BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2623
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          Date of Hearing:  April 22, 2014

                   ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
                                Mariko Yamada, Chair
                     AB 2623 (Pan) - As Amended:  April 21, 2014
           
          SUBJECT  :  Elder abuse training for peace officers.

           SUMMARY  :  Requires peace officers assigned to patrol duties,  
          that respond to elder/dependent adult abuse reports, to complete  
          an updated course of instruction on elder/dependent adult abuse  
          every two years, and requires local law enforcement agencies to  
          provide those officers a card that contains referral resources  
          for the local Adult Protective Services (APS) program, the local  
          Long-Term Care Ombudsman (LTCO) program, and specific  
          information on victims' rights and protective orders.   
          Specifically,  this bill  :  

          1)Requires local law enforcement agencies to provide a "Victims  
            of Elder Abuse" card that summarizes contact information for  
            local protective agencies including APS, the LTCO, and  
            information on a victim's right to petition the courts for an  
            emergency protective order, including a temporary restraining  
            order, and an immediate, temporary eviction.

          2)Expands the topics of an existing elder/dependent adult abuse  
            video-based training curriculum, required of all peace  
            officers assigned field or investigative duties within 18  
            months of appointment, to include information on the  
            verification and enforcement of protective orders,  
            simultaneous "move-out" orders and temporary restraining  
            orders.

          3)Requires all non-supervisory law enforcement officers assigned  
            patrol duties, and who normally respond to elder abuse reports  
            or domestic violence incidents, to complete an updated course  
            of instruction on elder/dependent adult abuse (which includes  
            information on legal rights and remedies of victims of  
            elder/dependent adult abuse) every two years.

           EXISTING LAW  :  

          1)Requires people who should reasonably know that a person is an  
            elder or dependent adult, and under circumstances or  
            conditions likely to produce injury or death, willfully causes  








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            or permits any elder or dependent adult to suffer, or inflicts  
            unjustifiable physical pain or mental suffering, to be  
            punished by imprisonment in a county jail up to one year, by a  
            fine not to exceed $6,000, or by both, or by imprisonment in  
            state prison for two, three, or four years.

          2)Requires caregivers who under circumstances or conditions  
            likely to produce great bodily harm or death, 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, be punished by  
            imprisonment in a county jail up to one year, by a fine not to  
            exceed $6,000, or by both, or by imprisonment in state prison  
            for two, three, or four years.

          3)Requires people, who should reasonably know that a person is  
            an elder or dependent adult, under circumstances or conditions  
            other than those likely to produce great bodily harm or death,  
            willfully causes or permits any elder or dependent adult to  
            suffer or inflicts unjustifiable physical pain or mental  
            suffering, 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 the fine and imprisonment.

          4)Requires caregivers who under circumstances or conditions  
            other than those likely to produce great bodily harm or death,  
            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 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 the fine and imprisonment.

          5)Provides that any person convicted of theft, embezzlement,  
            forgery, fraud, or identity theft, with respect to the  
            property or personal identifying information of an elder or a  
            dependent adult, is punishable by imprisonment in a county  
            jail for up to one year, or in the state prison for two,  
            three, or four years (when the moneys, labor, goods, services,  
            or property taken exceeds $400) and by a fine not exceeding  
            $1,000.  If the value of goods and services do not exceed  








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            $400: imprisonment in a county jail for up to one year, and a  
            fine not to exceed $1000.

          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 Peace Officers Standard  
            Training (POST) within 18 months of assignment to field duties  
            which addresses relevant laws, elder/dependent adult abuse  
            recognition, reporting requirements and procedures, neglect,  
            fraud, physical abuse, psychological abuse and community  
            resources for protective services.  

