BILL ANALYSIS �
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THIRD READING
Bill No: AB 2623
Author: Pan (D), et al.
Amended: 5/23/14 in Assembly
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/24/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Mitchell,
Steinberg
SENATE APPROPRIATIONS COMMITTEE : 7-0, 8/4/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
ASSEMBLY FLOOR : 78-0, 5/29/14 - See last page for vote
SUBJECT : Peace officer standards and training
SOURCE : Elder Law Clinic at the McGeorge School of Law
DIGEST : This bill expands the elder and dependent adult
abuse training curriculum requirements mandatory for specified
peace officers, to include legal rights and remedies available
to victims; and requires the Commission on Peace Officer
Standards and Training (POST) to consult with local protective
services offices and the Office of the State Long-Term Care
Ombudsman when creating new or updated training materials.
ANALYSIS : Existing law:
1.Authorizes an elder or dependent adult who has suffered abuse
to seek protective orders, as specified.
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2.Requires that every city police officer or deputy sheriff at a
supervisory level and below, who are assigned field or
investigative duties, complete an elder and dependent adult
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.
3.Requires each county welfare department to establish and
support a system of protective services for elderly and
dependent adults who may be subjected to neglect, abuse, or
exploitation, or who are unable to protect their own interest.
4.Establishes the Office of the State Long-Term Care Ombudsman
to protect and advocate for the rights, health, and safety of
long-term care facility residents.
5.Requires POST to consult with the Bureau of Medi-Cal Fraud and
Elder Abuse, as well as other subject matter experts, on the
production of new or updated training materials related to
mandatory elder and dependent adult abuse training for
specified peace officers.
This bill:
1.Requires POST training on the legal rights and remedies
available to victims of elder or dependent adult abuse,
including emergency protective orders, simultaneous move-out
orders, and temporary restraining orders.
2.Requires POST to consult with local adult protective services
offices and the Office of the State Long-Term Care Ombudsman
when producing new or updated materials for elder and
dependent adult abuse training.
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
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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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
One-time costs to POST of about $50,000 (Special Fund*) to
expand the current elder and dependent adult abuse training
module to include the new subject matter.
Likely minor, if any, increase in state-reimbursable costs
(General Fund) to the extent adding the additional topic to
the training course does not increase the time spent or cost
for training to law enforcement, as the provisions of this
bill do not require a new course, but just add a new topic
to cover within the existing course.
Minor, absorbable costs to POST, APS offices, and the LTC
Ombudsman to consult with one another when creating new or
updated training materials.
*Peace Officers' Training Fund
SUPPORT : (Verified 8/6/14)
Elder Law Clinic at the McGeorge School of Law (source)
Retired Public Employees Association
California Police Chiefs Association
California Association of Public Authorities
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California Long-Term Care Ombudsman Association
California School Employees Association
ASSEMBLY FLOOR : 78-0, 5/29/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Harkey, Vacancy
JG:nl 8/6/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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