Bill Text: CA AB2623 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Peace officer standards and training.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 823, Statutes of 2014. [AB2623 Detail]

Download: California-2013-AB2623-Introduced.html

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BILL NUMBER: AB 2623	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk-Silva

                        FEBRUARY 21, 2014

   An act to amend Section 13515 of, and to add Section 368.7 to, the
Penal Code, relating to elder abuse.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2623, as introduced, Quirk-Silva. Elder abuse.
   Existing law requires every city police officer or deputy sheriff
at a supervisory level and below who is assigned field or
investigative duties to complete an elder and dependent adult abuse
training course certified by the Commission on Peace Officer
Standards and Training within 18 months of assignment to field
duties. Existing law specifies certain subjects to be covered by the
training.
   This bill would require that training to include additional
subjects relating to the legal rights and remedies available to
victims of elder abuse. The bill would require every law enforcement
officer below the rank of supervisor who is assigned to patrol duties
and would normally respond to elder abuse reports or incidents of
domestic violence to complete an updated course of instruction on
elder abuse every 2 years. The bill would require local law
enforcement agencies to provide their peace officers who respond to
elder abuse complaints with a card containing specified information
relating to elder abuse, including, among other things, a telephone
number for the local adult protective services agency.
   By imposing additional requirements on local law enforcement
agencies, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 368.7 is added to the Penal Code, to read:
   368.7.  Local law enforcement agencies shall provide to all peace
officers who would normally respond to reports or incidents of elder
abuse a "Victims of Elder Abuse" card that summarizes the training
received pursuant to subdivision (a) of Section 13515 and contains
the definition of elder abuse pursuant to Section 15610.07 of the
Welfare and Institutions Code. The card shall also list the telephone
number for the local adult protective services agency, and, where
available, a telephone number for other services, public and private,
that provide help to elders. The card shall also contain a statement
to inform the victim of his or her right, pursuant to Section
15657.03 of the Welfare and Institutions Code, to petition the court
for an emergency protective order and an order directing the attacker
to leave the household or a temporary restraining order.
  SEC. 2.  Section 13515 of the Penal Code is amended to read:
   13515.  (a) Every city police officer or deputy sheriff at a
supervisory level and below who is assigned field or investigative
duties shall complete an elder and dependent adult abuse training
course certified by the Commission on Peace Officer Standards and
Training within 18 months of assignment to field duties. Completion
of the course may be satisfied by telecourse, video training tape, or
other instruction. The training shall, at a minimum, include all of
the following subjects:
   (1) Relevant laws.
   (2) Recognition of elder and dependent adult abuse.
   (3) Reporting requirements and procedures.
   (4) Neglect of elders and dependent adults.
   (5) Fraud of elders and dependent adults.
   (6) Physical abuse of elders and dependent adults.
   (7) Psychological abuse of elders and dependent adults.
   (8) The role of the local adult protective services and public
guardian offices. 
   (9) The legal rights of, and remedies available to, victims of
elder or dependent adult abuse pursuant to Section 15657.03 of the
Welfare and Institutions Code, including emergency protective orders
and the option to request a simultaneous move-out order, and
temporary restraining orders.  
   (10) Verification and enforcement of protective orders when the
suspect is present or has fled. 
   (b) When producing new or updated training materials pursuant to
this section, the commission shall consult with the Bureau of
Medi-Cal Fraud and Elder Abuse and other subject matter experts. Any
new or updated training materials shall address all of the following:

   (1) The jurisdiction and responsibility of law enforcement
agencies pursuant to Section 368.5.
   (2) The fact that the protected classes of "dependent person" as
defined in Section 288 and "dependent adult" as defined in Section
368 include many persons with disabilities, regardless of the fact
that most of those persons live independently.
   (3) Other relevant information and laws.
   (c) The commission also may inform the law enforcement agencies of
other relevant training materials. 
   (d) Every law enforcement officer below the rank of supervisor who
is assigned to patrol duties and would normally respond to elder
abuse reports or incidents of domestic violence shall complete an
updated course of instruction on elder abuse every two years. The
course shall be developed according to the standards and guidelines
developed pursuant to subdivisions (a) and (b). 
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.