SENIOR ASSEMBLY PROPOSAL NO. 12

INTRODUCED BY SENIOR ASSEMBLY MEMBER GERBRACHT

LEGISLATIVE COUNSEL'S DIGEST

AP 12: ELDER AND DEPENDENT ADULT ABUSE: SEXUAL ABUSE OR TOUCHING.

UNDER EXISTING LAW, CERTAIN CRIMES AGAINST AN ELDER OR DEPENDANT ADULT ARE PUNISHABLE BY IMPRISONMENT OR FINE, OR BOTH, AS SPECIFIED.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD AMEND EXISTING LAW TO ADD INFLICTION OF SEXUAL ABUSE OR TOUCHING IN A SEXUAL MANNER AS SET OUT IN PENAL CODE SECTION 243.4 TO THE LIST OF PUNISHABLE CRIMES AGAINST AN ELDER OR DEPENDENT ADULT.

VOTE: MAJORITY.

AP 12: RELATING TO ELDER OR DEPENDENT ADULT ABUSE

WHEREAS, THE LEGISLATURE, IN SECTION 368 OF THE PENAL CODE, DID FIND AND DECLARE “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,” AND

WHEREAS, SECTION 368 OF THE PENAL CODE FURTHER PROVIDES THAT “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 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 STATE PRISON FOR TWO, THREE, OR FOUR YEARS”; AND

WHEREAS, SECTION 368 OF THE PENAL CODE DOES NOT SPECIFICALLY MAKE INFLICTION OF SEXUAL ABUSE OR TOUCHING, IN A SEXUAL MANNER, OF AN ELDER OR DEPENDENT ADULT A PUNISHABLE CRIME; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AMEND SECTION 368 OF THE PENAL CODE BY ADDING INFLICTION OF SEXUAL ABUSE OR TOUCHING, IN A SEXUAL MANNER, AS SET OUT IN PENAL CODE SECTION 243.4, OF AN ELDER OR DEPENDENT ADULT TO THE LIST OF CRIMES PUNISHABLE UNDER THAT SECTION; 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.

RN 08 22028

- 0 -