Bill Text: CA SB18 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Elder or dependent adult abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State. Chapter 25, Statutes of 2009. [SB18 Detail]

Download: California-2009-SB18-Amended.html

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BILL NUMBER: SB 18	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Oropeza

                        DECEMBER 1, 2008

    An act to add Section 8594.5 to the Government Code,
relating to emergency services.   An act to amend
Section 368 of the Penal Code, relating to crimes. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 18, as amended, Oropeza.  Emergency services: Emergency
Alert System.   Elder or dependent adult abuse. 

   Existing law makes it a crime for a person who knows or reasonably
should know that a person is an elder or dependant adult, under
circumstances likely to produce great bodily harm or death, to
willfully cause or permit any elder or dependent adult to suffer or
inflict unjustifiably physical pain or mental suffering thereon, or
to cause or permit the elder or dependent adult to be placed in a
situation in which his or her person or health is endangered, as
specified. Existing law punishes a violation of this provision by
imprisonment in a county jail not exceeding one year, or by a fine
not to exceed $6,000, or by both that fine and imprisonment, or by
imprisonment in the state prison for 2, 3, or 4 years.  
   This bill would increase the fine for a violation of that
provision to an amount not to exceed $10,000.  
   Under existing law, 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 an elder or dependent adult to
suffer, or inflicts physical pain or mental suffering thereon, or
permits the health of the elder or dependent adult to be endangered
is guilty of a misdemeanor. Existing law punishes a second or
subsequent violation of that provision by a fine not to exceed $2,000
or by imprisonment in a county jail not to exceed one year, or by
both that fine and imprisonment.  
   This bill would increase the fine for a second or subsequent
violation of that provision to an amount not to exceed $5,000. 

   Existing law authorizes use of the Emergency Alert System to
inform the public of local, state, and national emergencies.
 
   This bill would require law enforcement agencies that are informed
of a missing senior person, who is 65 years of age or older, and
that determine the missing person has an impaired mental condition,
the person disappearance poses a credible threat to his or her health
and safety, and that there is information available that, if
disseminated to the general public, could assist with the safe
recovery of the missing person, to request, absent extenuating
investigative needs, activation of the Emergency Alert System within
the appropriate local area. By imposing new duties on local law
enforcement agencies, the bill would create a state-mandated local
program.  
   The bill would require the Department of the California Highway
Patrol, in consultation with the Department of Justice and
representatives from other organizations, to develop policies and
procedures providing instruction specifying how law enforcement
agencies, broadcasters participating in the Emergency Alert System,
and any other intermediate emergency services agencies that may
institute activation of the Emergency Alert System and, where
appropriate, other supplemental warning systems shall proceed after a
law enforcement agency receives a qualifying report of a missing
senior person.  
   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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes
  no  . State-mandated local program:  yes
  no  .


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

   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  against crimes  , 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) 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, or by a fine not to exceed  six
  ten  thousand dollars  ($6,000) 
 ($10,000)  , 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) 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 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   five  thousand
dollars  ($2,000)   ($5,000)  , or by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
   (d) Any 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 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 four hundred dollars ($400); and 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 four hundred dollars
($400).
   (e) Any 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 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 four
hundred dollars ($400), and 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 four hundred dollars ($400).
   (f) Any 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 in the state prison for two, three, or
four years.
   (g) As used in this section, "elder" means any person who is 65
years of age or older.
   (h) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which 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 any person between the ages of 18 and 64
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 any 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 provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b) for
any 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 any 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. Any 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. 
  SECTION 1.    Section 8594.5 is added to the
Government Code, to read:
   8594.5.  (a) If a senior person is reported missing to a law
enforcement agency and the agency determines that the person's
location is unknown, the person has an impaired mental condition, the
person disappearance poses a credible threat to the his or her
health and safety, and there is information available that, if
disseminated to the general public, could assist in the safe recovery
of the missing person, the agency, through a person authorized to
activate the Emergency Alert System, shall, absent extenuating
investigative needs, request activation of the Emergency Alert System
within the appropriate local area. Law enforcement agencies shall
only request activation of the Emergency Alert System for a missing
senior person if these requirements are met.
   The Department of the California Highway Patrol, if requested by a
law enforcement agency, shall activate the system.
   (b) The Department of the California Highway Patrol, in
consultation with the Department of Justice, as well as a
representative from the California State Sheriffs' Association, the
California Police Chiefs' Association, and the California Peace
Officers' Association, shall develop policies and procedures
providing instruction specifying how law enforcement agencies,
broadcasters participating in the Emergency Alert System, and any
other intermediate emergency agencies that may institute activation
of the Emergency Alert System, and, where appropriate, other
supplemental warning systems, shall proceed after a law enforcement
agency receives a qualifying report of a missing senior person. Those
policies and procedures shall include, but not be limited to, the
following:
   (1) Procedures for transfer of information regarding the missing
senior citizen from the law enforcement agency to the broadcasters.
   (2) Specification of the event code or codes that should be used
if the Emergency Alert System is activated to report a missing senior
person.
   (3) Recommended language for a missing senior person alert.
   (4) Specification of information that must be included by the
reporting law enforcement agency, including which agency a person
with information relating to the missing senior person should contact
and how that person should contact the agency.
   (5) Recommendations on the extent of the geographical area to
which a missing senior person alert should be broadcast.
   (c) The Department of the California Highway Patrol, in
consultation with the Department of Justice, shall review the Silver
Alert Plan as adopted by other states for guidance in developing
appropriate policies and procedures for use of the Emergency Alert
System and, where appropriate, other supplemental warning systems to
report a missing senior person.
   (d) For the purpose of this section, "senior person" means any
person who is 65 years of age or older.  
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.