SENIOR SENATE PROPOSAL NO. 18

INTRODUCED BY SENIOR SENATOR LUNDIN

LEGISLATIVE COUNSEL'S DIGEST

SP 18: STATEWIDE ELDER PROTECTION COURTS.

UNDER EXISTING LAW, CALIFORNIA HAS A SUPERIOR COURT IN EACH COUNTY WITHIN THE ESTATE. THESE COURTS HANDLE ALL CRIMINAL AND CIVIL CASES, INCLUDING FAMILY LAW, PROBATE, AND JUVENILE MATTERS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ESTABLISH COURTS IN EACH CALIFORNIA COUNTY TO EXCLUSIVELY ADJUDICATE CASES WITH ELDER-SENSITIVE ISSUES AND IN WHICH OLDER CALIFORNIANS ARE INVOLVED.

VOTE: MAJORITY.

SP 18: RELATING TO ELDER PROTECTION COURTS

WHEREAS, CALIFORNIA SUPERIOR COURTS ARE DIVIDED INTO DIVISIONS SUCH AS CRIMINAL, JUVENILE, SMALL CLAIMS, AND FAMILY, BUT THERE IS NO COURT SPECIFICALLY TO ASSIST SENIORS WITH THEIR UNIQUE ISSUES; AND

WHEREAS, ELDER ABUSE, REAL ESTATE FRAUD, PROBATE, INVESTMENTS, AND OTHER ELDER-SENSITIVE ISSUES ARE INTERMIXED WITH THE PRESENT SUPERIOR COURT DIVISIONS AND ARE SIGNIFICANTLY DELAYED DUE TO THE OVERWHELMING CASELOAD IN THE COURT SYSTEM; AND

WHEREAS, A TRIAL PROGRAM IN ALAMEDA COUNTY HAS SHOWN THAT, BY GIVING PRIORITY TO CASES INVOLVING ELDERS AND BY NETWORKING CIVIL CASES WITH CRIMINAL CASES, REMARKABLE RESULTS CAN BE ACHIEVED IN LESS TIME; 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 2008 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT COURTS BE ESTABLISHED IN EACH COUNTY IN CALIFORNIA TO EXCLUSIVELY ADJUDICATE CASES WITH ELDER-SENSITIVE ISSUES AND IN WHICH OLDER CALIFORNIANS ARE INVOLVED; 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 PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 08 22226

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