Bill Text: CA AB1382 | 2015-2016 | Regular Session | Introduced
Bill Title: Elder abuse.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2016-02-01 - Died at Desk. [AB1382 Detail]
Download: California-2015-AB1382-Introduced.html
BILL NUMBER: AB 1382 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Achadjian
FEBRUARY 27, 2015
An act to amend Section 368 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1382, as introduced, Achadjian. Elder abuse.
Existing law makes it a crime for a person who knows or reasonably
should know that a person is an elder or dependent adult to
willfully cause or permit the person or health of the elder or
dependent adult to be injured, or willfully cause or permit the elder
or dependent adult to be placed in a situation in which his or her
person or health is endangered. Existing law specifies penalties for
a person who violates any provision of law proscribing theft,
embezzlement, forgery, fraud, or specified identify theft provisions
of law when the victim is an elder or a dependent adult.
This bill would make technical, nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 368 of the Penal Code is amended to read:
368. (a) The Legislature finds and declares that crimes
against elders and dependent adults are deserving of
special consideration and protection, not unlike the special
protections provided for minor children, because elders and dependent
adults may be confused, on various medications, mentally or
physically impaired, or incompetent, and therefore less able to
protect themselves, to understand or report criminal conduct, or to
testify in court proceedings on their own behalf.
(b) (1) Any A person who knows or
reasonably should know that a person is an elder or dependent adult
and who, under circumstances or conditions likely to produce great
bodily harm or death, willfully causes or permits any
an elder or dependent adult to suffer, or
inflicts thereon unjustifiable physical pain or mental suffering, or
having the care or custody of any an
elder or dependent adult, willfully causes or permits the person or
health of the elder or dependent adult to be injured, or willfully
causes or permits the elder or dependent adult to be placed in a
situation in which his or her person or health is endangered, is
punishable by imprisonment in a county jail not exceeding one year,
or by a fine not to exceed six thousand dollars ($6,000), or by both
that fine and imprisonment, or by imprisonment in the state prison
for two, three, or four years.
(2) If , in the commission of an offense described in
paragraph (1), the victim suffers great bodily injury, as defined in
Section 12022.7, the defendant shall receive an additional term in
the state prison as follows:
(A) Three years if the victim is under 70 years of age.
(B) Five years if the victim is 70 years of age or older.
(3) If , in the commission of an offense described in
paragraph (1), the defendant proximately causes the death of the
victim, the defendant shall receive an additional term in the state
prison as follows:
(A) Five years if the victim is under 70 years of age.
(B) Seven years if the victim is 70 years of age or older.
(c) Any A person who knows or
reasonably should know that a person is an elder or dependent adult
and who, under circumstances or conditions other than those likely to
produce great bodily harm or death, willfully causes or permits
any an elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or , having the care or custody of any
an elder or dependent adult, willfully causes
or permits the person or health of the elder or dependent adult to be
injured or willfully causes or permits the elder or dependent adult
to be placed in a situation in which his or her person or health may
be endangered, is guilty of a misdemeanor. A second or subsequent
violation of this subdivision is punishable by a fine not to exceed
two thousand dollars ($2,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.
(d) Any A person who is not a
caretaker who violates any provision of law proscribing theft,
embezzlement, forgery, or fraud, or who violates Section 530.5
proscribing identity theft, with respect to the property or personal
identifying information of an elder or a dependent adult, and who
knows or reasonably should know that the victim is an elder or a
dependent adult, is punishable as follows:
(1) By a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment, or by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or four years, or by
both that fine and imprisonment, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a
value exceeding nine hundred fifty dollars ($950).
(2) By a fine not exceeding one thousand dollars ($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 a value not
exceeding nine hundred fifty dollars ($950).
(e) Any A caretaker of an elder or a
dependent adult who violates any provision of law proscribing theft,
embezzlement, forgery, or fraud, or who violates Section 530.5
proscribing identity theft, with respect to the property or personal
identifying information of that elder or dependent adult, is
punishable as follows:
(1) By a fine not exceeding two thousand five hundred dollars
($2,500), or by imprisonment in a county jail not exceeding one year,
or by both that fine and imprisonment, or by a fine not exceeding
ten thousand dollars ($10,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 for two, three, or four years, or by
both that fine and imprisonment, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a
value exceeding nine hundred fifty dollars ($950).
(2) By a fine not exceeding one thousand dollars ($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 a value not
exceeding nine hundred fifty dollars ($950).
(f) Any A person who commits the
false imprisonment of an elder or a dependent adult by the use of
violence, menace, fraud, or deceit is punishable by imprisonment
pursuant to subdivision (h) of Section 1170 for two, three, or four
years.
(g) As used in this section, "elder" means any
a person who is 65 years of age or older.
(h) As used in this section, "dependent adult" means any
a person who is between the ages of
18 and 64 years of age , who has physical or
mental limitations which that restrict
his or her ability to carry out normal activities or to protect his
or her rights, including, but not limited to, persons who have
physical or developmental disabilities or whose physical or mental
abilities have diminished because of age. "Dependent adult" includes
any person between the ages of 18 and 64
years of age who is admitted as an inpatient to a 24-hour
health facility, as defined in Sections 1250, 1250.2, and 1250.3 of
the Health and Safety Code.
(i) As used in this section, "caretaker" means any
a person who has the care, custody, or control
of, or who stands in a position of trust with, an elder or a
dependent adult.
(j) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other
provision of law. However, a person shall not receive an
additional term of imprisonment under both paragraphs (2) and (3) of
subdivision (b) for any a single
offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (b) for any a single
offense.
(k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any A
defendant ordered to be placed in a counseling program shall
be responsible for paying the expense of his or her participation in
the counseling program as determined by the court. The court shall
take into consideration the ability of the defendant to pay, and no
defendant shall be denied probation because of his or her inability
to pay.
