SENIOR SENATE PROPOSAL NO. 15

INTRODUCED BY SENIOR SENATOR LUNDIN

(COAUTHOR: SENIOR ASSEMBLY MEMBER ROLFE)

LEGISLATIVE COUNSEL'S DIGEST

SP 15: 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 THE PRESIDING JUDGE IN EACH SUPERIOR COURT IN CALIFORNIA ENCOURAGE THE ADJUDICATION OF CASES INVOLVING ELDER ABUSE IN A COORDINATED AND CONSOLIDATED MANNER, SIMILAR TO THAT ESTABLISHED IN THE COUNTIES OF ALAMEDA AND CONTRA COSTA

VOTE: MAJORITY.

SP 15: 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 PROPERTY 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 OF 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 2012 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFORE, HEREBY PROPOSES THAT THE PRESIDING JUDGE IN EACH SUPERIOR COURT IN CALIFORNIA ENCOURAGE THE ADJUDICATION OF CASES INVOLVING ELDER ABUSE IN A COORDINATED AND CONSOLIDATED MANNER, SIMILAR TO THAT ESTABLISHED IN THE COUNTIES OF ALAMEDA AND CONTRA COSTA; 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.

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RN 12 16415