BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1522
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 1522 (Leno) - As Amended:  June 18, 2012 

          Policy Committee:                             Human Services 
                       Public Safety                    Vote: 6 - 0 
                                                              6 - 0 

          Urgency:     Yes                  State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill provides a list of specified injuries and incidents 
          that a developmental center must report to the local law 
          enforcement agency with jurisdiction over the city or county in 
          which the developmental center is located.  

           FISCAL EFFECT  

          Costs associated with this legislation should be minor and 
          absorbable within existing Department of Developmental Services 
          (DDS). 

           COMMENTS  

           1)Purpose  . This bill revises the requirements for when the DDS 
            Office of Protective Services must report an incident to the 
            local law enforcement agency.  Currently, all death and 
            serious injuries of unknown cause must be reported.  SB 1522 
            would revise this to provide more specific categories:  death, 
            sexual assault, assault with a deadly weapon or force likely 
            to cause great bodily injury, or injury to the genitals when 
            the cause of injury is undetermined.  It appears the intent of 
            the bill is to limit the number of incidents that are 
            reported. Supporters of this legislation, Developmental 
            Disabilities Area Board 10, hope that in limiting the number, 
            local law enforcement will take an active role with those 
            incidents that are reported.  

           2)Related Legislation  . Currently, SB 1051 (Liu) requires 
            mandated reporters within developmental centers to immediately 








                                                                  SB 1522
                                                                  Page  2

            report suspected abuse to OPS or to the local law enforcement 
            agency, and establishes criteria for the appointment of a 
            Director of OPS.  SB 1051 is pending hearing in this 
            committee.  

            Currently, AB 40 (Yamada) requires a mandated reporter to 
            report to the local ombudsman, the corresponding licensing 
            agency, and the local law enforcement agency within 24 hours 
            of the reporter observing, obtaining knowledge of, or 
            suspecting the physical abuse of an elder or dependent adult.  
            AB 40 is pending hearing by the Senate Committee on 
            Appropriations.

            SB 110 (Liu), Chapter 617, Statutes of 2010, requires law 
            enforcement to retain exclusive responsibility for criminal 
            investigations against elders, dependent adults and persons 
            with disabilities when Adult Protective Services and local 
            ombudsman are conducting concurrent investigations.
           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081