Pending State Legislation Affecting Elder Abuse

Senate Bills

* SB 1715 (by Charles M. Calderon, D-Whittier)--Would create a new crime, willful isolation (false imprisonment), of an elder. Would cut abusers out of victim’s will. Would require people involved in financial, governmental, charitable and religious organizations to report cases of suspected elder financial abuse they encounter. (Referred to Appropriations Committee.)

* SB 1780 (by Steve Peace, D-El Cajon)--Prohibits deceptive contest mailings whose envelopes state or imply that the recipient has won a prize. Supporters say elders are the most frequent victims of such scams. (Passed out of appropriations committee and awaiting vote by the Senate.)

* SB 1808 (by Teresa Hughes, D-Inglewood)--Would mandate a five-year pilot program for elder abuse prevention, protection and education. (Referred to Health and Human Services Committee.)

* SB 1810 (by Hughes)--Would require the state Department of Social Services to make elder abuse one of its highest priorities. Would require the department to enlist support for a comprehensive program, including 24-hour emergency shelters for victims. (Referred to Health and Human Services Committee.)

* SB 1868 (by Hughes)--Would allow police investigators who believe a person is unable to manage financial affairs and is about to be defrauded to serve notice on financial institutions and escrow companies to freeze transactions for at least 30 days. (Referred to Appropriations Committee.)

* SB 2199 (by Bill Lockyer, D-Hayward)--Among other actions, would expand current mandatory reporting of suspected physical abuse of elders to including reporting of abandonment, isolation, financial abuse and neglect. (Referred to Appropriations Committee.)

Assembly Bills

* AB 190 (by Grace Napolitano, D-Norwalk)--Extends the statute of limitations on theft or embezzlement against elders. (Passed Assembly, referred to Senate Public Safety Committee.)

* AB 880 (by Bob Hertzberg, D-Sherman Oaks)--Would broaden existing law to prohibit anyone, not just people “in a position of trust,” from committing theft or embezzlement against an elder. Would provide stiffer sentences for attempted murder of an elder. (Passed Assembly, referred to Senate Public Safety Committee.)

* AB 1440 (by Tom Woods, R-Shasta, and Hertzberg)--Would require caregivers employed under the state In-Home Supportive Services program to submit fingerprints for criminal background checks. (Passed Assembly, referred to Senate Public Safety Committee.)

* AB 1716 (by Kevin Murray, D-Los Angeles)--Would prohibit any lawyer from selling financial products to an elder. Would prohibit lawyers from being paid for referrals to financial organizations that sell to lawyer’s clients. (Approved by Judiciary Committee and awaiting vote by Assembly.)

* AB 2419 (by Woods)--Would require caregivers employed by public social services to undergo criminal background check. Would establish a central database of such checks and make them available to social service agencies and employers. (Referred to Public Safety Committee.)

More Information

California Legislative Counsel on the Internet at http//:www.leginfo.ca.gov

Source: California Legislative Counsel