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 would add to that list of subjects the legal rights and remedies available to victims of elder abuse and the verification and enforcement of protective orders. The bill would require every law enforcement officer
begin delete below the rank of supervisor who is assigned to patrol duties andend delete would ordinarily 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 and the telephone number for the local long-term care ombudsman.
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 the training received pursuant
6to subdivision (a) of Section 13515 and contains the
begin delete elderend delete abuse pursuant
8to Section 15610.07 of the Welfare and Institutions Code. The
9card shall also list the telephone number for the local adult
10protective services agency, the telephone number for the local
11long-term care ombudsman, and, where available, a telephone
12number for other services, public and private, that provide help to
begin delete eldersend delete. The card shall also contain a
14statement to inform the victim of his or her right, pursuant to
15Section 15657.03 of the Welfare and Institutions Code, to petition
P3 1the court for an emergency protective order and an order directing
2the attacker to leave the household 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
5supervisory level and below who is assigned field or investigative
6duties shall complete an elder and dependent adult abuse training
7course certified by the Commission on Peace Officer Standards
8and Training within 18 months of assignment to field duties.
9Completion of the course may be satisfied by telecourse, video
10training tape, or other instruction. The training shall, at a minimum,
11include all of the following subjects:
12(1) Relevant laws.
13(2) Recognition of elder and dependent adult abuse.
14(3) Reporting requirements and procedures.
15(4) Neglect of elders and dependent adults.
16(5) Fraud of elders and dependent adults.
17(6) Physical abuse of elders and dependent adults.
18(7) Psychological abuse of elders and dependent adults.
19(8) The role of the local adult protective services and public
21(9) The legal rights of, and remedies available to, victims of
22elder or dependent adult abuse pursuant to Section 15657.03 of
23the Welfare and Institutions Code, including emergency protective
24orders and the option to request a simultaneous move-out order,
25and temporary restraining orders.
26(10) Verification and enforcement of protective orders when
27the suspect is present or has fled.
28(b) When producing new or updated training materials pursuant
29to this section, the commission shall consult with the Bureau of
30Medi-Cal Fraud and Elder Abuse and
32other subject matter experts. Any new or updated training materials
33shall address all of the following:
34(1) The jurisdiction and responsibility of law enforcement
35agencies pursuant to Section 368.5.
36(2) The fact that the protected classes of “dependent person” as
37defined in Section 288 and “dependent adult” as defined in Section
38368 include many persons with disabilities, regardless of the fact
39that most of those persons live independently.
40(3) Other relevant information and laws.
P4 1(c) The commission also may inform the law enforcement
2agencies of other relevant training materials.
3(d) Every law enforcement officer
begin delete below the rank of supervisor would ordinarily respond
4who is assigned to patrol duties andend delete
5to elder abuse reports or incidents of domestic
6violence shall complete an updated course of instruction on elder
7 abuse every two years. The course shall be
8developed according to the standards and guidelines developed
9pursuant to subdivisions (a) and (b).
If the Commission on State Mandates determines that
11this act contains costs mandated by the state, reimbursement to
12local agencies and school districts for those costs shall be made
13pursuant to Part 7 (commencing with Section 17500) of Division
144 of Title 2 of the Government Code.