Amended in Senate April 28, 2015

Senate Bill No. 473

Introduced by Senator Bates

February 26, 2015

An act to begin delete amend Section 1796.19 of the Health and Safety Code, relating to public health. end delete begin insert add Section 369 to the Penal Code, relating to elder abuse. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 473, as amended, Bates. begin delete Home care services. end delete begin insert Elder abuse: registry. end insert

begin insert

Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse, and provides that the purpose of the act is to, among other things, collect information on the number of abuse victims, circumstances surrounding the abuse, and other data. The act defines the term “abuse of an elder or a dependent adult” for its purposes.

end insert begin insert

Existing law also makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law specifies penalties for a person who violates any law proscribing theft, embezzlement, forgery, or fraud, or specified identity theft laws, when the victim is an elder or a dependent adult.

end insert begin insert

This bill would require a person who is convicted for a crime involving the abuse of an elder adult, as defined in the Elder Abuse and Dependent Adult Civil Protection Act, to register for the remainder of his or her life with all police departments and the sheriff in the county in which the person was convicted and in the county in which he or she resides. The bill would require the police department or county sheriff to forward the registration information to the Department of Justice. The bill would require the Department of Justice to maintain a publicly accessible Internet Web site containing certain information concerning persons who are required to register pursuant to these provisions. The bill would make it a crime to use information obtained from the Internet Web site to commit a crime, and would subject a person who uses information obtained from the Internet Web site for any other reason than to protect an at-risk person to civil liability, as specified. The bill would relieve a person from the duty to register pursuant to these provisions if he or she receives a certificate of rehabilitation and he or she is not in custody, on parole, or on probation. The bill would make it a misdemeanor for a person who is required to register pursuant to these provisions to willfully violate any requirements related to registration. By creating new crimes and imposing new duties on local police departments and county sheriffs related to registering individuals convicted of a crime involving the abuse of an elder adult, this bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert begin delete

The Home Care Services Consumer Protection Act, operative January 1, 2016, provides for the registration of home care aides. Existing law requires the State Department of Social Services to consider specified information when determining whether to approve a home care aide’s registration application, including, among other things, evidence satisfactory to the department of the home care aide applicant’s ability to comply with the act and the rules and regulations promulgated by the department under the act.

end delete begin delete

This bill would make technical, nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 369 is added to the end insert begin insert Penal Code end insert begin insert , end insert immediately following Section 368.5 begin insert , to read: end insert

begin insert

begin insert 369. end insert   

(a) (1) (A) Upon conviction for a crime involving abuse
of an elder adult, as defined in Section 15610.07 of the Welfare
and Institutions Code, a person shall register for the remainder
of his or her life with all police departments and the sheriff in the
county in which the person was convicted and in the county in
which he or she resides.

(B) The court shall notify a person required to register pursuant
to this section of his or her duty to register at the time of his or
her conviction.

(2) (A) If a person described in paragraph (1) does not serve
a term of imprisonment as a result of his or her conviction, he or
she shall register within five business days of the conviction.

(B) If a person described in paragraph (1) serves a term of
imprisonment as a result of his or her conviction, he or she shall
register within five business days of his or her release.

(3) (A) A person required to register pursuant to this section
shall notify all police departments and the sheriff in the county in
which the person was convicted, in the county in which he or she
resides, and, if applicable, in which he or she previously resided
and was required to register within five business days of moving
or changing his or her name.

(B) A person required to register pursuant to this section shall
annually renew his or her registration within five business days
of his or her birthday.

(b) Upon receipt of a registration pursuant to this section, a
police department or county sheriff shall forward the registration
information to the Department of Justice.

(c) (1) The Department of Justice shall make available to the
public via an Internet Web site the information specified in
paragraph (2) concerning persons who are required to register
pursuant to this section. The department shall update the Internet
Web site on an ongoing basis with information received from police
departments and county sheriffs pursuant to this section. All
information identifying the victim by name, birth date, address, or
relationship to the registrant shall be excluded from the Internet
Web site. The Internet Web site shall be translated into languages
other than English, as determined by the department.

(2) The Department of Justice shall include all of the following
information, as to each person required to register pursuant to
this section, on the publicly accessible Internet Web site:

(A) The name and address of the registrant.

(B) The offense for which he or she is required to register,
including all of the following:

(i) The offense for which he or she was convicted.

(ii) Where the offense occurred, including, but not limited to,
the city and, if applicable, the name of the facility at which it
occurred.

(iii) The punishment imposed, including, but not limited to, if
applicable, his or her date of release from imprisonment for the
offense.

(3) (A) A person who uses information disclosed pursuant to
this subdivision to commit a misdemeanor shall be subject to, in
addition to any other penalty or fine imposed, a fine of not less
than ten thousand dollars ($10,000), and not more than fifty
thousand dollars ($50,000).

(B) A person who uses information disclosed pursuant to this
subdivision to commit a felony shall be punished, in addition and
consecutive to any other punishment, by a five-year term of
imprisonment pursuant to subdivision (h) of Section 1170.

(4) (A) A person may use information disclosed pursuant to
this subdivision only to protect a person at risk.

(B) The use of information disclosed pursuant to this subdivision
for any purpose other than that provided by subparagraph (A)
shall make the user liable for the actual damages, and any amount
that may be determined by a jury or a court sitting without a jury,
not exceeding three times the amount of actual damage, and not
less than two hundred fifty dollars ($250), and attorney’s fees,
exemplary damages, and a civil penalty not exceeding twenty-five
thousand dollars ($25,000).

(d) (1) A person required to register pursuant to this section
is not relieved of the duty to register if the person’s conviction is
dismissed pursuant to Section 1203.4.

(2) A person required to register pursuant to this section, upon
obtaining a certificate of rehabilitation under Chapter 3.5
(commencing with Section 4852.01) of Title 6 of Part 3, is relieved
of any further duty to register under this section if he or she is not
in custody, on parole, or on probation.

(e) A person who is required to register pursuant to this section
who willfully violates any requirement of this section is guilty of
a misdemeanor punishable by imprisonment in a county jail not
exceeding one year.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for certain
costs that may be incurred by a local agency or school district
because, in that regard, this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

SECTION 1.  

Section 1796.19 of the Health and Safety Code
is amended to read:

1796.19.  

(a) The department shall consider, but is not limited
to considering, all of the following when determining whether to
approve a registration application:

(1) Evidence satisfactory to the department of the home care
aide applicant’s ability to comply with this chapter and the rules
and regulations promulgated under this chapter by the department.

(2) Evidence satisfactory to the department that the home care
aide applicant is of reputable and responsible character. The
evidence shall include, but is not limited to, a review of the
independent home care aide applicant’s criminal offender record
information pursuant to Section 1522.

(3) Any revocation or other disciplinary action taken, or in the
process of being taken, related to the care of individuals against
the home care aide applicant.

(4) Any other information that may be required by the
department for the proper administration and enforcement of this
chapter.

(b) Failure of the home care aide applicant to cooperate with
the department in the completion of the Home Care Aide
application shall result in the withdrawal of the registration
application. “Failure to cooperate” means that the information
described in this chapter and by any rules and regulations
promulgated under this chapter has not been provided, or has not
been provided in the form requested by the department, or both.

end delete