BILL ANALYSIS �
AB 2623
Page 1
Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
Mariko Yamada, Chair
AB 2623 (Pan) - As Amended: April 21, 2014
SUBJECT : Elder abuse training for peace officers.
SUMMARY : Requires peace officers assigned to patrol duties,
that respond to elder/dependent adult abuse reports, to complete
an updated course of instruction on elder/dependent adult abuse
every two years, and requires local law enforcement agencies to
provide those officers a card that contains referral resources
for the local Adult Protective Services (APS) program, the local
Long-Term Care Ombudsman (LTCO) program, and specific
information on victims' rights and protective orders.
Specifically, this bill :
1)Requires local law enforcement agencies to provide a "Victims
of Elder Abuse" card that summarizes contact information for
local protective agencies including APS, the LTCO, and
information on a victim's right to petition the courts for an
emergency protective order, including a temporary restraining
order, and an immediate, temporary eviction.
2)Expands the topics of an existing elder/dependent adult abuse
video-based training curriculum, required of all peace
officers assigned field or investigative duties within 18
months of appointment, to include information on the
verification and enforcement of protective orders,
simultaneous "move-out" orders and temporary restraining
orders.
3)Requires all non-supervisory law enforcement officers assigned
patrol duties, and who normally respond to elder abuse reports
or domestic violence incidents, to complete an updated course
of instruction on elder/dependent adult abuse (which includes
information on legal rights and remedies of victims of
elder/dependent adult abuse) every two years.
EXISTING LAW :
1)Requires people who should reasonably know that a person is an
elder or dependent adult, and under circumstances or
conditions likely to produce injury or death, willfully causes
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or permits any elder or dependent adult to suffer, or inflicts
unjustifiable physical pain or mental suffering, to be
punished by imprisonment in a county jail up to one year, by a
fine not to exceed $6,000, or by both, or by imprisonment in
state prison for two, three, or four years.
2)Requires caregivers who under circumstances or conditions
likely to produce great bodily harm or death, 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, be punished by
imprisonment in a county jail up to one year, by a fine not to
exceed $6,000, or by both, or by imprisonment in state prison
for two, three, or four years.
3)Requires people, who should reasonably know that a person is
an elder or dependent adult, under circumstances or conditions
other than those likely to produce great bodily harm or death,
willfully causes or permits any elder or dependent adult to
suffer or inflicts unjustifiable physical pain or mental
suffering, 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 the fine and imprisonment.
4)Requires caregivers who under circumstances or conditions
other than those likely to produce great bodily harm or death,
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 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 the fine and imprisonment.
5)Provides that any person convicted of theft, embezzlement,
forgery, fraud, or identity theft, with respect to the
property or personal identifying information of an elder or a
dependent adult, is punishable by imprisonment in a county
jail for up to one year, or in the state prison for two,
three, or four years (when the moneys, labor, goods, services,
or property taken exceeds $400) and by a fine not exceeding
$1,000. If the value of goods and services do not exceed
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$400: imprisonment in a county jail for up to one year, and a
fine not to exceed $1000.
6)Provides that every city police officer or deputy sheriff at a
supervisory level and below who is assigned field or
investigative duties shall complete an elder and dependent
abuse training course certified by Peace Officers Standard
Training (POST) within 18 months of assignment to field duties
which addresses relevant laws, elder/dependent adult abuse
recognition, reporting requirements and procedures, neglect,
fraud, physical abuse, psychological abuse and community
resources for protective services.
FISCAL EFFECT : Unknown
COMMENTS :
Background : California's aged population is growing rapidly.
The state's "65+" population will reach 5 million people this
year. By 2035, the state's population profile will consist of
one-in-five over age 65, a demographic shift expected to present
vexing problems for policy makers and governmental agencies
attempting prevent the abuse or exploitation of elders and other
adults who have similar needs, though are not elderly. While
mistreatment of elders and adults with disabilities has
traditionally been viewed as a family problem, criminal justice
systems are adapting to better address elder/dependent adult
abuse and neglect as a criminal issue.
Author's Statement : "Enhancing Law Enforcement Training on
Elder Abuse; AB 2623 will protect our growing elderly population
and provide our peace officers with the best training available.
AB 2623 will address some detrimental and critical issues
facing peace officers who respond to elder abuse calls; it will:
1)Educate peace officers about the legal rights and remedies
available to victims of elder abuse, including the
availability of emergency protective orders and elder abuse
restraining orders.
2)Provide peace officers who normally would respond to elder
abuse complaints with a refresher course of instruction on
elder abuse every two years. Current law only provides
training on elder abuse at the beginning of an officer's
career.
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3)Equip peace officers with a "Victims of Elder Abuse" card
listing the legal rights and remedies available to victims of
elder abuse, and contact information for organizations that
help elders.
Discussion : AB 2623 proposes two specific improvements to
existing public policy. First,
AB 2623 adds a requirement related to a "palm" card which can be
easily and discreetly transferred to an alleged victim, designed
to assist officers in the field, and others, with directing
alleged victims of elder or dependent adult abuse toward
resources that could provide protections from on-going abuse.
Secondly, AB 2623 enhances existing authorization for required
peace officer training curriculum by calling for updates to the
training video used for that purpose, then directs that training
to be completed every two years, instead of the existing mandate
that it be completed once, within 18 months of assignment.
