BILL NUMBER: AB 880 CHAPTERED
BILL TEXT
CHAPTER 934
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 1998
APPROVED BY GOVERNOR SEPTEMBER 28, 1998
PASSED THE ASSEMBLY AUGUST 20, 1998
PASSED THE SENATE AUGUST 17, 1998
AMENDED IN SENATE JULY 7, 1998
AMENDED IN SENATE JUNE 25, 1998
AMENDED IN ASSEMBLY JANUARY 21, 1998
AMENDED IN ASSEMBLY JANUARY 12, 1998
AMENDED IN ASSEMBLY JANUARY 5, 1998
AMENDED IN ASSEMBLY AUGUST 25, 1997
INTRODUCED BY Assembly Member Hertzberg
(Principal coauthor: Senator Kopp)
(Coauthors: Assembly Members Alquist, Granlund, Murray,
Napolitano, Perata, Shelley, Washington, and Woods)
(Coauthors: Senators Costa, Craven, Hayden, Hughes, Johannessen,
Johnston, Knight, Lockyer, McPherson, Peace, Polanco, Rainey,
Rosenthal, Solis, and Watson)
FEBRUARY 27, 1997
An act to amend Section 368 of the Penal Code, relating to elder
abuse.
LEGISLATIVE COUNSEL'S DIGEST
AB 880, Hertzberg. Elder abuse.
Under existing law, any caretaker of an elder or a dependent adult
who violates any provision of law proscribing theft or embezzlement
with respect to the property of that elder or dependent adult, is
required to be punished by imprisonment in the county jail, or in the
state prison for 2, 3, or 4 years when the money, labor, or real or
personal property taken is of a value exceeding $400, and by a fine
not exceeding $1,000 or by imprisonment in the county jail, or both,
when the money, labor, or real or personal property taken is of a
value not exceeding $400.
This bill would impose the same punishment on any person who is
not a caretaker who commits theft or embezzlement with respect to the
property of an elder or dependent adult, if the person knows or
reasonably should know that the victim is an elder or dependant
adult. Because this bill would expand the scope of an existing crime
by making the crime applicable to a broader category of persons, it
would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 368 of the Penal Code is amended to read:
368. (a) (1) Any person who, under circumstances or conditions
likely to produce great bodily harm or death, willfully causes or
permits any elder or dependent adult, with knowledge that he or she
is an elder or a 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 causes or permits the elder or dependent 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 not
exceeding one year, or in the state prison for two, three, or four
years.
(2) If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in subdivision
(e) of Section 12022.7, the defendant shall receive an additional
term of three years in the state prison, except that if the victim is
70 years of age or older the additional term shall be five years.
(3) If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term of five years in the state
prison, except that if the victim is 70 years of age or older the
additional term shall be seven years.
(b) Any person 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, with knowledge that he or
she is an elder or a 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 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.
(c) Any caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft or embezzlement, with respect
to the property of that elder or dependent adult, is punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison for two, three, or four years when the money, labor, or real
or personal property taken is of a value exceeding four hundred
dollars ($400), and by a fine not exceeding one thousand dollars
($1,000), by imprisonment in a county jail not exceeding one year, or
by both that fine and imprisonment, when the money, labor, or real
or personal property taken is of a value not exceeding four hundred
dollars ($400).
(d) Any person who is not a caretaker who violates any provision
of law proscribing theft or embezzlement, with respect to the
property of an elder or dependent adult, and who knows or reasonably
should know that the victim is an elder or dependent adult, is
punishable by imprisonment in a county jail not exceeding one year,
or in the state prison for two, three, or four years, when the money,
labor, or real or personal property taken is of a value exceeding
four hundred dollars ($400); and by a fine not exceeding one thousand
dollars ($1,000), by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, when the money, labor,
or real or personal property taken is of a value not exceeding four
hundred dollars ($400).
(e) As used in this section, "elder" means any person who is 65
years of age or older.
(f) As used in this section, "dependent adult" means 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.
"Dependent adult" includes any person between the ages of 18 and 64
who is admitted as an inpatient to a 24-hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety
Code.
(g) As used in this section, "caretaker" means any person who has
the care, custody, or control of or who stands in a position of trust
with, an elder or a dependent adult.
(h) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (a) for
any single offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (a) for any single offense.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because 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 XIIIB of the California Constitution.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.