BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                        SB 352|
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                                    THIRD READING


          Bill No:  SB 352
          Author:   Block (D)
          Introduced:2/24/15  
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 4/28/15
           AYES:  Hancock, Anderson, Leno, Liu, McGuire, Monning, Stone

          SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           SUBJECT:   Elder abuse


          SOURCE:   San Diego District Attorneys Office

          
          DIGEST:  This bill requires a sentencing court to consider  
          issuing a protective order upon a conviction of elder abuse.

          ANALYSIS:   


          Existing law:


          1)Defines "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.  (Penal Code  368(h).)









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          2)Defines "elder" as any person who is 65 years of age or older.  
             (Penal Code  368(g).)

          3)Provides that any person who knows or reasonably should know  
            that a person is an elder or dependent adult and who, under  
            circumstance 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 cause or permits the elder or adult to be placed  
            in a situation in which his or her person or health is  
            endangered, is punishable by imprisonment in the county jail  
            or two three or four years in state prison or a fine not to  
            exceed $6,000 or both fine and imprisonment. (Penal Code  368  
            (b))

          4)Provides that 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  
            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 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 is punishable by a fine not to exceed  
            $1,000 or imprisonment in county jail not to exceed one year,  
            or by both that fine and imprisonment. (Penal Code  368 (c))

          5)Establishes fines and other punishment for theft,  
            embezzlement, forgery, or fraud, and identity theft and  
            identity crimes against and elder or dependent adult. (Penal  
            Code  368 (d))

          6)Allows for a protective order for an elder or dependent adult  
            who has suffered abuse. (Welfare and Institutions Code   
            15657.03)

          This bill:

          1)Provides that upon conviction for a violation of Penal Code  







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            Section 368 (b), (c), (d), (e) or (f) the sentencing court  
            shall consider issuing an order restraining the defendant from  
            any contact with the victim for up to 10 years.

          2)Provides that in determining the length of any restraining  
            order the court shall consider the seriousness of the facts  
            before it, the probability of future violations, and the  
            safety of the victim and his or her immediate family.



          Background
          Under existing law, an elder or dependent adult who has suffered  
          abuse can seek a protective order under the Welfare and  
          Institutions Code.  The order does not require a conviction and  
          can be for no more than five years. (Welfare and Institutions  
          Code  15657.03)

          This bill requires the court to consider issuing an order  
          restraining a defendant convicted of elder abuse from any  
          contact with the victim.  The restraining order may be valid for  
          up to 10 years and in determining the length of time the court  
          shall consider the seriousness of the facts of the case, the  
          probability of future violations and the safety of the victim  
          and his or her immediate family.  The protective order may be  
          issued whether the defendant served time in jail, prison or has  
          his or her sentence suspended or is placed on probation.  The  
          order is post-conviction so unlike pre-conviction orders, the  
          defendant has been found guilty of the acts that have been  
          alleged.
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          SUPPORT:   (Verified  5/11/15)


          San Diego District Attorney's Office (source)
          Association for Deputy District Attorneys 
          California Advocates for Nursing Home Reform 
          California District Attorneys Association 
          California Retired Teachers Association 
          California State Sheriffs' Association







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          OPPOSITION:   (Verified  5/11/15)


          None received

          Prepared by:Mary Kennedy / PUB. S. / 
          5/15/15 11:46:21


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