BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 352| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 352 Author: Block (D) Amended: 6/17/15 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 SENATE FLOOR: 36-0, 5/18/15 AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Berryhill, Hall, Pavley ASSEMBLY FLOOR: 79-0, 7/16/15 (Consent) - See last page for vote 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. Assembly Amendments are technical. ANALYSIS: Existing law: SB 352 Page 2 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).) 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 SB 352 Page 3 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 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 1)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) 2)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. SB 352 Page 4 FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified 7/28/15) 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 OPPOSITION: (Verified 7/28/15) None received ASSEMBLY FLOOR: 79-0, 7/16/15 AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins NO VOTE RECORDED: Gordon Prepared by:Mary Kennedy / PUB. S. / 8/13/15 13:20:38 **** END **** SB 352 Page 5