Bill Text: CA SB338 | 2015-2016 | Regular Session | Introduced
Bill Title: Elder abuse.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Failed) 2016-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB338 Detail]
Download: California-2015-SB338-Introduced.html
BILL NUMBER: SB 338 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Morrell
(Coauthor: Assembly Member Waldron)
FEBRUARY 23, 2015
An act to amend Section 368 of the Penal Code, relating to elder
abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 338, as introduced, Morrell. Elder abuse.
Existing law provides that a person who knows or reasonably should
know that the victim is an elder or dependent adult, and under
circumstances or conditions likely to produce great bodily harm or
death, willfully causes or permits the victim to suffer unjustifiable
physical pain or mental suffering, is punishable 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 provide that a person who knows or reasonably
should know that the victim is an elder or dependent adult, and under
circumstances or conditions likely to produce significant or
substantial mental suffering, willfully causes or permits the victim
to suffer unjustifiable mental suffering, is punishable 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.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
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. 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) Any (A) 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 any an elder or dependent adult
to suffer, or inflicts thereon unjustifiable physical pain
or mental suffering , or having the care or custody of
any 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.
(B) 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 significant or substantial mental
suffering, willfully causes or permits an elder or dependent adult to
suffer, or inflicts thereon unjustifiable mental suffering, 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) Any 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, or likely to produce
significant or substantial mental suffering, willfully causes
or permits any an elder or dependent
adult to suffer, or inflicts thereon unjustifiable physical pain or
mental suffering, or having the care or custody of any
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) Any A person who is not a
caretaker who violates any a 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 two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment, or by a fine not exceeding
ten thousand dollars ($10,000), 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) Any A caretaker of an elder or a
dependent adult who violates any a
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 two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment, or by a fine not exceeding
ten thousand dollars ($10,000), 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) Any 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 any
a person who is 65 years of age or older.
(h) As used in this section, "dependent adult" means any
a person who is between the ages of
18 and 64, 64 years of age
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
a person between the ages of
18 and 64 years of age 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
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 This section
shall not 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
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 any
a single offense.
(k) In any case in which When 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 A defendant ordered
to be placed in a counseling program shall be
is 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.
SEC. 2. 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.
