AMENDED IN SENIOR SENATE OCTOBER 27, 2009

SENIOR SENATE PROPOSAL NO. 9

INTRODUCED BY SENIOR SENATOR LUNDIN

LEGISLATIVE COUNSEL'S DIGEST

SP 9: STATEWIDE ELDER PROTECTION COURTS.

UNDER EXISTING LAW, THERE IS A SUPERIOR COURT IN EACH COUNTY IN CALIFORNIA. THESE COURTS HANDLE VARIOUS CRIMINAL AND CIVIL CASES, INCLUDING FAMILY LAW, PROBATE, AND JUVENILE MATTERS.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT COUNTIES CONSIDER ESTABLISHING A COURT EXCLUSIVELY FOR ADJUDICATION OF ELDER ABUSE AND ELDER-SENSITIVE ISSUES, SIMILAR TO THE COURT OF THAT NATURE ESTABLISHED IN ALAMEDA COUNTY.

VOTE: MAJORITY.

SP 9: RELATING TO ELDER PROTECTION COURTS

WHEREAS, THE SUPERIOR COURTS OF THIS STATE OFTEN ARE DIVIDED INTO DIVISIONS THAT HAVE A SPECIALIZED JURISDICTION AND ARE REFERRED TO BY THE NAME OF THE PROCEEDINGS OVER WHICH THEY HAVE JURISDICTION, INCLUDING THE CRIMINAL COURT, FAMILY COURT, PROBATE COURT, AND TRAFFIC COURT, AMONG OTHER COURTS; AND

WHEREAS, CASES INVOLVING ELDER ABUSE, INCLUDING, BUT NOT LIMITED TO, PHYSICAL ABUSE, REAL ESTATE AND FINANCIAL FRAUD TARGETING ELDER PR0PERTY OWNERS, AND OTHER CIVIL AND CRIMINAL MATTERS INVOLVING ELDER ADULTS ARE SIGNIFICANTLY DELAYED DUE TO THE OVERBURDENED COURT SYSTEM; AND

WHEREAS, THE ELDER ABUSE PROTECTION COURT PROJECT IN THE SUPERIOR COURT IN ALAMEDA COUNTY HAS DEMONSTRATED THAT, BY DEDICATING A COURT CALENDAR TO ELDER ABUSE CASES, BY PROVIDING UNIQUE SERVICES TO ELDERS, SUCH AS A SHORTER WAIT TIME IN THE COURTROOM AND MORE PRIVACY FOR PUBLIC HEARINGS, AND BY COLLABORATING WITH COMMUNITY AGENCIES TO PROVIDE SPECIALIZED SERVICES TO ELDER PERSONS IN THE COURT SYSTEM, 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 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT COUNTIES CONSIDER ESTABLISHING A COURT EXCLUSIVELY FOR THE ADJUDICATION OF ELDER ABUSE AND ELDER-SENSITIVE ISSUES, SIMILAR TO THE COURT OF THAT NATURE ESTABLISHED IN ALAMEDA COUNTY; 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 16378

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