BILL ANALYSIS
AB 768
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Date of Hearing: May 20, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 768 (Torres) - As Amended: April 15, 2009
Policy Committee: Aging & LTC
Vote:6-0
Public Safety 4-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill expands the definition of elder and dependent adult
abuse and may increase the prosecution of related crimes.
Specifically, this bill:
1)Eliminates the requirement that a person "know or reasonably
should know" a victim is an elder or dependent adult to be
charged with elder abuse.
2)Expands the definition of abuse to include willfully causing
or permitting an elder or dependent adult to sustain any wound
or physical or psychological injury.
FISCAL EFFECT
Annual increased state prison GF costs of $1 million to $2
million. This estimate assumes 20 to 40 additional individuals
will serve time in state prison due to the expansions contained
in this bill. In 2007 and 2008, combined, 414 persons were
committed to state prisons under the relevant sections.
COMMENTS
1)Rationale . This bill expands the definition of elder and
dependent adult abuse by eliminating a requirement that an
alleged perpetrator must know an adult is elderly or dependent
and by adding willful causation of any wound, physical or
psychological injury to the definition of abuse. According to
the author, elder abuse statutes should be similar to abuse
and neglect codes in the child welfare area that do not
AB 768
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require proof a victim's age.
2)Existing Law . Elder abuse includes physical abuse, neglect,
financial abuse, abandonment, isolation, abduction, or other
treatment that results in physical harm, pain, or mental
suffering. Under current law, health care professionals,
clergy, certain county employees, and law enforcement officers
are mandated reporters.
3)Concerns . Recent policy committee analysis raises distinct
concerns about this bill's significant expansion of scope and
the impacts on incarceration and prison overcrowding. The
analysis indicates the legal concerns raised by the
opposition, juxtaposed with prison overcrowding are troubling,
especially in light of the strength of current California law
with respect to prosecuting elder and dependent abuse.
According to opponents of this bill, the current law "knowing
requirement" ensures that specialized criminal penalties only
apply to offenders who knowingly prey on elderly and dependent
adults. This bill, in contrast, may result in the prosecution
of individuals who have no reason to know their abuse victim
is elderly. In addition, this bill's expansion to any
psychological injury is a major expansion compared to current
law which requires abuse or neglect to have the potential to
produce great bodily harm or death, or suffering of
unjustifiable physical pain or mental suffering.
4) Related Legislation . AB 2611 (Simitian), Chapter 886,
Statutes of 2004, increased criminal penalties related to
elder and dependent adult abuse and makes them applicable to a
person who knows or reasonably should know that the potential
victim is an elder or dependent adult.
Analysis Prepared by : Mary Ader / APPR. / (916) 319-2081