BILL ANALYSIS Ó
AB 1754
Page 1
(Without Reference to File)
ASSEMBLY THIRD READING
AB
1754 (Waldron)
As Amended May 31, 2015
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |7-0 |Jones-Sawyer, | |
| | |Melendez, Lackey, | |
| | |Lopez, Low, Quirk, | |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Aging |6-0 |Brown, Hadley, Dahle, | |
| | |Gipson, Levine, Lopez | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
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| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Creates a pilot program in San Diego County permitting
the Victims of Crime Program (CalVCP) to reimburse victims of
elder and dependent adult financial abuse for costs of financial
and mental-health counseling. Specifically, this bill:
1)Contains legislative findings and declaration about the extent
of financial abuse of the elderly and dependent adults, the
response of other legislative bodies to the problem, of the
need for a pilot program, and of why San Diego County is
well-situated for the pilot program.
2)Establishes the San Diego County Elder or Dependent Adult
Financial Abuse Crime Victim Compensation Pilot Program.
3)Limits compensation to direct victims of theft, identity
theft, embezzlement, forgery, or fraud of an elder or
dependent adult, and deems derivative victims ineligible.
4)Limits compensation to a particular victim to $3,000.
5)Permits compensation for up to 10 sessions of mental health
counseling and up to 10 session of financial counseling.
6)Limits the distribution of the total funds under the pilot
program to $1 million.
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7)States that funding authorization stops on January 1, 2019.
8)Sunsets the program on January 1, 2020.
9)Requires the California Victim Compensation and Government
Claims Board (board) to report to the Legislature and the
Governor, by July 1, 2020, the following:
a) The number of victims who received payment under the
pilot program;
b) The number of victims who received mental health
counseling;
c) The average payment for mental health counseling per
recipient;
d) The number of victims who received financial counseling;
e) The average payment for financial counseling per
recipient; and,
f) Any other data on the pilot program that the board
wishes to include.
10)States that a special law is necessary because of the unique
circumstances in the County of San Diego where a high number
of reported elder and dependent adult financial abuse crimes
occur.
EXISTING LAW:
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1)States that all persons who suffer loss as a result of
criminal activity shall have the right to restitution from the
perpetrators.
2)Establishes Victim's Compensation Program (CalVCP)
administered by the board to reimburse crime victims for the
pecuniary losses they suffer as a direct result of criminal
acts. Indemnification is made from the Restitution Fund,
which is continuously appropriated to the board for these
purposes.
3)Authorizes the board to reimburse victims of crimes causing
physical injury or emotional injury with a threat of physical
injury for pecuniary loss for specified types of losses,
including medical expenses, mental-health counseling, loss of
income or loss of support, and installing or increasing
residential security.
4)Authorizes the board to establish maximum rates and service
limitations for medical and medical-related services, and for
mental health and counseling services.
5)Defines an "elder" as "any person who is 65 years of age or
older."
6)Defines a "dependent adult" as "any person who is between the
ages of 18 and 64, who has physical or mental limitations
which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental
disabilities or whose physical or mental abilities have
diminished because of age."
7)Specifies that any person who is not a caretaker who violates
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any provision of law proscribing theft, embezzlement, forgery,
fraud, or 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 as follows:
a) By a fine not exceeding $2,500, or by imprisonment in a
county jail not exceeding one year, or by both that fine
and imprisonment, or by a fine not exceeding $10,000, or by
imprisonment in the county jail for two, three, or four
years, 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 exceeding $950.
b) 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 $950. (Penal Code Section 368(d))
8)Provides that any caretaker of an elder or a dependent adult
who violates any provision of law proscribing theft,
embezzlement, forgery, fraud, or identity theft, with respect
to the property or personal identifying information of that
elder or dependent adult, is punishable as follows:
a) By a fine not exceeding $2,500, or by imprisonment in a
county jail not exceeding one year, or by both that fine
and imprisonment, or by a fine not exceeding $10,000, or by
imprisonment in the county jail for two, three, or four
years, 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 exceeding $950; or
b) 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 $950. (Penal Code Section 368(e))
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FISCAL EFFECT: According to the Assembly Appropriations
Committee, cost pressure of up to $1 million on the Restitution
Fund, over three years, or less time if an appropriation is
delayed. Since this bill limits the compensation to up to
$3,000 per client, at least 333 eligible senior citizens could
receive services; and up to 667 if the average compensation were
$1,500.
COMMENTS: According to the author, "Assembly Bill 1754 would
establish a pilot program for victims of elder and dependent
adult financial abuse in San Diego County to be eligible for
financial assistance through the California Victims'
Compensation program. Elder and dependent adult financial abuse
can lead to large costs to victims, families, and society. In
2014-15, San Diego County's Adult Protective Services confirmed
a total of 1,148 unique cases of elder and dependent adult
financial abuse. The San Diego District Attorney estimates
approximately 600 elderly and dependent adult victims are served
annually, averaging about 50 clients per month. This bill
establishes a two-year pilot project in San Diego County to
provide mental health and financial counseling, as well as other
support services to this vulnerable population. This bill also
gives the state the opportunity to gather essential data for the
use of mental health and financial counseling by elderly and
dependent adult victims of financial abuse."
Analysis Prepared by:
Sandy Uribe/ PUB. S. / (916) 319-3744 FN:
0003163
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