Bill Text: CA AB1754 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crime victim compensation: elder or dependent adult financial abuse.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Failed) 2016-11-30 - From Senate committee without further action. [AB1754 Detail]

Download: California-2015-AB1754-Introduced.html

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BILL NUMBER: AB 1754	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Waldron

                        FEBRUARY 2, 2016

   An act to add and repeal Article 7 (commencing with Section 13967)
to Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
Code, relating to crime victims.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1754, as introduced, Waldron. Crime victim compensation: elder
or dependent adult financial abuse.
   Existing law provides for the compensation of victims and
derivative victims of specified types of crimes by the California
Victim Compensation and Government Claims Board from the Restitution
Fund, a continuously appropriated fund, for specified losses suffered
as a result of those crimes. Existing law sets forth eligibility
requirements and specified limits on the amount of compensation the
board may award, and requires applications for compensation to be
verified under penalty of perjury.
   This bill would create the San Diego County Elder or Dependent
Adult Financial Abuse Crime Victim Compensation Pilot Program and
would authorize the board, upon appropriation by the Legislature, to
provide victims of elder or dependent adult financial abuse
compensation to reimburse costs for financial counseling, mental
health counseling, or supportive services, as specified, if the crime
occurred in the County of San Diego. The bill would limit
compensation pursuant to this authorization to $5,000 per person and
an aggregate total of $1,000,000. The bill would exclude a derivative
victim from eligibility for compensation if the only crime the
victim suffered was elder or dependent adult financial abuse. By
expanding the scope of the crime of perjury, this bill would impose a
state-mandated local program. The bill would repeal these provisions
on January 1, 2019.
   This bill would make related legislative findings and
declarations, including findings and declarations as to the necessity
of a special statute enacting a pilot program in the County of San
Diego.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) California has the highest number of older adults compared to
any other state in the nation, with 4.2 million individuals over 65
years of age counted in the 2010 census.
   (b) Elderly and dependent adults are seen as easy targets by
financial predators who take advantage of their victims' loneliness,
isolation, and vulnerability. This population often falls victim to
scams such as foreign lotteries, the sale of costly and ineffective
annuities, identity theft, reverse mortgage scams, and fraudulent
home repairs. Financial abuse is also committed by family members or
caregivers who take advantage of an elder's isolation and dependence.

   (c) A 1998 study reported in the Journal of the American Medical
Association found that an elder victimized by financial abuse has a
decreased projected lifespan when compared to elders who have not
suffered that exploitation.
   (d) The State Department of Social Services reports that as many
as 1,600 reports of elder and dependent adult financial abuse are
under investigation per month by Adult Protective Services offices
statewide.
   (e) The California Victims of Crime Program does not serve this
population even though federal law allows Victims of Crime Act funds
to be used to do so. Federal guidelines identify elders and dependent
adults as being underserved in this area.
   (f) Many states already provide assistance to victims of financial
crimes, including Colorado, Florida, Idaho, New Jersey, New York,
Oklahoma, Pennsylvania, Vermont, and Wyoming.
   (g) There is currently a lack of data on the demand for victim
services, including mental health and financial counseling, by
elderly and dependent adult victims of financial crimes. This
information is needed to develop policies and resources for this
underserved population.
   (h) A pilot program is needed to provide the Legislature with data
on the demand for victim services, including mental health and
financial counseling, by this population and the costs and outcomes
of these services. The collection of this data could further help the
state track the types and frequency of financial crimes against
elder and dependent adults, identify services that are most needed by
victims and the rates at which these services are utilized, and
establish best practice protocols for serving these victims.
   (i) The County of San Diego has one of the largest retiree
populations in the state. Population projections show that between
the years 2000 and 2030, the population of those who are 60 years of
age or older will increase by 130 percent. Furthermore, the County of
San Diego has a high number of reported elder and dependent adult
financial abuse cases, and this number will only increase as our
population ages.
   (j) The district attorney of the County of San Diego and aging
services providers report high numbers of financial abuse cases,
often involving many thousands of dollars and hundreds of victims.
Many financial crimes and scams are not prosecuted because the
perpetrators are operating from other countries or because law
enforcement fails to accept and investigate reports out of a mistaken
belief that these are civil matters.
   (k) Elderly and dependent adult victims who lack the means to
recover or replace misappropriated assets or property often suffer
severe consequences including failing health; severe anxiety,
depression, and hopelessness; and dependence on public assistance.
Research has shown the benefits of mental health and financial
counseling in helping these victims remain independent and regain the
confidence to take perpetrators to court.
   (l) The County of San Diego is well-situated to provide victims of
elder and dependent adult financial abuse with access to services,
including mental health and financial counseling. The county's
prosecution unit is among the most aggressive in the state in
pursuing financial crimes and works closely with Adult Protective
Services and the Long Term Care Ombudsman. The county's Financial
Abuse Specialist Team (FAST), which provides expertise to law
enforcement, adult protective services, and others in investigating
cases of elder and dependent adult financial abuse, would provide
another avenue to identify victims in need of immediate support
services following victimization.
  SEC. 2.  Article 7 (commencing with Section 13967) is added to
Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code,
to read:

