BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 849
Author: Garcia (D)
Amended: 5/24/13 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 7-0, 6/25/13
AYES: Evans, Walters, Anderson, Corbett, Jackson, Leno, Monning
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/30/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 76-0, 5/29/13 - See last page for vote
SUBJECT : Protection of victims: address confidentiality
SOURCE : Consumer Federation of California
Legal Assistance to the Elderly, Inc.
DIGEST : This bill allows an application to the Secretary of
States Safe at Home program to be completed at a community-based
assistance program that serves victims of elder or dependent
adult abuse. This bill also requires 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.
ANALYSIS :
Existing law:
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1.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.
2.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.
3.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.
4.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unless certification is withdrawn or invalidated.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 establish for a
renewal procedure.
5.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.
This bill authorizes an applicant to complete his or her
application at a community-based program that serves victims of
elder or dependent adult abuse, as specified.
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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.
This bill also requires 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.
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, Chapter 774,
Statutes of 1991), which established the EADACPA. EADACPA
provides enhanced civil remedies to ensure adequate
representation of and protection for victims of elder or
dependent adult physical and financial abuse and neglect.
Additionally, with the passage of SB 489 (Alpert, Chapter 1005,
Statutes of 1998), the Legislature established the Safe at Home
Program within the Office of the Secretary of State 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.
Prior Legislation
AB 2483 (Blumenfield, Chapter 102, Statutes of 2012) removed the
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, potential
first-year costs to the Secretary of State of approximately
$75,000 (General Fund) and $65,000 annually thereafter to
facilitate recruitment activities and address the additional SAH
program caseload.
SUPPORT : (Verified 8/30/13)
Consumer Federation of California (source)
Legal Assistance to the Elderly, Inc (source)
California Alliance for Retired Americans
California District Attorneys Association
California Long Term Care Ombudsman Association
California Police Chiefs Association
California Senior Legislature
California State Sheriffs' Association
Chief Probation Officers of California
Consumer Federation of California
Legal Assistance to the Elderly, Inc.
National Association of Social Workers - California Chapter
WISE Healthy Aging
ARGUMENTS IN SUPPORT : According to the author:
Victims of elder or dependent adult abuse are not
identified in [the] Government Code?as persons who are
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eligible to participate in the State's address
confidentiality program. There are cases in which an
abused elder or dependent adult needs to keep his or her
address confidential to escape further abuse.
ASSEMBLY FLOOR : 76-0, 5/29/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,
Jones, Jones-Sawyer, Levine, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mitchell, Morrell, Mullin,
Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea,
V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Bloom, Holden, Linder, Vacancy
AL:nl 8/30/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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