Amended in Senate August 22, 2014

Amended in Senate April 21, 2014

Senate Bill No. 1233

Introduced by Senator Wyland

February 20, 2014

An act to amend Section begin delete 368 end delete begin insert 801.6 end insert of the Penal Code, begin delete relating to crimes. end delete begin insert and to amend Section 15657.7 of the Welfare and Institutions Code, relating to elder and dependent adult abuse. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1233, as amended, Wyland. begin delete Theft: elder and dependent adults. end delete begin insert Elder and dependent adult abuse: statutes of limitation. end insert

begin insert

(1) Existing law allows prosecution for specified offenses involving abuse of an elder or dependent adult, except for violations of a law proscribing theft or embezzlement, to be filed at any time within 5 years from the date of the occurrence of the offense.

end insert begin insert

This bill would increase this statute of limitations from 5 years to 15 years from the date of the occurrence of the offense.

end insert begin insert

(2) Existing law requires that specified actions for damages for financial abuse of an elder or dependent adult, as defined, be commenced within 4 years after the plaintiff discovers or, through the exercise of reasonable diligence, should have discovered, the facts constituting the financial abuse.

end insert begin insert

This bill would increase this statute of limitations from 4 years to 15 years after the plaintiff discovers, or through the exercise of reasonable diligence, should have discovered, the facts constituting the financial abuse.

end insert begin delete

Existing law makes it a crime, punishable either as a misdemeanor or a felony, for a caretaker of an elder or dependent adult, or for a person who is not a caretaker who knows or reasonably should know that the victim is an elder or dependent adult, to violate any provision of law proscribing theft, embezzlement, forgery, fraud, or identity theft when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. If punished as a misdemeanor, existing law authorizes imprisonment or a fine not to exceed $2,500, or both the fine and imprisonment. If punished as a felony, existing law authorizes imprisonment or a fine not to exceed $10,000, or both the fine and imprisonment.

end delete begin delete

This bill would make the maximum amount of the fine for this crime $25,000, if punished as a misdemeanor, and $250,000, if punished as a felony.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 801.6 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

801.6.  

Notwithstanding any other limitation of time described
in this chapter, prosecution for any offense proscribed by Section
368, except for a violation of any begin delete provision of end delete law proscribing
theft or embezzlement, may be filed at any time within begin delete five end delete begin insert 15 end insert
years from the date of occurrence of begin delete such end delete begin insert the end insert offense.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 15657.7 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

15657.7.  

An action for damages pursuant to Sections 15657.5
and 15657.6 for financial abuse of an elder or dependent adult, as
defined in Section 15610.30, shall be commenced within begin delete four end delete begin insert 15 end insert
years after the plaintiff discovers or, through the exercise of
reasonable diligence, should have discovered, the facts constituting
the financial abuse.

begin delete

SECTION 1.  

Section 368 of the Penal Code is amended to
read:

368.  

(a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for
minor children, because elders and dependent adults may be
confused, on various medications, mentally or physically impaired,
or incompetent, and therefore less able to protect themselves, to
understand or report criminal conduct, or to testify in court
proceedings on their own behalf.

(b) (1) A 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 an elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of an 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, or by a fine not to exceed six thousand dollars
($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.

(2) If, in the commission of an offense described in paragraph
(1), the victim suffers great bodily injury, as defined in Section
12022.7, 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.

(3) If, in the commission of an offense described in paragraph
(1), the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:

(A) Five years if the victim is under 70 years of age.

(B) Seven years if the victim is 70 years of age or older.

(c) A 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 an 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 may be endangered, is guilty of a
misdemeanor. A second or subsequent violation of this subdivision
is punishable by a fine not to exceed two thousand dollars ($2,000),
or by imprisonment in a county jail not to exceed one year, or by
both that fine and imprisonment.

(d) A person who is not a caretaker who violates any provision
of law proscribing theft, embezzlement, forgery, or fraud, or who
violates Section 530.5 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 as follows:

(1) By a fine not exceeding twenty-five thousand dollars
($25,000), or by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, or by a fine not
exceeding two hundred fifty thousand dollars ($250,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 for two,
three, or four years, 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 exceeding nine hundred fifty dollars
($950).

(2) By a fine not exceeding one thousand dollars ($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 nine hundred fifty dollars ($950).

(e) A caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft, embezzlement, forgery, or
fraud, or who violates Section 530.5 proscribing identity theft,
with respect to the property or personal identifying information of
that elder or dependent adult, is punishable as follows:

(1) By a fine not exceeding twenty-five thousand dollars
($25,000), or by imprisonment in a county jail not exceeding one
year, or by both that fine and imprisonment, or by a fine not
exceeding two hundred fifty thousand dollars ($250,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 for two,
three, or four years, 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 exceeding nine hundred fifty dollars
($950).

(2) By a fine not exceeding one thousand dollars ($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 nine hundred fifty dollars ($950).

(f) A person who commits the false imprisonment of an elder
or a dependent adult by the use of violence, menace, fraud, or
deceit is punishable by imprisonment pursuant to subdivision (h)
of Section 1170 for two, three, or four years.

(g) As used in this section, “elder” means a person who is 65
years of age or older.

(h) As used in this section, “dependent adult” means a person
who is between 18 and 64 years of age, inclusive, who has physical
or mental limitations that restrict his or her ability to carry out
normal activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of
age. “Dependent adult” includes a person between 18 and 64 years
of age, inclusive, who is admitted as an inpatient to a 24-hour
health facility, as defined in Sections 1250, 1250.2, and 1250.3 of
the Health and Safety Code.

(i) As used in this section, “caretaker” means a person who has
the care, custody, or control of, or who stands in a position of trust
with, an elder or a dependent adult.

(j) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other law. However,
a person shall not receive an additional term of imprisonment under
both paragraphs (2) and (3) of subdivision (b) for a single offense,
nor shall a person receive an additional term of imprisonment
under both Section 12022.7 and paragraph (2) or (3) of subdivision
(b) for a single offense.

(k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. A defendant ordered to be
placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration
the ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.

end delete