AB 2623, as amended, Pan. 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 wouldbegin delete require that training to include additionalend deletebegin insert add to that list ofend insert subjectsbegin delete relating toend delete the legal rights and remedies available to victims of elder abusebegin insert
and the verification and enforcement of protective ordersend insert. The bill would require every law enforcement officer below the rank of supervisor who is assigned to patrol duties and wouldbegin delete normallyend deletebegin insert ordinarilyend insert 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 agencybegin insert and the telephone number for the local long-term care ombudsmanend insert.
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 would ordinarily respond to reports or incidents
4of elder abuse a “Victims of Elder Abuse” card that summarizes
5the training received pursuant to subdivision (a) of Section 13515
6and contains the definition of elder abuse pursuant to Section
715610.07 of the Welfare and Institutions Code. The card shall also
8list the telephone number for the local adult protective services
9agency,begin insert the telephone number for the local long-term care
10ombudsman,end insert and, where available, a telephone number for other
11services, public and private, that provide help to elders. The card
12shall also contain a statement to
inform the victim of his or her
13right, pursuant to Section 15657.03 of the Welfare and Institutions
14Code, to petition the court for an emergency protective order and
15an order directing the attacker to leave the household or a
16temporary restraining order.
Section 13515 of the Penal Code is amended to read:
(a) Every city police officer or deputy sheriff at a
19supervisory level and below who is assigned field or investigative
20duties shall complete an elder and dependent adult abuse training
21course certified by the Commission on Peace Officer Standards
22and Training within 18 months of assignment to field duties.
23Completion of the course may be satisfied by telecourse, video
P3 1training tape, or other instruction. The training shall, at a minimum,
2include all of the following subjects:
3(1) Relevant laws.
4(2) Recognition of elder and dependent adult abuse.
5(3) Reporting requirements and procedures.
6(4) Neglect of elders and dependent adults.
7(5) Fraud of elders and dependent adults.
8(6) Physical abuse of elders and dependent adults.
9(7) Psychological abuse of elders and dependent adults.
10(8) The role of the local adult protective services and public
11guardian offices.
12(9) The legal rights of, and remedies available to, victims of
13elder or dependent adult abuse pursuant to Section 15657.03 of
14the Welfare and Institutions Code, including emergency protective
15orders and the option to request a simultaneous move-out
order,
16and temporary restraining orders.
17(10) Verification and enforcement of protective orders when
18the suspect is present or has fled.
19(b) When producing new or updated training materials pursuant
20to this section, the commission shall consult with the Bureau of
21Medi-Cal Fraud and Elder Abuse and other subject matter experts.
22Any new or updated training materials shall address all of the
23following:
24(1) The jurisdiction and responsibility of law enforcement
25agencies pursuant to Section 368.5.
26(2) The fact that the protected classes of “dependent person” as
27defined in Section 288 and “dependent adult” as defined in Section
28368 include many persons with
disabilities, regardless of the fact
29that most of those persons live independently.
30(3) Other relevant information and laws.
31(c) The commission also may inform the law enforcement
32agencies of other relevant training materials.
33(d) Every law enforcement officer below the rank of supervisor
34who is assigned to patrol duties and wouldbegin delete normallyend deletebegin insert ordinarilyend insert
35 respond to elder abuse reports or incidents of domestic violence
36shall complete an updated course of instruction on elder abuse
37every two years. The course shall be developed according to the
38standards and guidelines
developed pursuant to subdivisions (a)
39and (b).
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
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