AB 2623,
as amended, begin deleteQuirk-Silvaend delete begin insertPanend insert. Elder abuse.
Existing law requires every city police officer or deputy sheriff at a supervisory level and below who is assigned field or investigative duties to complete an elder and dependent adult abuse training course certified by the Commission on Peace Officer Standards and Training within 18 months of assignment to field duties. Existing law specifies certain subjects to be covered by the training.
This bill would require that training to include additional subjects relating to the legal rights and remedies available to victims of elder abuse. The bill would require every law enforcement officer below the rank of supervisor who is assigned to patrol duties and would normally respond to elder abuse reports or incidents of domestic violence to complete an updated course of instruction on elder abuse every 2 years. The bill would require local law enforcement agencies to provide their peace officers who respond to elder abuse complaints with a card containing specified information relating to elder abuse, including, among other things, a telephone number for the local adult protective services agency.
By imposing additional requirements on local law enforcement agencies, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 368.7 is added to the Penal Code, to read:
Local law enforcement agencies shall provide to all
3peace officers who wouldbegin delete normallyend deletebegin insert ordinarilyend insert respond to reports
4or incidents of elder abuse a “Victims of Elder Abuse” card that
5summarizes the training received pursuant to subdivision (a) of
6Section 13515 and contains the definition of elder abuse pursuant
7to Section 15610.07 of the Welfare and Institutions Code. The
8card shall also list the telephone number for the local adult
9protective services agency, and, where available, a telephone
10number for other services, public and private, that provide help to
11elders. The card shall
also contain a statement to inform the victim
12of his or her right, pursuant to Section 15657.03 of the Welfare
13and Institutions Code, to petition the court for an emergency
14protective order and an order directing the attacker to leave the
15household or a temporary restraining order.
Section 13515 of the Penal Code is amended to read:
(a) Every city police officer or deputy sheriff at a
18supervisory level and below who is assigned field or investigative
19duties shall complete an elder and dependent adult abuse training
20course certified by the Commission on Peace Officer Standards
21and Training within 18 months of assignment to field duties.
22Completion of the course may be satisfied by telecourse, video
23training tape, or other instruction. The training shall, at a minimum,
24include all of the following subjects:
25(1) Relevant laws.
26(2) Recognition of elder and dependent adult abuse.
27(3) Reporting requirements and procedures.
28(4) Neglect of elders and dependent adults.
P3 1(5) Fraud of elders and dependent adults.
2(6) Physical abuse of elders and dependent adults.
3(7) Psychological abuse of elders and dependent adults.
4(8) The role of the local adult protective services and public
5guardian offices.
6(9) The legal rights of, and remedies available to, victims of
7elder or dependent adult abuse pursuant to Section 15657.03 of
8the Welfare and Institutions Code, including emergency protective
9orders and the option to request a simultaneous move-out
order,
10and temporary restraining orders.
11(10) Verification and enforcement of protective orders when
12the suspect is present or has fled.
13(b) When producing new or updated training materials pursuant
14to this section, the commission shall consult with the Bureau of
15Medi-Cal Fraud and Elder Abuse and other subject matter experts.
16Any new or updated training materials shall address all of the
17following:
18(1) The jurisdiction and responsibility of law enforcement
19agencies pursuant to Section 368.5.
20(2) The fact that the protected classes of “dependent person” as
21defined in Section 288 and “dependent adult” as defined in Section
22368 include many persons with
disabilities, regardless of the fact
23that most of those persons live independently.
24(3) Other relevant information and laws.
25(c) The commission also may inform the law enforcement
26agencies of other relevant training materials.
27(d) Every law enforcement officer below the rank of supervisor
28who is assigned to patrol duties and would normally respond to
29elder abuse reports or incidents of domestic violence shall complete
30an updated course of instruction on elder abuse every two years.
31The course shall be developed according to the standards and
32guidelines developed pursuant to subdivisions (a) and (b).
If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.
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