SENIOR ASSEMBLY PROPOSAL NO. 4
INTRODUCED BY SENIOR ASSEMBLY MEMBER M. TUCKER
LEGISLATIVE COUNSEL'S DIGEST
AP 4: PROPOSAL TO INCREASE FINES FOR ELDER ABUSE.
UNDER EXISTING LAW, IT IS A CRIME FOR A PERSON WHO KNOWS OR REASONABLY SHOULD KNOW THAT A PERSON IS AN ELDER OR DEPENDENT ADULT, UNDER CIRCUMSTANCES LIKELY TO PRODUCE GREAT BODILY HARM OR DEATH, TO WILLFULLY CAUSE OR PERMIT ANY ELDER OR DEPENDENT ADULT TO SUFFER OR INFLICT UNJUSTIFIABLY PHYSICAL PAIN OR MENTAL SUFFERING THEREON, OR CAUSE OR PERMIT THE ELDER OR DEPENDENT ADULT TO BE PLACED IN A SITUATION IN WHICH HIS OR HER PERSON OR HEALTH IS ENDANGERED, AS SPECIFIED. EXISTING LAW MAKES A VIOLATION OF THIS PROVISION PUNISHABLE BY IMPRISONMENT IN A COUNTY JAIL NOT EXCEEDING ONE YEAR, OR BY A FINE NOT TO EXCEED $6,000, OR BY BOTH THAT FINE AND IMPRISONMENT, OR BY IMPRISONMENT IN THE STATE PRISON FOR 2,3, OR 4 YEARS. UNDER CIRCUMSTANCES OTHER THAN THOSE LIKELY TO PRODUCE GREAT BODILY HARM OR DEATH, THESE ACTIONS SUBJECT A PERSON TO A FINE NOT TO EXCEED $2,000 OR IMPRISONMENT IN A COUNTY JAIL NOT TO EXCEED ONE YEAR, OR BY BOTH THAT FINE AND IMPRISONMENT.
UNDER EXISTING LAW, IT IS A CRIME FOR A PERSON TO VIOLATE A LAW THAT PROSCRIBES THEFT, EMBEZZLEMENT, FORGERY, OR FRAUD, OR IDENTITY THEFT, WITH RESPECT TO THE PROPERTY OR PERSONAL IDENTIFYING INFORMATION OF AN ELDER OR A DEPENDENT ADULT IF THE PERSON WHO KNOWS OR REASONABLY SHOULD KNOW THAT THE VICTIM IS AN ELDER OR A DEPENDENT ADULT. EXISTING LAW MAKES A VIOLATION OF THIS PROVISION PUNISHABLE BY A FINE NOT EXCEEDING $1,000, BY IMPRISONMENT IN A COUNTY JAIL NOT EXCEEDING ONE YEAR, OR BY BOTH THAT FINE AND IMPRISONMENT WHEN THE MONEYS, LABOR, GOODS, SERVICES, OR REAL OR PERSONAL PROPERTY TAKEN OR OBTAINED IS OF VALUE NOT EXCEEDING $950.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD INCREASE THESE FINES BY 10% AND TO TRANSFER THE FUNDS RESULTING FROM THE INCREASE TO LOCAL JURISDICTIONS FOR USE IN COMBATING ELDER ABUSE.
VOTE: MAJORITY.
AP 4: RELATING TO ELDER ABUSE
WHEREAS, THE LEGISLATURE, IN SECTION 13823.2 OF THE PENAL CODE, FOUND AND DECLARED AS FOLLOWS:
(1) THAT VIOLENT AND SERIOUS CRIMES ARE BEING COMMITTED AGAINST THE ELDERLY ON AN ALARMINGLY REGULAR BASIS.
(2) THAT IN 1985, THE UNITED STATES DEPARTMENT OF JUSTICE REPORTED THAT APPROXIMATELY ONE IN EVERY 10 ELDERLY HOUSEHOLDS IN THE NATION WOULD BE TOUCHED BY CRIME.
(3) THAT THE CALIFORNIA DEPARTMENT OF JUSTICE, BASED UPON LIMITED DATA RECEIVED FROM LOCAL LAW ENFORCEMENT AGENCIES, REPORTED THAT APPROXIMATELY 10,000 VIOLENT CRIMES WERE COMMITTED AGAINST ELDERLY VICTIMS IN 1985.
(4) THAT WHILE THE ELDERLY MAY NOT BE THE MOST FREQUENT TARGETS OF CRIME, WHEN THEY ARE VICTIMIZED THE IMPACT OF EACH VICIOUS ATTACK HAS LONG-LASTING EFFECTS. INJURIES INVOLVING, FOR EXAMPLE, A BROKEN HIP MAY NEVER HEAL PROPERLY AND OFTEN LEAVE THE VICTIM PHYSICALLY IMPAIRED. THE LOSS OF MONEY USED FOR FOOD AND OTHER DAILY LIVING EXPENSES FOR THESE COSTS MAY BE LIFE-THREATENING FOR THE OLDER CITIZEN ON A FIXED INCOME. IN ADDITION, STOLEN OR DAMAGED PROPERTY OFTEN CANNOT BE REPLACED; AND
WHEREAS, BETWEEN 1950 AND 2000, THE TOTAL POPULATION INCREASED BY 87 PERCENT, THE POPULATION AGED 65 AND OLDER INCREASED BY 188 PERCENT, AND THE POPULATION 85 YEARS OF AGE AND OLDER INCREASED BY 635 PERCENT; AND
WHEREAS, THE FEDERAL GOVERNMENT SPENDS $6,700,000,000 ON CHILD ABUSE PREVENTION EFFORTS AND ONLY $153,500,000 IS SPENT ON PROGRAMS TO ADDRESS ISSUES OF ELDER ABUSE, NEGLECT, AND EXPLOITATION; 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 2010 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE AMEND SECTION 368 OF THE PENAL CODE TO INCREASE THE AMOUNT OF THE FINES BY 10 PERCENT AND PROVIDE FOR THE TRANSFER OF THE FUNDS RESULTING FROM THE INCREASE TO LOCAL JURISDICTIONS FOR USE IN COMBATING ELDER ABUSE; 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 10 13676
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