BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2013-2014 Regular Session
AB 849 (Garcia)
As Amended May 24, 2013
Hearing Date: June 25, 2013
Fiscal: Yes
Urgency: No
NR
SUBJECT
Protection of victims: address confidentiality
DESCRIPTION
This bill would allow an application to the Secretary of State's
Safe at Home program to be completed at a community-based
assistance program that serves victims of elder or dependent
adult abuse. This bill would also require the Secretary of
State to conduct outreach activities to identify and recruit
agencies to assist victims, as specified, in applying to the
Safe at Home program.
BACKGROUND
The California Legislature, in recognition of the need of
special protection for California's vulnerable elder and
dependent adult population, has enacted significant criminal and
civil protections for elders and dependent adults. In 1983, the
Legislature determined that crimes against dependent adults
deserved special consideration and established enhanced criminal
penalties against individuals who perpetrate crimes, including
great bodily harm, infliction of pain, endangerment, and false
imprisonment, against dependent adults. In 1986, the
Legislature extended these protections to elders.
In 1992, the Legislature enacted SB 679 (Mello, Ch. 774, Stats.
1991), which established the Elder Abuse and Dependent Adult
Civil Protection Act (EADACPA). EADACPA provides enhanced civil
remedies to ensure adequate representation of and protection for
victims of elder or dependent adult physical and financial abuse
(more)
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and neglect.
Additionally, with the passage of SB 489 (Alpert, Ch. 1005,
Stats. 1998), the Legislature established the Safe at Home
Program within the Office of the Secretary of State (SOS) to
allow victims of domestic violence to apply for a substitute
address to be used in public records in order to prevent their
assailants, or potential assailants, from finding their work or
home address. Through subsequent legislation, the program has
been expanded to include victims of sexual assault, stalking,
and reproductive health care service providers, employees,
volunteers, and patients. (See SB 1318 (Alpert, Ch. 562, Stats.
2000), AB 205 (Leach, Ch. 33, Stats. of 2000), and AB 797
(Shelley, Ch. 380, Stats. 2002).)
Similarly, this bill seeks to ensure that eligible victims of
elder or dependent adult abuse are able to apply for the
protections of the Safe at Home Program.
CHANGES TO EXISTING LAW
1.Existing law , the Elder Abuse and Dependent Adult Civil
Protection Act (EADACPA), generally provides civil protections
and remedies for victims of elder and dependent adult abuse
and neglect. (Welf. & Inst. Code Sec. 15600 et seq.)
Existing law defines "abuse of an elder or dependent adult" as
either: physical abuse, neglect, financial abuse, abandonment,
isolation, abduction, or other treatment with resulting
physical harm or pain or mental suffering; or the deprivation
by a care custodian of goods or services that are necessary to
avoid physical harm or mental suffering. (Welf. and Inst.
Code Sec. 15610.07.)
Existing law establishes an address confidentiality (or Safe
at Home) program within the Office of the Secretary of State
in order to enable state and local agencies to both accept and
respond to requests for public records without disclosing the
changed name or address of a victim of domestic violence,
sexual assault, or stalking. Existing law permits any such
adult victim, or parent or guardian acting on behalf of a
minor or incapacitated person, to apply through a
community-based victims' assistance program to have an address
designated by the Secretary of State as his or her substitute
mailing address. (Gov. Code Sec. 6205 et seq.)
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Existing law provides that upon proper application and
certification, applicants will be certified in the program for
four years, unless certification is withdrawn or invalidated.
Existing law also provides that the Secretary of State shall
establish for a renewal procedure. (Gov. Code Secs. 6205,
6206(c), 6215(e).)
Existing law requires that an applicant to the address
confidentiality program based on domestic violence, sexual
assault or stalking complete an application in person at a
community-based victims' assistance program. Applicants are
required to meet with a victims' assistance counselor and
receive orientation information about the program. Existing
law additionally requires the application to include a sworn
statement that the applicant has good reason to believe that
he or she is a victim of domestic violence, sexual assault, or
stalking, and fears for his or her safety. (Gov. Code Sec.
6206(a).)
This bill would additionally authorize an applicant to
complete his or her application at a community-based program
that serves victims of elder or dependent adult abuse, as
specified.
2.Existing law requires the Secretary of State to designate
state, local, and nonprofit agencies that provide counseling
and shelter to victims of domestic violence, sexual assault,
and stalking to assist victims in applying to the Safe at Home
Program. (Gov. Code Sec. 6206.)
This bill would also require the Secretary of State to conduct
outreach activities to identify and recruit agencies who
assist victims of domestic violence, sexual assault, or
stalking in applying to the Safe at Home program.
COMMENT
1.Stated need for the bill
According to the author:
Victims of elder or dependent adult abuse are not identified
in [the] Government Code?as persons who are eligible to
participate in the State's address confidentiality program.
There are cases in which an abused elder or dependent adult
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needs to keep his or her address confidential to escape
further abuse.
