BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 602
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          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  








                                                                  AB 602
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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  








                                                                  AB 602
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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 


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