           FISCAL EFFECT  :  Unknown

          COMMENTS  :  

           Background  :  California's aged population is growing rapidly.   
          The state's "65+" population will reach 5 million people this  
          year.  By 2035, the state's population profile will consist of  
          one-in-five over age 65, a demographic shift expected to present  
          vexing problems for policy makers and governmental agencies  
          attempting prevent the abuse or exploitation of elders and other  
          adults who have similar needs, though are not elderly.  While  
          mistreatment of elders and adults with disabilities has  
          traditionally been viewed as a family problem, criminal justice  
          systems are adapting to better address elder/dependent adult  
          abuse and neglect as a criminal issue.

           Author's Statement  :  "Enhancing Law Enforcement Training on  
          Elder Abuse; AB 2623 will protect our growing elderly population  
          and provide our peace officers with the best training available.  
           AB 2623 will address some detrimental and critical issues  
          facing peace officers who respond to elder abuse calls; it will:  
           
          1)Educate peace officers about the legal rights and remedies  
            available to victims of elder abuse, including the  
            availability of emergency protective orders and elder abuse  
            restraining orders.  

          2)Provide peace officers who normally would respond to elder  
            abuse complaints with a refresher course of instruction on  
            elder abuse every two years.  Current law only provides  
            training on elder abuse at the beginning of an officer's  
            career.








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          3)Equip peace officers with a "Victims of Elder Abuse" card  
            listing the legal rights and remedies available to victims of  
            elder abuse, and contact information for organizations that  
            help elders.
           
          Discussion  :  AB 2623 proposes two specific improvements to  
          existing public policy.  First, 
          AB 2623 adds a requirement related to a "palm" card which can be  
          easily and discreetly transferred to an alleged victim, designed  
          to assist officers in the field, and others, with directing  
          alleged victims of elder or dependent adult abuse toward  
          resources that could provide protections from on-going abuse.   
          Secondly, AB 2623 enhances existing authorization for required  
          peace officer training curriculum by calling for updates to the  
          training video used for that purpose, then directs that training  
          to be completed every two years, instead of the existing mandate  
          that it be completed once, within 18 months of assignment.   
           
          The card envisioned by AB 2623 contains critical information on  
          local resources available to assist a victim with protection,  
          such as the APS office and the LTCO office.  The card also  
          informs officers and victims of potential civil remedies that  
          could be undertaken by the complainant/victim, such as a  
          protective order enjoining a party from abusing, intimidating,  
          harassing, or worse; or an order excluding a party from the  
          petitioner's residence or dwelling.  The curriculum enhancements  
          to peace officer's training includes information about civil  
          remedies available to at-risk or abused elders and dependent  
          adults, such as the protective orders mentioned above.  

           Supporters Argue  :  Supporters argue that AB 2623 would enable  
          peace officers working in the field to better respond to  
          suspected cases of elder abuse with expanded skills and more  
          timely and relevant training which would include curriculum on  
          legal rights and remedies available to victims.  By informing  
          victims of their rights to seek protective orders, consumers  
          will learn quickly what resources the courts can offer to secure  
          protection from abusive individuals.  

          Recommended Amendments  :  Vulnerable adults receive the same  
          protections as elders in the eyes of the courts, so statutes  
          should reflect the court's awareness.  A concise explanation of  
          the rationale was presented by the Assembly Committee on Public  
          Safety in a recent analysis, reflecting a directive from People  








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          vs. Heitzman (1994) 9 Cal.4th 189, 194]:

               "In 1983, the Legislature passed the state's first law  
               focusing exclusively on those 65 years of age or  
               older, requiring elder care custodians and other  
               specified professionals to report instances of elder  
               abuse.  (Welf. & Inst. Code, § 9380- 9386, added by  
               Stats. 1983, ch. 1273, § 2 and repealed by Stats.  
               1986, ch. 769, § 1.3, eff. Sept. 15, 1986.)  That same  
               year, Senate Bill No. 248, 1983-1984 Regular Session,  
               was introduced at the request of the Santa Ana Police  
               Department.  An analysis of the bill prepared for the  
               Senate Committee on the Judiciary indicates that the  
               goal of the legislation was to aid in the prosecution  
               of people who harm or neglect dependent adults.  (Sen.  
               Com. on Judiciary, Analysis of Sen. Bill No. 248  
               (1983-1984 Reg. Sess.) p. 2.)  According to this  
               document, law enforcement agencies receiving reports  
               concerning suspected abuse or neglect of dependent  
               adults were having difficulty finding Penal Code  
               sections under which they could prosecute such cases.   
               (Ibid.)  The solution proposed by the bill was to  
               establish the same criminal penalties for the abuse of  
               a dependent adult as those found in sections 273a and  
               273d for child abuse.  (Sen. Com. on Judiciary,  
               Analysis of Sen. Bill No. 248.)  When drafting the new  
               legislation, the bill's author lifted the language of  
               the child abuse statutes in its entirety, replacing  
               the word 'child' with 'dependent adult' throughout  
               (internal citation omitted).

               "After the statute was enacted late in 1983, several  
               non-substantive changes were made.  (Stats. 1984, ch.  
               144, § 160, p. 482.)  Later, in conjunction with  
               legislation designed to consolidate the two sets of  
               conflicting reporting laws for elder abuse and  
               dependent adult abuse, a 1986 amendment to section  
               368(a) made the section expressly applicable to elders  
               as well as dependent adults.  (Stats. 1986, ch. 769, §  
               1.2, p. 2531, urgency measure eff. Sept. 15, 1986.)   
               [Heitzman at 245.]"
           
          Amendment #1 :  

           Page 2, line 4: strike "Victims of Elder Abuse" and replace with  








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          "Victims of Elder/Dependent Adult Abuse"
           
          Amendment #2  :  
           
          Page 2, line 5: after "(a)" insert "and (d)"

           Amendment #3  :  
           
          Page 2, line 6: strike "elder abuse" and replace with "elder or  
          dependent adult abuse"
           
          Amendment #4  :   

          Page 2, line 9: after "agency," insert: "the local long-term  
          care ombudsman program,"

           Amendment #5  :

          Page 2, line 11: after "elders" insert: "and other, younger,  
          dependent adults"

           Amendment #6  : 

          Page 3, line 15: after the word "Abuse" insert ", the Office of  
          the State Long-Term Care Ombudsman, the Adult Protective  
          Services program" 
           
          Related or Previous Legislation  :  
           
          SB 1233 - Wyland: Theft: elder and dependent adults; increases  
          monetary penalties from $2,500 to $25,000 for theft,  
          embezzlement, forgery, fraud, or identity theft when the victim  
          is an elder or dependent adult.

          SB 110 - Liu (Chapter 617, Statutes of 2010) - Expanded the  
          scope of provisions related to elders who are victims of crimes,  
          abuse, or neglect to include non-elder dependent adults,  
          including provisions related to law enforcement training and  
          county interagency death review teams.  

          AB 332 - Butler (Chapter 366, Statutes of 2011) - Elder and  
          dependent adult financial abuse: increased fines from $1,000 to  
          $2,500.

          AB 1819 - Shelley (Chapter 559, Statutes of 2000) - Expanded the  








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          definition of mental suffering of an elder or dependent adult to  
          include, among other things, deceptive acts or false or  
          misleading statements made with malicious intent to agitate,  
          confuse, frighten, or cause severe depression or serious  
          emotional distress.

          AB 870 - Hertzberg (Chapter 444, Statutes of 1997) - Requires  
          every city police officer or deputy sheriff at a supervisory  
          level and below to complete an elder abuse training course  
          certified by Peace Officers Standards Training (POST). 

           REGISTERED SUPPORT / OPPOSITION  :  

           Support 
           
          American Federation of State, County and municipal Employees  
          (AFSCME), AFL-CIO
          California Association of Public Authorities (CAPA)
          California Long-Term Care Ombudsman Association (CLTCOA)
          California Police Chiefs Association
          Retired Public Employees Association (RPEA)

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Robert MacLaughlin / AGING & L.T.C. /  
          (916) 319-3990