BILL ANALYSIS �
AB 602
Page 1
ASSEMBLY THIRD READING
AB 602 (Yamada)
As Amended May 24, 2013
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Gatto, Harkey, Bigelow, |
| |Jones-Sawyer, Mitchell, | |Bocanegra, Bradford, Ian |
| |Quirk, Skinner, Waldron | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Permits the Commission on Peace Officer Standards and
Training (POST) training for peace officers related to
interaction with the mentally disabled or developmentally
disabled. Imposes additional requirements on mandated reporters
in state mental hospitals and state developmental centers.
Specifically, this bill :
1)Permits POST 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.
2)Provides that 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.
3)Requires that POST submit a report to the Legislature, by
October 1, 2017, that contains specified information regarding
this training. By creating new duties for local officials,
this bill would impose a state-mandated local program.
4)Requires that mandated reporters of elder or dependent adult
abuse report incidents of specified alleged abuse or neglect
in state mental hospitals or state developmental centers to
both local law enforcement and designated investigators of the
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State Department of State Hospitals or the State Department of
Developmental Services, within two hours of the mandated
reporter observing, obtaining knowledge of, or suspecting
abuse. The specific incidents requiring reporting are:
a) Death.
b) Sexual assault.
c) Assault with a deadly weapon.
d) Assault with force likely to produce great bodily
injury.
e) An injury to the genitals when the cause of the injury
is undetermined.
f) A broken bone when the cause of the injury is
undetermined.
g) Other reports of suspected or alleged abuse or neglect.
5)Requires 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.
EXISTING LAW :
1)Defines a "mandated reporter" as any person who has assumed
the care or custody of an elder or dependent adult, including
administrators, supervisors, or licensed staff of a public or
private facility that provides care to elder or dependent
adults, elder or dependent adult care custodian, health
practitioner, clergy member, employee of county adult
protective services, or a local law enforcement agency.
2)Requires any mandated reporter under the Elder Abuse and Adult
Civil Protection Act who, within the scope of his or her
employment, observes, has knowledge of physical abuse,
financial abuse or neglect, or is told by an elder or
dependent adult that he or she has experienced abuse, or
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reasonably suspects abuse, to immediately report the known or
suspected abuse, as specified.
3)Provides that if the abuse has occurred in long-term care
facility, except a state mental hospital or developmental
center, the report shall be made to the local ombudsperson or
the local law enforcement agency.
4)Provides that failure to report elder abuse under the mandated
reporting requirement is a misdemeanor, punishable by
imprisonment in the county jail not to exceed six months; by a
fine of not more than $1,000; or by both. Failure to report
abuse that results in a death or great bodily injury shall be
punished by imprisonment in the county jail not to exceed one
year; by a fine not to exceed $5,000; or by both.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, special fund costs in the range of $75,000 to POST to
create and offer a specific and mandatory course for law
enforcement interaction with persons living in a state hospital
or developmental center.
COMMENTS : Please see the policy committee analysis for a full
discussion of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000880