures to
10facilitate reporting, ensure confidentiality, and apprise supervisors
11and administrators of reports may be established, provided they
12are not inconsistent with this chapter.

13(g) (1) Whenever this section requires a county adult protective
14services agency to report to a law enforcement agency, the law
15enforcement agency shall, immediately upon request, provide a
16copy of its investigative report concerning the reported matter to
17that county adult protective services agency.

18(2) Whenever this section requires a law enforcement agency
19to report to a county adult protective services agency, the county
20adult protective services agency shall, immediately upon request,
21provide to that law enforcement agency a copy of its investigative
22report concerning the reported matter.

23(3) The requirement to disclose investigative reports pursuant
24to this subdivision shall not include the disclosure of social services
25records or case files that are confidential, nor shall this subdivision
26be construed to allow disclosure of any reports or records if the
27disclosure would be prohibited by any other provision of state or
28federal law.

29(h) Failure to report, or impeding or inhibiting a report of,
30physical abuse, as defined in Section 15610.63, abandonment,
31abduction, isolation, financial abuse, or neglect of an elder or
32dependent adult, in violation of this section, is a misdemeanor,
33punishable by not more than six months in the county jail, by a
34fine of not more than one thousand dollars ($1,000), or by both
35that fine and imprisonment. Any mandated reporter who willfully
36fails to report, or impedes or inhibits a report of, physical abuse,
37as defined in Section 15610.63, abandonment, abduction, isolation,
38financial abuse, or neglect of an elder or dependent adult, in
39violation of this section, if that abuse results in death or great bodily
40injury, shall be punished by not more than one year in a county
P16   1jail, by a fine of not more than five thousand dollars ($5,000), or
2by both that fine and imprisonment. If a mandated reporter
3intentionally conceals his or her failure to report an incident known
4by the mandated reporter to be abuse or severe neglect under this
5section, the failure to report is a continuing offense until a law
6enforcement agency specified in paragraph (1) of subdivision (b)
7of Section 15630 discovers the offense.

8(i) For purposes of this section, “dependent adult” shall have
9the same meaning as in Section 15610.23.

10begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

Section 2.5 of this bill incorporates amendments to
11Section 4427.5 of the Welfare and Institutions Code proposed by
12both this bill and Senate Bill 651. It shall only become operative
13if (1) both bills are enacted and become effective on or before
14January 1, 2014, (2) each bill amends Section 4427.5 of the
15Welfare and Institutions Code, and (3) this bill is enacted after
16Senate Bill 651, in which case Section 2 of this bill shall not
17become operative.

end insert
18

begin deleteSEC. 4.end delete
19begin insertSEC. 5.end insert  

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution for certain
21costs that may be incurred by a local agency or school district
22because, in that regard, this act creates a new crime or infraction,
23eliminates a crime or infraction, or changes the penalty for a crime
24or infraction, within the meaning of Section 17556 of the
25Government Code, or changes the definition of a crime within the
26meaning of Section 6 of Article XIII B of the California
27Constitution.

28However, if the Commission on State Mandates determines that
29this act contains other costs mandated by the state, reimbursement
30to local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.



O

    95