BILL ANALYSIS Ó
AB 2623
Page 1
Date of Hearing: April 8, 2014
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2623 (Pan) - As Amended: March 27, 2014
As Proposed to be Amended in Committee
SUMMARY : Requires peace officers that respond to elder abuse
reports or domestic violence incidents to complete an updated
course of instruction on elder abuse every two years, and
requires a local law enforcement agency to provide all peace
officers that respond to elder abuse reports a card that
contains specific information, including, a telephone number for
the local adult protective services agency. Specifically, this
bill :
1)Provides that local law enforcement agencies shall provide to
all peace officers who would ordinarily respond to reports or
incidents of elder abuse a "Victims of Elder Abuse" card that
summarizes peace officer training related to elder abuse, and
the definition of elder abuse, as specified.
2)Requires the "Victims of Elder Abuse" card to, also, contain
the telephone number of the local adult protective services,
the telephone number of the local long-term ombudsman, and,
where available, a telephone number for other services, public
and private, that provide help to elders, and a statement to
inform the victim of his or her right to petition the court
for an emergency protective order, and an order directing the
attacker to leave the household or a temporary restraining
order.
3)States that 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 every
two years, as specified.
4)Expands the Commission on Peace Officer Standards and Training
(POST) certified training course on elder and dependent abuse,
to include, the legal rights and remedies available to,
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victims of elder or dependent adults, including, emergency
protective orders and the option to request a simultaneous
move-out order, and temporary restraining order, as well as,
verification and enforcement of protective orders when the
suspect is present or has fled.
EXISTING LAW :
1)States any person who knows, or reasonably should know, that a
person is an elder or dependent adult and who, under
circumstances or conditions likely to produce great bodily
harm or death, willfully causes or permits any elder or
dependent adult to suffer, or inflicts thereon unjustifiable
physical pain or mental suffering, or having the care or
custody of any elder or dependent adult, willfully causes or
permits the person or health of the elder or dependent adult
to be injured, or willfully causes or permits the elder or
dependent adult to be placed in a situation in which his or
her person or health is endangered, is punishable by
imprisonment in a county jail not exceeding one year; by a
fine not to exceed $6,000; by both that fine and imprisonment;
or by imprisonment in the state prison for two, three, or four
years. (Pen. Code, § 368, subd. (b)(1).)
2)Provides, if in the commission of an offense described in
existing law, the victim suffers great bodily injury, the
defendant shall receive an additional term in the state prison
as follows:
a) Three years if the victim is under 70 years of age;
b) Five years if the victim is 70 years of age or older;
and,
c) If in the commission of an offense described, the
defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state
prison as follows: five years if the victim is under 70
years of age or seven years if the victim is 70 years of
age or older. (Pen. Code, § 368, subd. (a)(1)-(3).)
3)States any person who knows, or reasonably should know, that a
person is an elder or dependent adult and who, under
circumstances or conditions other than those likely to produce
great bodily harm or death, willfully causes or permits any
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elder or dependent adult to suffer, or inflicts thereon
unjustifiable physical pain or mental suffering, or having the
care or custody of any elder or dependent adult, willfully
causes or permits the person or health of the elder or
dependent adult to be injured or willfully causes or permits
the elder or dependent adult to be placed in a situation in
which his or her person or health may be endangered, is guilty
of a misdemeanor. A second or subsequent violation of this
subdivision is punishable by a fine not to exceed $2,000; by
imprisonment in a county jail not to exceed one year; or by
both that fine and imprisonment. (Pen. Code, § 368, subd.
(c).)
4)Provides that any person who is not a caretaker and who
violates any provision of law proscribing theft, embezzlement,
forgery, or fraud, or who violates existing law proscribing
identity theft, with respect to the property or personal
identifying information of an elder or a dependent adult, and
who knows, or reasonably should know, that the victim is an
elder or a dependent adult, is punishable by imprisonment in a
county jail not exceeding one year or in the state prison for
two, three, or four years when the moneys, labor, goods,
services, or real or personal property taken or obtained is of
a value exceeding $400; and by a fine not exceeding $1,000; by
imprisonment in a county jail not exceeding one year; or by
both that fine and imprisonment when the moneys, labor, goods,
services, or real or personal property taken or obtained is of
a value not exceeding $400. (Pen. Code, § 368, subd. (d).)
5)Defines "disability" as a developmental disability, as defined
in federal law, a mental illness, as defined in federal law, a
disability within the meaning of the Americans with
Disabilities Act of 1990, as specified, or a disability within
the meaning of the California Fair Employment and Housing Act.
(Welf. and Inst. Code, § 4900, subd. (d).)
6)Provides that every city police officer or deputy sheriff at a
supervisory level and below who is assigned field or
investigative duties shall complete an elder and dependent
abuse training course certified by POST within 18 months of
assignment to field duties. Completion of the course may be
satisfied by telecourse, video training tape, or other
instruction. The training shall, at a minimum, include all of
the following subjects:
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a) Relevant laws;
b) Recognition of elder and dependent adult abuse;
c) Reporting requirements and procedures;
d) Neglect of elder and dependent adults;
e) Fraud of elder and dependent adults;
f) Physical abuse of elder and dependent adults;
g) Psychological abuse of elder and dependent adults; and
h) The role of the local adult protective services public
guardian offices. (Pen. Code, § 13515, subd. (a).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "As of 2010,
there were 4.2 million people aged 65 years or older in CA.
Based on monthly reports sent by local Adult Protection
Services offices, the Attorney General estimates that 200,000
elders or dependent adults are abused each year. By the year
2021, the elder population in California will reach 7.7
million people, as the last parts of the Baby Boomer
generation reach 65. Given the projected rise in the elder
population, the so-called "Silver Tsunami," there will likely
be a proportional rise in the number of elder abuse cases.
This bill is a way to prepare for this rise before the
demographic projections and associated rise in abuses become a
reality.
"This bill will add to the elder abuse training officers
receive in the Academy. These additions include training in
the use of civil remedies such as Elder Emergency Protective
Orders and the use of local resources for elder abuse. These
modules will be added in order to increase officer awareness
of alternative measures to arrest that are available to
victims of elder abuse. In addition, the bill calls for a
refresher course on elder abuse occurring every two years.
This course would be similar to the mandatory domestic
violence refresher courses that already exist."
AB 2623
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REGISTERED SUPPORT / OPPOSITION :
Support
Retired Public Employees Association
California Association of Public Authorities
California Long-Term Care Ombudsman Association
Disability Rights California
Opposition
None
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744