AMENDED IN SENATE OCTOBER 19, 2004

SENIOR SENATE PROPOSAL NO. 12

INTRODUCED BY SENIOR SENATOR YOUNG

LEGISLATIVE COUNSEL'S DIGEST

SP 12: AUTO REPAIR FRAUD: ELDER ABUSE.

UNDER EXISTING LAW, PURSUANT TO SECTION 368 OF THE PENAL CODE, CERTAIN OFFENSES COMMITTED AGAINST ELDERS, DEFINED AS PERSONS OF 65 YEARS OF AGE OR OLDER, ARE CRIMES COMMONLY KNOWN AS "ELDER ABUSE."

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD DEFINE AUTO REPAIR FRAUD COMMITTED AGAINST A PERSON OF 65 YEARS OF AGE OR OLDER AS "ELDER ABUSE."

VOTE: MAJORITY.

SP 12: RELATING TO AUTO REPAIR FRAUD

WHEREAS, AUTO REPAIR FRAUD AND RELATED PROBLEMS ARE AMONG THE MOST FREQUENT COMPLAINTS OF CONSUMERS, ACCORDING TO THE DEPARTMENT OF CONSUMER AFFAIRS; AND

WHEREAS, MOST CONSUMER COMPLAINTS RELATIVE TO AUTO REPAIR FRAUD CONCERN PROBLEMS CONSUMERS HAVE WITH REPAIR OF ENGINES, TRANSMISSIONS, AND AUTO BODIES; AND

WHEREAS, MANY CONSUMERS WHO ARE VICTIMIZED BY AUTO REPAIR FRAUD DO NOT REPORT THE INCIDENTS, WHICH SUGGESTS THAT THE PROBLEM IS EVEN MORE WIDESPREAD; AND

WHEREAS, SENIORS MAY BE VIEWED BY UNSCRUPULOUS AUTO REPAIR OPERATORS AS SOFT TARGETS FOR FRAUD; AND

WHEREAS, IT WOULD BE APPROPRIATE TO CLASSIFY AUTO REPAIR FRAUD WHEN COMMITTED AGAINST A SENIOR AS ELDER ABUSE, THEREBY PROVIDING FOR ENHANCED PENALTIES FOR PERPETRATORS AND DISCOURAGING THE TARGETING OP SENIORS; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2004 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT SECTION 368 OF THE PENAL CODE BE AMENDED TO INCLUDE AUTO REPAIR FRAUD COMMITTED AGAINST SENIORS OF 65 YEARS OF AGE OR OLDER WITHIN THE DEFINITION OF ELDER ABUSE AND TO PROVIDE FOR APPROPRIATE PENALTIES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE  STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER RESOLVED, 

THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.