BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 19, 2016


                   ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE


                                 Cheryl Brown, Chair


          AB 2721  
          (Rodriguez) - As Introduced February 19, 2016


          SUBJECT:  Elder and dependent adult fraud:  informational  
          notice.


          SUMMARY:  Requires the Department of Justice (DOJ) to develop  
          and distribute an informational notice that warns the public  
          about elder and dependent adult fraud and provides information  
          regarding how and where to file complaints.  The bill also  
          requires the notice to be made available on the Internet Web  
          site of the Attorney General.
          Specifically, this bill:  



          1)Requires the California Department of Justice develop and  
            distribute an informational notice that warns the public about  
            elder and dependent adult fraud.



          2)Requires the DOJ information notice to direct elder and  
            dependents to information and resources necessary to determine  
            whether they might be victims of fraud.


          3)Requires the notice to provide information regarding how and  








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            where to file complaints and that the notice be made available  
            on the Internet Web site of the Attorney General.


          EXISTING LAW:  


          1)Defines "elder" as "any person who is 65 years of age or  
            older."



          2)States that California has the responsibility to protect  
            elders and dependent adults who may be subjected to abuse,  
            fraud, neglect, or abandonment.





          3)Directs those with reasonable cause such as public or private  
            agencies or mandated reporters to know if the welfare of an  
            elder or dependent adult is endangered, to report their  
            concerns.





          4)Directs agencies such Adult Protective Services agencies,  
            Long-Term Care Ombudsman (LTCO) programs, and local law  
            enforcement agencies to receive referrals or complaints of  
            abuse from those with reasonable cause to know that the  
            welfare of an elder or dependent adult is endangered.













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          5)Provides guidelines to specify when county adult protective  
            service agencies are to investigate allegations of abuse of  
            elders and dependent adults.





          6)Provides guidelines regarding the appropriate role of local  
            law enforcement in order to ensure that a minimum level of  
            protection is provided to elders and dependent adults in each  
            county.





          7)Directs law enforcement, the LTCO, and Adult Protective  
            Services (APS) to take actions considered necessary to protect  
            the elder or dependent adult and ensure the individual's  
            safety.


          8)Provides that adult protective services agencies and local  
            long-term care ombudsman programs also have jurisdiction  
            within their statutory authority to investigate elder and  
            dependent adult abuse and criminal neglect, and may assist  
            local law enforcement agencies in criminal investigations at  
            the law enforcement agencies' request, provided, however, that  
            law enforcement agencies shall retain exclusive responsibility  
            for criminal investigations.


          FISCAL EFFECT:  Unknown


          COMMENTS:  The United States Census Bureau projected in 2000  
          that California's elderly population will have doubled by 2025  
          to 6.4 million - a larger growth rate than any other state.








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          As of 2010, there were 4.2 million people aged 65 years or older  
          in California.  The California Department of Finance projects  
          that the number of California residents aged 65 and older -  
          those who are most likely to need nursing homes or other long  
          term care services and supports - will nearly double between  
          2010 and 2030.  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.  The  
          California Commission on Aging states that "studies show that  
          elderly and dependent adult victims of financial abuse have a  
          decreased lifespan, suffer emotional trauma, and often face  
          impoverishment."


          Author's statement:  According to the author, "Each year,  
          thousands of California senior citizens find that they have  
          become victims of various types of fraud.  In some of these  
          cases the crime is reported, but most are not because many  
          seniors are simply too humiliated to report the fraud or may not  
          know where to turn to for help.  

          "The common thread that runs through almost all telemarketing  
          and other scams is the demand for payment upfront.  While  
          California cannot constantly be there to keep our citizens safe,  
          we can create an informational brochure to be distributed to  
          retail outlets and banks that access money or sell financial  
          instruments.  

          "AB 2721 will place vital information in locations where seniors  
          typically access their funds when they are being scammed.  The  
          brochure will serve as a resource for seniors before they lose  
          scarce retirement dollars and a source of information to let  
          them know where to report fraud and scams."  

          PREVIOUS LEGISLATION


          








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          AB 518 (Wagner) of 2011, would have removed the repeal date of  
          section 15630.1 of the Welfare and Institutions Code.  By doing  
          so, AB 518 would extend the requirement that officers and  
          employees of financial institutions act as mandated reporters of  
          known or suspected financial elder abuse indefinitely, a mandate  
          which currently sunsets on January 1, 2013 . By making section  
          15630.1 of the Welfare and Institutions Code permanent, it would  
          continue the protection of elders and dependent adults from  
          financial abuse.  Failed in Senate Banking and Financial  
          Institutions Committee.





          AB 140 (Dickinson), Chapter 668, Statues of 2013 established in  
          the Elder Abuse and Dependent Adult Civil Protection Act a new  
          definition of undue influence that focuses on excessive  
          persuasion causing another person to act or refrain from action,  
          by overcoming that person's free will, resulting in inequity.   
          This bill also provided a list of considerations for a court to  
          utilize in determining whether an action constituted excessive  
          persuasion.





          AB 1623 (Atkins), Chapter 85, Statutes of 2014 authorized a  
          local government or nonprofit organization to establish a Family  
          Justice Center to assist crime victims.





          SB 196 (Hancock), Chapter 285, Statutes of 2015 authorized a  








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          county adult protective services agency to file a petition for a  
          protective order on behalf of an elder or dependent adult, as  
          specified.  



          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of Public Authorities




          Opposition


          None on file.




          Analysis Prepared by:Gail Gronert / AGING & L.T.C. / (916)  
          319-3990


















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