AMENDED IN SENIOR SENATE OCTOBER 27, 2009

SENIOR SENATE PROPOSAL NO. 21

INTRODUCED BY SENIOR SENATOR FROMM

LEGISLATIVE COUNSEL'S DIGEST

SP 21: CONSERVATEE AND DEPENDENT ADULT ABDUCTION.

UNDER EXISTING LAW, SECTION 15610.06 OF THE WELFARE AND INSTITUTIONS CODE DEFINES “ABDUCTION” AS THE REMOVAL FROM THIS STATE AND THE RESTRAINT FROM RETURNING TO THIS STATE, OR THE RESTRAINT FROM RETURNING TO THIS STATE, OF ANY ELDER OR DEPENDENT ADULT WHO DOES NOT HAVE THE CAPACITY TO CONSENT TO THE REMOVAL FROM THIS STATE AND THE RESTRAINT FROM RETURNING TO THIS STATE, OR THE RESTRAINT FROM RETURNING TO THIS STATE, AS WELL AS THE REMOVAL FROM THIS STATE OR THE RESTRAINT FROM RETURNING TO THIS STATE, OF ANY CONSERVATEE WITHOUT THE CONSENT OF THE CONSERVATOR OR THE COURT.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD EXPAND THE SCOPE OF “ABDUCTION” FOR THESE PURPOSES TO INCLUDE REMOVAL OR RESTRAINT AT ANY LOCATION WITHIN THE STATE, THEREBY BRINGING THE LEGAL DEFINITION OF ABDUCTION INTO CONFORMITY WITH THE LEGAL DEFINITION OF KIDNAPPING IN THIS REGARD.

VOTE: MAJORITY.

SP 21: RELATING TO CONSERVATEE AND DEPENDENT ADULT ABDUCTION

WHEREAS, THE CURRENT DEFINITION OF ABDUCTION AS IT RELATES TO CONSERVATEES AND DEPENDENT ADULTS MEANS REMOVAL AND RESTRAINT FROM RETURNING TO THIS STATE OR THE RESTRAINT FROM RETURNING TO THIS STATE OF ANY ELDER OR DEPENDENT ADULT WHO DOES NOT HAVE THE CAPACITY TO CONSENT TO THE REMOVAL FROM THIS STATE AND THE RESTRAINT FROM RETURNING TO THIS STATE, OR THE RESTRAINT FROM RETURNING TO THIS STATE, AS WELL AS THE REMOVAL FROM THIS STATE OR THE RESTRAINT FROM RETURNING TO THIS STATE, OF ANY CONSERVATEE WITHOUT THE CONSENT OF THE CONSERVATOR OR THE COURT; AND

WHEREAS, THE CURRENT DEFINITION OF ABDUCTION AS DESCRIBED DOES NOT APPLY TO INAPPROPRIATE REMOVAL OR RESTRAINT OF CONSERVATEES OR DEPENDENT ADULTS WITHIN THE STATE AND DOES NOT ALLOW FOR ENFORCEMENT ACTIONS BY ADULT PROTECTIVE SERVICES OR OTHER ENFORCEMENT AGENCIES IN THOSE CASES; 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 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT “ABDUCTION” AS DEFINED IN SECTION 15610.06 OF THE WELFARE AND INSTITUTIONS CODE BE AMENDED TO INCLUDE REMOVAL AND RESTRAINT AT ANY LOCATION WITHIN THIS STATE; 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 09 16401

- 0 -