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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