BILL NUMBER: AB 1819 CHAPTERED 09/20/00 CHAPTER 559 FILED WITH SECRETARY OF STATE SEPTEMBER 20, 2000 APPROVED BY GOVERNOR SEPTEMBER 18, 2000 PASSED THE ASSEMBLY AUGUST 31, 2000 PASSED THE SENATE AUGUST 30, 2000 AMENDED IN SENATE AUGUST 29, 2000 AMENDED IN SENATE JUNE 27, 2000 AMENDED IN ASSEMBLY MAY 26, 2000 AMENDED IN ASSEMBLY APRIL 25, 2000 AMENDED IN ASSEMBLY MARCH 23, 2000 INTRODUCED BY Assembly Member Shelley (Principal coauthor: Senator Speier) (Principal coauthor: Assembly Member Washington) (Coauthors: Assembly Members Alquist, Cardoza, Correa, Cunneen, Davis, Dutra, Havice, Hertzberg, Honda, Keeley, Knox, Kuehl, Leach, Lowenthal, Machado, Mazzoni, Scott, Strickland, Strom-Martin, and Zettel) (Coauthors: Senators Alarcon, Alpert, Bowen, Dunn, Karnette, McPherson, Ortiz, Solis, and Soto) FEBRUARY 3, 2000 An act to amend Section 13515 of the Penal Code and to amend Section 15610.53 of the Welfare and Institutions Code, relating to elder abuse. LEGISLATIVE COUNSEL'S DIGEST AB 1819, Shelley. Elder abuse. Existing law requires police officers and deputy sheriffs assigned field or investigate duties to complete an elder abuse training course certified by the Commission on Peace Officer Standards and Training. The training is required to include specified subjects. This bill would expand and recast the specified subjects to include dependent adults and would add to the list of required subjects physical and psychological abuse of elder and dependent adults, and the role of the local adult protective services and public guardian offices. The bill would also require the Attorney General, in conjunction with the Health and Human Services Agency, to establish a statewide elder and dependent abuse awareness media campaign subject to an appropriation for that purpose. Existing law establishes the Elder Abuse and Dependent Adult Civil Protection Act which, among other things, requires specified mandated reporters to report instances of elder abuse, as defined, under certain circumstances and requires those reports to be investigated by local law enforcement and child protective agencies as specified. Elder abuse is defined to include mental suffering. This bill would expand the definition of mental suffering to include, among other things, deceptive acts or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress. By expanding the definition of reportable elder or dependent abuse, this bill would impose increased duties on local officials. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 13515 of the Penal Code is amended to read: 13515. Every city police officer or deputy sheriff at a supervisory level and below who is assigned field or investigative duties shall complete an elder and dependent adult abuse training course certified by the Commission on Peace Officer Standards and Training within 18 months of assignment to field duties. Completion of the course may be satisfied by telecourse, video training tape, or other instruction. The training shall, at a minimum, include all of the following subjects: (a) Relevant laws. (b) Recognition of elder and dependent adult abuse. (c) Reporting requirements and procedures. (d) Neglect of elders and dependent adults. (e) Fraud of elders and dependent adults. (f) Physical abuse of elders and dependent adults. (g) Psychological abuse of elders and dependent adults. (h) The role of the local adult protective services and public guardian offices. SEC. 2. The Attorney General, in conjunction with the Health and Human Services Agency, shall establish a statewide elder and dependent adult abuse awareness media campaign. The Attorney General shall not expend any funds to establish this media campaign unless funds are expressly appropriated for the purposes of this section. No government or elected official shall appear, or be referenced, in the elder and dependent adult abuse awareness media campaign. SEC. 3. Section 15610.53 of the Welfare and Institutions Code is amended to read: 15610.53. "Mental suffering" means fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult. SEC. 4. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.