BILL ANALYSIS Ó
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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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