      Article 7.  San Diego County Elder or Dependent Adult Financial
Abuse Crime Victim Compensation Pilot Program


   13967.  (a) The San Diego County Elder or Dependent Adult
Financial Abuse Crime Victim Compensation Pilot Program is hereby
established.
   (b) Notwithstanding Section 13955, and except as otherwise
provided in subdivision (c), a person who meets the requirements
listed in subdivision (a) of Section 13955, shall be eligible for
compensation under subdivision (d) if he or she was a victim of a
violation of subdivision (d) or (e) of Section 368 of the Penal Code,
and the crime occurred in the County of San Diego.
   (c) A person shall not be eligible for compensation pursuant to
subdivision (b) if he or she is a derivative victim and the only
crime the victim suffered is elder or dependent adult abuse described
in subdivision (d) or (e) of Section 368 of the Penal Code.
   (d) Notwithstanding Section 13957, the board may grant for
pecuniary loss, upon appropriation by the Legislature, if the board
determines it will best aid the person seeking compensation to
reimburse the expense of financial counseling, mental health
counseling, or supportive services for a victim of a crime described
in subdivision (d) or (e) of Section 368 of the Penal Code or
financial abuse as defined by Section 15610.30 of the Welfare and
Institutions Code, that occurred in the County of San Diego, as
follows, up to a total of not more than five thousand dollars
($5,000) per person:
   (1) The cost of not more than 10 sessions of financial counseling
provided by a financial counselor, as described in the Victims of
Crime Act Victim Compensation Grant Program (66 F.R. 27158-01), or an
adviser providing services such as analysis of a victim's financial
situation, including income-producing capacity and crime-related
financial obligations, assistance with restructuring budget and debt,
assistance in accessing insurance, public assistance, and other
benefits, and assistance in completing the financial aspects of
victim impact statements.
   (2) The cost of not more than 10 sessions of mental health
counseling.
   (3) The cost of supportive services, including, but not limited
to, all of the following:
   (A) Cognitive assessment for the purpose of determining additional
service needs.
   (B) Emergency shelter or rehousing.
   (C) Transportation to appointments.
   (e) Compensation pursuant to subdivision (d) shall not exceed an
aggregate total of one million dollars ($1,000,000) for all persons
compensated pursuant to the San Diego County Elder or Dependent Adult
Financial Abuse Crime Victim Compensation Pilot Program.
   13967.5.  This article shall remain in effect only until January
1, 2019, and as of that date is repealed.
  SEC. 3.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances in the County of San Diego where
a high number of reported elder and dependent adult financial abuse
crimes occur. The County of San Diego is well-suited for a pilot
program that would allow the Legislature to gather data on the demand
for victim services, including mental health and financial
counseling, by elderly and dependent adult victims of financial
crimes so as to effectively develop policies and resources for this
underserved population. Furthermore, the County of San Diego is
well-situated to provide victims of elder and dependent adult
financial abuse with access to the mental health and financial
counseling services due in part to the existence of its Financial
Abuse Specialist Team (FAST), which investigates cases of elder and
dependent adult financial abuse.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.