BILL ANALYSIS �
AB 2623
Page 1
ASSEMBLY THIRD READING
AB 2623 (Pan)
As Amended May 23, 2014
Majority vote
PUBLIC SAFETY 7-0 AGING 7-0
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|Ayes:|Ammiano, Melendez, |Ayes:|Yamada, Wagner, |
| |Jones-Sawyer, Quirk, | |Lowenthal, Daly, Gray, |
| |Skinner, Stone, Waldron | |Grove, Levine |
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|Gatto, Bigelow, |
| |Bocanegra, Bradford, Ian |
| |Calderon, Campos, Eggman, |
| |Gomez, Holden, Jones, |
| |Linder, Pan, Quirk, |
| |Ridley-Thomas, Wagner, |
| |Weber |
|-----+--------------------------|
| | |
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SUMMARY : Expands the scope of the Commission on Peace Officer
Standards and Training (POST) course related to elder and
dependent adult abuse, and requires POST consult with specified
local agencies when producing new or updated elder or dependent
adult abuse training materials. Specifically, this bill :
1)Expands the POST certified training course on elder and
dependent adult abuse, to include, the legal rights and
remedies available to victims of elder or dependent adult
abuse, including, emergency protective orders and the option
to request a simultaneous move-out order, and temporary
restraining order.
2)Requires POST to consult with local adult protective services
offices, and the Office of the State Long Term Ombudsman when
producing new and updated training materials related to elder
and dependent adult abuse.
AB 2623
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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
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 great bodily injury, 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;
and,
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
great bodily 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
AB 2623
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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.
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.
5)Defines "disability" as a developmental disability, as defined
in federal law, a mental illness, as defined in federal law, a
disability within the meaning of the Americans with
Disabilities Act of 1990, as specified, or a disability within
the meaning of the California Fair Employment and Housing Act
of 1959.
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 POST within 18 months of
assignment to field duties. Completion of the course may be
satisfied by telecourse, video training tape, or other
instruction. The training shall, at a minimum, include all of
the following subjects:
a) Relevant laws;
b) Recognition of elder and dependent adult abuse;
c) Reporting requirements and procedures;
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d) Neglect of elder and dependent adults;
e) Fraud of elder and dependent adults;
f) Physical abuse of elder and dependent adults;
g) Psychological abuse of elder and dependent adults; and
h) The role of the local adult protective services public
guardian offices.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, special Fund (Peace Officer Training Fund) costs in
the range of $50,000 to expand the current elder abuse training
module.
COMMENTS : According to the author, "As of 2010, there were 4.2
million people aged 65 years or older in CA. Based on monthly
reports sent by local Adult Protection Services offices, the
Attorney General estimates that 200,000 elders or dependent
adults are abused each year. By the year 2021, the elder
population in California will reach 7.7 million people, as the
last parts of the Baby Boomer generation reach 65. Given the
projected rise in the elder population, the so-called "Silver
Tsunami," there will likely be a proportional rise in the number
of elder abuse cases. This bill is a way to prepare for this
rise before the demographic projections and associated rise in
abuses become a reality.
"This bill will add to the elder abuse training officers receive
in the Academy. These additions include training in the use of
civil remedies such as Elder Emergency Protective Orders and the
use of local resources for elder abuse. These modules will be
added in order to increase officer awareness of alternative
measures to arrest that are available to victims of elder abuse.
In addition, the bill calls for a refresher course on elder
abuse occurring every two years. This course would be similar
to the mandatory domestic violence refresher courses that
already exist."
Please see the policy committee analysis for a full discussion
of this bill.
AB 2623
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003723