BILL ANALYSIS
SB 18
Page 1
SENATE THIRD READING
SB 18 (Oropeza)
As Amended May 5, 2009
Majority vote
SENATE VOTE :38-0
PUBLIC SAFETY 7-0
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|Ayes:|Arambula, Hagman, | | |
| |Ammiano, Furutani, | | |
| |Gilmore, Hill, Ma | | |
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SUMMARY : Increases the maximum fines for specified elder abuse
offenses upon a second or subsequent conviction. Specifically,
this bill :
1)Increases the maximum fine for a person who, in a manner
likely to produce great bodily injury (GBI) or death,
willfully causes or permits any elder or dependent adult to
suffer, or inflicts unjustifiable physical pain or mental
suffering, 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, from $6,000 to $10,000 for a second or subsequent
conviction.
2)Increases the maximum fine for a person who willfully causes
or permits any elder or dependent adult to suffer, or inflicts
unjustifiable physical pain or mental suffering, 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, from $2,000
to $5,000 for a second or subsequent misdemeanor conviction.
EXISTING LAW :
1)States any person who knows, or reasonably should know, that a
person is an elder or dependent adult and who, under
circumstances or conditions likely to produce great bodily
SB 18
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harm or death, willfully causes or permits any elder or
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 a county jail not exceeding one year; by a
fine not to exceed $6,000; by both that fine and imprisonment;
or, by imprisonment in the state prison for two, three, or
four years.
2)Provides, if in the commission of an offense described in
existing law, the victim suffers GBI, the defendant shall
receive an additional term in the state prison as follows:
a) Three years if the victim is under 70 years of age;
b) Five years if the victim is 70 years of age or older;
or,
c) If in the commission of an offense described, the
defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state
prison as follows: five years if the victim is under 70
years of age or seven years if the victim is 70 years of
age or older.
3)States any person who knows, or reasonably should know, that a
person is an elder or dependent adult and who, under
circumstances or conditions other than those likely to produce
GBI or death, willfully causes or permits any elder or
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. A second or subsequent violation of this
subdivision is punishable by a fine not to exceed $2,000; by
imprisonment in a county jail not to exceed one year; or, by
both that fine and imprisonment.
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4)Provides that any person who is not a caretaker and who
violates any provision of law proscribing theft, embezzlement,
forgery, or fraud, or who violates existing law proscribing
identity theft, with respect to the property or personal
identifying information of an elder or a dependent adult, and
who knows, or reasonably should know, that the victim is an
elder or a 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 moneys, labor, goods,
services, or real or personal property taken or obtained is of
a value exceeding $400; and, by a fine not exceeding $1,000;
by imprisonment in a county jail not exceeding one year; or,
by both that fine and imprisonment when the moneys, labor,
goods, services, or real or personal property taken or
obtained is of a value not exceeding $400.
FISCAL EFFECT : None
COMMENTS : According to the author, "Elder abuse is pervasive.
It takes place in both institutional and home-based care
settings, with the vast majority (70 to 90%) of abusers being a
relative.
"The flood of baby boomers headed to retirement homes across the
nation is going to exacerbate this problem unless strong
measures are taken now. By 2020, California will have over nine
million aged residents.
"Many caretakers and senior organizations feel the existing
penalties, even with criminal penalty enhancements, are simply
not strong enough to serve as a deterrent.
"Therefore, SB 18 would enhance penalties against abusers and,
at the same time, bring more public attention desperately needed
to this ever-increasing population with its attendant,
ever-increasing abuse."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
SB 18
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FN: 0001536