BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2619|
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CONSENT
Bill No: AB 2619
Author: Block (D)
Amended: 4/28/10 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/15/10
AYES: Corbett, Harman, Hancock, Leno, Walters
ASSEMBLY FLOOR : 71-0, 5/10/10 - See last page for vote
SUBJECT : Elder and dependent adult abuse: restitution:
earnings
withholding orders
SOURCE : Author
DIGEST : This bill authorizes wage garnishments against
defendants convicted of elder or dependent adult financial
abuse.
ANALYSIS : Existing law defines financial abuse of an
elder or dependent adult as the taking, secreting,
appropriating, obtaining, or retaining real or personal
property of an elder or dependent adult for a wrongful use
or with intent to defraud, or both. (Welfare &
Institutions Code Section 15610.30.)
Existing law provides for the issuance of a writ of
attachment in any action for damages stemming from the
financial abuse of an elder or dependent adult. (Welfare &
CONTINUED
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Institutions Code Section 15657.01.)
Existing law authorizes courts to award attorney's fees and
costs, compensatory damages, and all other remedies
otherwise provided by law to victims of elder or dependent
adult abuse. (Welfare & Institutions Code. Section
15657.5.)
Existing law allows courts to issue withholding orders such
as to create a lien (wage garnishment) against employees
owing judgments. (Code of Civil Procedure Section 706.010
et seq.)
Existing law provides that a lien continues for a period of
one year from the date the earnings of the judgment debtor
become payable unless the amount required to be withheld
pursuant to the order is paid as required by law. (Code of
Civil Procedure Section 706.029.)
Existing law provides that child support withholding orders
are given priority over all other withholding orders.
(Code of Civil Procedure Section 706.031.)
Existing law provides that tax withholding orders are given
priority after support withholding orders. (Code of Civil
Procedure Section 706.077.)
This bill authorizes a court to issue an earnings
withholding order against a person found guilty of elder or
dependent financial abuse.
This bill requires the application for issuance of an
earnings withholding order to specify how much of the
judgment stems from a financial abuse claim.
This bill, effective January 1, 2012, prioritizes elder or
dependent abuse withholding orders after child support and
tax withholding orders.
This bill instructs employers not to withhold earnings
under an elder or dependent abuse order unless child
support, tax, and prior elder or dependent abuse orders
have expired.
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Background
In 1982, the Legislature recognized a need to protect elder
and dependent adults from abuse and exploitation, including
financial abuse. The Elder Abuse and Dependent Adult Civil
Protection Act (EADACPA) was enacted to provide adult
protective services agencies, local long-term care
ombudsman programs, local law enforcement agencies, and
other interested parties the ability to use any means
necessary to protect elder and dependent adults from abuse.
(AB 1805 [Felando], Chapter 1184, Statutes 1982).
In furtherance of the Legislature's intent to protect elder
and dependent adults, the Legislature enumerated several
crimes for injury to elder or dependent adults. (SB 1681
[Mello], Chapter 594, Statutes 1984). SB 1681 also created
a civil cause of action for financial abuse of elder and
dependent adults.
This bill authorizes victims of elder and dependent adult
financial abuse to collect on judgments through wage
garnishment.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/16/10)
Consumer Attorneys of California
Insurance Brokers and Agents of the West
National Association of Insurance and Financial Advisors of
California
ARGUMENTS IN SUPPORT : The author's office writes, "This
[bill] allows victims of elder and dependent adult
financial abuse, who are victorious in court but unable to
collect from the defendant, a better opportunity to collect
restitution through wage garnishment. . . . The bill would
give priority to an "earnings withholding order for elder
or dependent adult financial abuse" over any other earnings
withholding order, and therefore moves victims of elder or
dependent adult financial abuse to the front of the line to
collect wages. However, earnings withholding orders for
spousal and child support and for taxes will still have
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priority over all other withholding orders including elder
or dependent adult financial abuse. AB 2916 also provides
that changes to the priority of these withholding orders
not be effective until January 1, 2012 so as to provide
ample time for all forms to be updated for employers."
A supporter of the bill, Insurance Brokers and Agents of
the West, further describes the need for this bill as
follows, "Unfortunately, as with any business, there are
some bad actors in the insurance marketplace. In a case
where a rogue agent may have committed actions considered
to be elder and financial abuse, he or she may be ordered
to pay restitution for several cases of fraud and the cost
of paying the fines and restitution renders them insolvent.
. . . We believe if a rogue insurance agent is convicted of
elder and dependent financial abuse, the victim should
absolutely be made whole again. AB 2619 recognizes the
seriousness of these abuses and would make their
restitution a high priority when it comes to wage
garnishment."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Caballero,
Charles Calderon, Carter, Chesbro, Conway, Cook, Coto,
Davis, De Leon, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue,
Bonnie Lowenthal, Ma, Miller, Monning, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Silva, Skinner, Smyth, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: De La Torre, DeVore, Harkey, Mendoza,
Nava, Norby, Saldana, Solorio, Vacancy
RJG:do 6/17/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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