Amended in Assembly May 23, 2014

Amended in Assembly April 28, 2014

Amended in Assembly April 21, 2014

Amended in Assembly March 27, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2623


Introduced by Assembly Member Pan

(Coauthor: Assembly Member Lowenthal)

February 21, 2014


An act to amend Section 13515 ofbegin delete, and to add Section 368.7 to,end delete the Penal Code, relating to peace officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 2623, as amended, Pan. begin deleteElder and dependent adult abuse training. end deletebegin insertPeace officer standards and training.end insert

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. Existing law also requires the commission to consult with the Bureau of Medi-Cal Fraud and Elder Abuse and other subject matter experts when producing new or updated training materials.

This bill would add to that list of subjects the legal rights begin insertof, end insertand remedies availablebegin delete toend deletebegin insert to,end insert victims of elder or dependent adultbegin delete abuse and the verification and enforcement of protective orders.end deletebegin insert abuse, as specified. By imposing additional training costs on local law enforcement agencies, the bill would impose a state-mandated local program.end insert The bill would also require the commission to additionally consult with local adult protective services offices and with the Office of the State Long-Term Care Ombudsman when producing new or updated training materials.begin delete The bill would require every law enforcement officer who would ordinarily respond to elder or dependent adult 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 and dependent adult abuse complaints with a card containing specified information relating to elder and dependent adult 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.end delete

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By imposing additional requirements on local law enforcement agencies, this bill would impose a state-mandated local program.

end delete

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:

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P2    1

SECTION 1.  

Section 368.7 is added to the Penal Code, to read:

2

368.7.  

Local law enforcement agencies shall provide to all
3peace officers who would ordinarily respond to reports or incidents
4of elder or dependent adult abuse a “Victims of Elder or Dependent
5Adult Abuse” card that summarizes the training received pursuant
6to subdivision (a) and (d) of Section 13515 and contains the
7definition of abuse of an elder or dependent adult pursuant to
8Section 15610.07 of the Welfare and Institutions Code. The card
9shall also list the telephone number for the local adult protective
10services agency, the telephone number for the local long-term care
11ombudsman, and, where available, a telephone number for other
P3    1services, public and private, that provide help to elder and
2dependent adults. The card shall also contain a statement to inform
3the victim of his or her right, pursuant to Section 15657.03 of the
4Welfare and Institutions Code, to petition the court for an
5emergency protective order and an order directing the attacker to
6leave the household or a temporary restraining order.

end delete
7

begin deleteSEC. 2.end delete
8begin insertSECTION 1.end insert  

Section 13515 of the Penal Code is amended to
9read:

10

13515.  

(a) Every city police officer or deputy sheriff at a
11supervisory level and below who is assigned field or investigative
12duties shall complete an elder and dependent adult abuse training
13course certified by the Commission on Peace Officer Standards
14and Training within 18 months of assignment to field duties.
15Completion of the course may be satisfied by telecourse, video
16training tape, or other instruction. The training shall, at a minimum,
17include all of the following subjects:

18(1) Relevant laws.

19(2) Recognition of elder and dependent adult abuse.

20(3) Reporting requirements and procedures.

21(4) Neglect of elders and dependent adults.

22(5) Fraud of elders and dependent adults.

23(6) Physical abuse of elders and dependent adults.

24(7) Psychological abuse of elders and dependent adults.

25(8) The role of the local adult protective services and public
26guardian offices.

27(9) The legal rights of, and remedies available to, victims of
28elder or dependent adult abuse pursuant to Section 15657.03 of
29the Welfare and Institutions Code, including emergency protective
30orders and the option to request a simultaneous move-out order,
31and temporary restraining orders.

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32(10) Verification and enforcement of protective orders when
33the suspect is present or has fled.

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34(b) When producing new or updated training materials pursuant
35to this section, the commission shall consult with the Bureau of
36Medi-Cal Fraud and Elder Abuse, local adult protective services
37offices, the Office of the State Long-Term Care Ombudsman, and
38other subject matter experts. Any new or updated training materials
39shall address all of the following:

P4    1(1) The jurisdiction and responsibility of law enforcement
2agencies pursuant to Section 368.5.

3(2) The fact that the protected classes of “dependent person” as
4defined in Section 288 and “dependent adult” as defined in Section
5368 include many persons with disabilities, regardless of the fact
6that most of those persons live independently.

7(3) Other relevant information and laws.

8(c) The commission also may inform the law enforcement
9agencies of other relevant training materials.

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10(d) Every law enforcement officer who would ordinarily respond
11to elder and dependent adult abuse reports or incidents of domestic
12violence shall complete an updated course of instruction on elder
13and dependent adult abuse every two years. The course shall be
14developed according to the standards and guidelines developed
15pursuant to subdivisions (a) and (b).

end delete
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end delete
16

begin deleteSEC. 3.end delete
17begin insertSEC. 2.end insert  

If the Commission on State Mandates determines that
18this act contains costs mandated by the state, reimbursement to
19local agencies and school districts for those costs shall be made
20pursuant to Part 7 (commencing with Section 17500) of Division
214 of Title 2 of the Government Code.



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