BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1062|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1062
Author: Dickinson (D)
Amended: 8/24/12 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Public social services
SOURCE : Author
DIGEST : This bill changes the evidentiary standard of
proof for elder and dependent abuse or neglect cases from
clear and convincing to preponderance of the evidence.
Senate Floor Amendments of 8/24/12 delete the prior version
of the bill relating to arbitration, and instead change the
evidentiary standard of proof for elder and dependent abuse
or neglect cases from clear and convincing to preponderance
of the evidence.
ANALYSIS :
Existing law:
1. Provides for the award of attorney's fees and costs to,
and the recovery of damages by, a plaintiff, when it is
proven by clear and convincing evidence that a defendant
is liable for physical abuse or neglect of an elder or
dependent adult and the defendant has also been guilty
CONTINUED
AB 1062
Page
2
of recklessness, oppression, fraud, or malice in the
commission of the abuse.
2. Authorizes a plaintiff to recover damages for the sake
of example and by way of punishing the defendant in
addition to the actual damages.
3. Provides that an employer is not liable for punitive
damages based on the acts of an employee unless certain
conditions are satisfied.
4. Requires that these conditions regarding the imposition
of punitive damages on an employer based upon the acts
of an employee be satisfied before any damages or
attorney's fees permitted due to liability for physical
abuse or neglect of an elder or dependent adult are
authorized to be imposed against an employer.
This bill changes the evidentiary standard of proof for
elder and dependent abuse or neglect cases from clear and
convincing to preponderance of the evidence.
This bill also clarifies that punitive damages may not be
imposed against an employer unless the requirements for
other civil case exemplary damages against employers are
satisfied; this requirement would not apply to the recovery
of compensatory damages or attorney's fees and costs. The
bill also clarifies that the bill is not intended to affect
the standard of proof for punitive damages, as specified.
The August 24, 2012 amendments are the same as the
provisions contained in SB 558 (Simitian), which was heard
in and approved by the Senate Judiciary Committee. SB 558
is held in the Assembly Appropriations Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
CTW:m 8/27/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
**** END ****
AB 1062
Page
3