BILL ANALYSIS Ó
AB 2721
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2721 (Rodriguez) - As Introduced February 19, 2016
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|Policy |Public Safety |Vote:|7 - 0 |
|Committee: | | | |
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| |Aging and Long Term Care | |6 - 0 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill 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 DOJ website.
FISCAL EFFECT:
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Minor one-time cost of $32,000 to develop the informational
notice, and ongoing absorbable costs to update the notice
annually.
COMMENTS:
1)Background. Current law 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
retain exclusive responsibility for criminal investigations.
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.
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."
2)Purpose. According to the author, "Each year, thousands of
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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. ?"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."
3)Prior Legislation:
a) 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.
b) 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
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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.
c) 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.
d) SB 196 (Hancock), Chapter 285, Statutes of 2015
authorized a county adult protective services agency to
file a petition for a protective order on behalf of an
elder or dependent adult, as specified.
Analysis Prepared by:Pedro Reyes / APPR. / (916)
319-2081
AB 2721
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