2.Furthers the purpose of the Elder Abuse and Dependent Adult
Civil Protection Act (EADACPA)
As introduced, this bill would have amended the Government Code
to expressly authorize victims of elder and dependent adult
abuse to apply to the Safe at Home program. While most types of
elder and dependent adult abuse would qualify a victim to apply
to the program, financial abuse, which falls under the
definition of elder and adult dependent abuse, would not.
Consequently, the Secretary of State (SOS) asserted that the
anti-stalking<1> provisions in existing law are broad enough to
encompass an elder or dependent adult who has been harassed by
an abuser to such an extent that he or she must relocate. The
bill was then amended to clarify that the elderly and dependent
adults are eligible to participate in the program through
enrollment in an existing community-based victims' services
organization, and by authorizing agencies that serve elders and
dependent adults to assist them in enrolling in the Safe at Home
program, and requiring the SOS to identify and recruit such
agencies where necessary.
a. Consistent with existing law
Staff notes that this bill, which clarifies that agencies
which serve victims of elder and dependent adult abuse may
enroll victims in the Safe at Home program, is consistent with
existing law which authorizes adults who have experienced
domestic violence, sexual assault, or stalking to enroll in
the Safe at Home program. In addition, existing law assumes
that elders and dependent adults are currently participating
in the program. For example, AB 454 (Silva, Ch. 101, Stats.
2012) required notice regarding a request to cancel or modify
a protective order be given by service on the Secretary of
State when a protected party is registered with the Safe at
Home Program. That bill expressly included victims of elder
or dependent adult abuse, and thus presumed that an elder or
dependent adult victim could fall under the umbrella of
--------------------------
<1> See e.g., Pen. Code Sec. 646.9 which defines stalking as any
person who willfully, and maliciously harasses another person
and who makes a credible threat with the intent to place that
person in reasonable fear for his or her safety, or the safety
of his or her family.
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eligible applicants to the Safe at Home program.
b. Available resources for enrolling elders and dependent
adults in the Safe at Home Program
This bill would authorize agencies that serve victims of elder
or dependent adult abuse to assist victims of domestic
violence, sexual assault, or stalking in the Safe at Home
program, and would require the Secretary of State to conduct
outreach activities to recruit agencies.
To enroll in the Safe at Home program, a participant must
enroll via an enrolling agency, either a registered as a
501(c)3 California non-profit agency with a focus on victim
services, or a county victim/witness assistance program. These
counselors provide one-on-one assistance to victims and may
help redirect individuals who would be better served by a
different program or service. Arguably, as amended, this bill
clarifies that counselors at these enrolling agencies are
authorized to assist elders and dependent adults who are
victims of domestic violence, sexual assault, or stalking in
enrolling in the Safe at Home program, as well as any other
adult victim.
Furthermore, every county in California has an Adult
Protective Services (APS) office where county staff evaluates
elder and dependent adult abuse cases and arranges for
services such as advocacy, counseling, money management,
out-of-home placement, or conservatorship. (See
[as of
June 18, 2013].) These offices should be able to direct elders
and adult dependents to counselors who are authorized to aid
them, if eligible, in enrolling for the Safe at Home program.
Additionally, many APS offices may wish to be trained to
enroll elders and dependent adults in the Safe at Home program
under the outreach provisions of this bill.
Support : California Police Chiefs Association; California State
Sheriffs' Association; Chief Probation Officers of California;
California District Attorneys Association; WISE Healthy Aging;
National Association of Social Workers -- California Chapter
Opposition : None Known
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HISTORY
Source : Consumer Federation of California; Legal Assistance to
the Elderly, Inc.
Related Pending Legislation : None Known
Prior Legislation :
AB 2483 (Blumenfield, Chapter 102, Statutes of 2012) removed the
requirement that victims alleging stalking as the basis of their
eligibility for the address confidentiality program provide
specific evidence attached to the application.
SB 1082 (Corbett, Chapter 270, Statutes of 2012) made a number
of changes to the Safe at Home Program, including requiring
applicants and participants of the program to be domiciled in
California, and authorizing a minor participant to renew his or
her participation upon reaching 18 years of age.
AB 906 (Galgiani, 2012) would have authorized witnesses who have
testified in murder trials to participate in the Safe at Home
program. This bill died on the Senate Appropriations Suspense
File.
AB 454 (Silva, Chapter 101, Statutes of 2011) See Comment 2.
SB 1062 (Bowen, Chapter 639, Statutes of 2006) added victims of
sexual assault to the list of eligible Safe at Home program
participants.
AB 792 (Shelley, Chapter 380, Statutes of 2002) See Background.
SB 1318 (Alpert, Chapter 562, Statutes of 2000) See Background.
AB 205 (Leach, Chapter 33, Statutes of 2000) See Background.
SB 489 (Alpert, Chapter 1005, Statutes of 1998) See Background.
Prior Vote :
Assembly Floor (Ayes 76, Noes 0)
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Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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