The card envisioned by AB 2623 contains critical information on
local resources available to assist a victim with protection,
such as the APS office and the LTCO office. The card also
informs officers and victims of potential civil remedies that
could be undertaken by the complainant/victim, such as a
protective order enjoining a party from abusing, intimidating,
harassing, or worse; or an order excluding a party from the
petitioner's residence or dwelling. The curriculum enhancements
to peace officer's training includes information about civil
remedies available to at-risk or abused elders and dependent
adults, such as the protective orders mentioned above.
Supporters Argue : Supporters argue that AB 2623 would enable
peace officers working in the field to better respond to
suspected cases of elder abuse with expanded skills and more
timely and relevant training which would include curriculum on
legal rights and remedies available to victims. By informing
victims of their rights to seek protective orders, consumers
will learn quickly what resources the courts can offer to secure
protection from abusive individuals.
Recommended Amendments : Vulnerable adults receive the same
protections as elders in the eyes of the courts, so statutes
should reflect the court's awareness. A concise explanation of
the rationale was presented by the Assembly Committee on Public
Safety in a recent analysis, reflecting a directive from People
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vs. Heitzman (1994) 9 Cal.4th 189, 194]:
"In 1983, the Legislature passed the state's first law
focusing exclusively on those 65 years of age or
older, requiring elder care custodians and other
specified professionals to report instances of elder
abuse. (Welf. & Inst. Code, � 9380- 9386, added by
Stats. 1983, ch. 1273, � 2 and repealed by Stats.
1986, ch. 769, � 1.3, eff. Sept. 15, 1986.) That same
year, Senate Bill No. 248, 1983-1984 Regular Session,
was introduced at the request of the Santa Ana Police
Department. An analysis of the bill prepared for the
Senate Committee on the Judiciary indicates that the
goal of the legislation was to aid in the prosecution
of people who harm or neglect dependent adults. (Sen.
Com. on Judiciary, Analysis of Sen. Bill No. 248
(1983-1984 Reg. Sess.) p. 2.) According to this
document, law enforcement agencies receiving reports
concerning suspected abuse or neglect of dependent
adults were having difficulty finding Penal Code
sections under which they could prosecute such cases.
(Ibid.) The solution proposed by the bill was to
establish the same criminal penalties for the abuse of
a dependent adult as those found in sections 273a and
273d for child abuse. (Sen. Com. on Judiciary,
Analysis of Sen. Bill No. 248.) When drafting the new
legislation, the bill's author lifted the language of
the child abuse statutes in its entirety, replacing
the word 'child' with 'dependent adult' throughout
(internal citation omitted).
"After the statute was enacted late in 1983, several
non-substantive changes were made. (Stats. 1984, ch.
144, � 160, p. 482.) Later, in conjunction with
legislation designed to consolidate the two sets of
conflicting reporting laws for elder abuse and
dependent adult abuse, a 1986 amendment to section
368(a) made the section expressly applicable to elders
as well as dependent adults. (Stats. 1986, ch. 769, �
1.2, p. 2531, urgency measure eff. Sept. 15, 1986.)
[Heitzman at 245.]"
Amendment #1 :
Page 2, line 4: strike "Victims of Elder Abuse" and replace with
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"Victims of Elder/Dependent Adult Abuse"
Amendment #2 :
Page 2, line 5: after "(a)" insert "and (d)"
Amendment #3 :
Page 2, line 6: strike "elder abuse" and replace with "elder or
dependent adult abuse"
Amendment #4 :
Page 2, line 9: after "agency," insert: "the local long-term
care ombudsman program,"
Amendment #5 :
Page 2, line 11: after "elders" insert: "and other, younger,
dependent adults"
Amendment #6 :
Page 3, line 15: after the word "Abuse" insert ", the Office of
the State Long-Term Care Ombudsman, the Adult Protective
Services program"
Related or Previous Legislation :
SB 1233 - Wyland: Theft: elder and dependent adults; increases
monetary penalties from $2,500 to $25,000 for theft,
embezzlement, forgery, fraud, or identity theft when the victim
is an elder or dependent adult.
SB 110 - Liu (Chapter 617, Statutes of 2010) - Expanded the
scope of provisions related to elders who are victims of crimes,
abuse, or neglect to include non-elder dependent adults,
including provisions related to law enforcement training and
county interagency death review teams.
AB 332 - Butler (Chapter 366, Statutes of 2011) - Elder and
dependent adult financial abuse: increased fines from $1,000 to
$2,500.
AB 1819 - Shelley (Chapter 559, Statutes of 2000) - Expanded the
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definition of mental suffering of an elder or dependent adult to
include, among other things, deceptive acts or false or
misleading statements made with malicious intent to agitate,
confuse, frighten, or cause severe depression or serious
emotional distress.
AB 870 - Hertzberg (Chapter 444, Statutes of 1997) - Requires
every city police officer or deputy sheriff at a supervisory
level and below to complete an elder abuse training course
certified by Peace Officers Standards Training (POST).
REGISTERED SUPPORT / OPPOSITION :
Support
American Federation of State, County and municipal Employees
(AFSCME), AFL-CIO
California Association of Public Authorities (CAPA)
California Long-Term Care Ombudsman Association (CLTCOA)
California Police Chiefs Association
Retired Public Employees Association (RPEA)
Opposition
None on file.
Analysis Prepared by : Robert MacLaughlin / AGING & L.T.C. /
(916) 319-3990