Bill Text: CA AB1906 | 2023-2024 | Regular Session | Amended
Bill Title: California Law Revision Commission: persons with disabilities: terminology.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-09-14 - Chaptered by Secretary of State - Chapter 233, Statutes of 2024. [AB1906 Detail]
Download: California-2023-AB1906-Amended.html
|
Amended
IN
Assembly
March 13, 2024 |
| Introduced by Assembly Member Gipson |
January 23, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law prohibits, and prescribes heightened penalties for, the commission of specified offenses of abuse committed against an elder or dependent person or dependent adult. Existing law also mandates reporting of known or suspected cases of elder and dependent adult abuse. Existing law defines the terms “dependent person” and “dependent adult” for purposes of these provisions.
This bill would change those terms in selected statutes to “person with a disability” and “adult with a disability” and would state the intent of the Legislature that those terms be changed in the remaining code sections provisions of law that use them as changes are made to the code those statutes are amended in the future. The bill would also make conforming changes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8290.7 is added to the Government Code, to read:8290.7.
(a) The Legislature finds and declares all of the following:The Legislature finds and declares all of the following:
(a)The terms “dependent adult” and “dependent person” are misleading because many of the people with disabilities that those terms cover live independently. These terms can mislead law enforcement officers, social workers, and even crime victims and their families to think that many people with disabilities are excluded from the law’s protections.
(b)The term “elder and dependent adult abuse” is cumbersome and often leads to the use of shorthand terms, including the misleadingly narrow “elder abuse” or the misleadingly broad “adult abuse.”
(c)The
term “dependent” demeans and insults people with disabilities who live independently.
(d)Definitions of “dependent adult” or “dependent person” are, for most practical purposes, identical to the definition of “disability” in Section 422.56 of the Penal Code.
(e)It is the intent of the Legislature in enacting this act that the terms “dependent adult” and “dependent person” be replaced in code with the term “adult with a disability” or “person with a disability” in future changes to the code.
(a)If, upon investigation, the registrar has probable cause to believe that a licensee, registrant, or applicant has committed acts or omissions that are grounds for denial, suspension, or revocation of a license or registration, the registrar, or their designee, may issue a letter of admonishment to an applicant, licensee, or registrant in lieu of issuing a citation. Nothing in this article shall in any way limit the registrar’s discretionary authority or ability to issue a letter of admonishment as prescribed by this subdivision.
(b)The letter of admonishment shall be in writing and shall describe in detail the nature and facts of the violation, including a reference to the statutes or regulations violated. The letter of admonishment shall inform the licensee,
registrant, or applicant that within 30 days of service of the letter of admonishment the licensee, registrant, or applicant may do either of the following:
(1)Submit a written request for an office conference to the registrar to contest the letter of admonishment. Upon a timely request, the registrar, or their designee, shall hold an office conference with the licensee, registrant, or applicant and, if applicable, their legal counsel or authorized representative.
(A)No individual other than the legal counsel or authorized representative of the licensee, registrant, or applicant may accompany the licensee, registrant, or applicant to the office conference.
(B)Prior to or at the office conference, the licensee, registrant, or applicant may submit to the registrar declarations and documents pertinent to the subject
matter of the letter of admonishment.
(C)The office conference is intended to be informal and shall not be subject to the Administrative Procedure Act (Chapter 4.5 (commencing with Section 11400) or Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code).
(D)After the office conference, the registrar, or their designee, may affirm, modify, or withdraw the letter of admonishment. Within 14 calendar days from the date of the office conference, the registrar, or their designee, shall personally serve or send the written decision by certified mail to the licensee’s, registrant’s, or applicant’s address of record. This decision shall be deemed the final administrative decision concerning the letter of admonishment.
(E)Judicial review of the decision may be had by filing a
petition for a writ of mandate in accordance with the provisions of Section 1094.5 of the Code of Civil Procedure within 30 days after the date the decision was personally served or sent by certified mail. The judicial review shall extend to the question of whether or not there was a prejudicial abuse of discretion in the issuance of the letter of admonishment or in the decision after the office conference.
(2)Comply with the letter of admonishment and, if required, submit a written corrective action plan to the registrar documenting compliance. If an office conference is not requested pursuant to this section, compliance with the letter of admonishment shall not constitute an admission of the violation noted in the letter of admonishment.
(c)The letter of admonishment shall be served upon the licensee, registrant, or applicant personally or by certified mail at their address of
record with the board. If the licensee, registrant, or applicant is served by certified mail, service shall be effective upon deposit in the United States mail.
(d)The licensee, registrant, or applicant shall maintain and have readily available a copy of the letter of admonishment and corrective action plan, if any, for at least one year from the date of issuance of the letter of admonishment.
(e)Nothing in this subdivision shall in any way limit the board’s authority or ability to do either of the following:
(1)Issue a citation pursuant to Section 125.9, 148, or 7099.
(2)Institute disciplinary proceedings pursuant to this article.
(f)The issuance of a letter of admonishment shall not
be construed as a disciplinary action or discipline for purposes of licensure or the reporting of discipline for licensure.
(g)The board shall not issue a letter of admonishment when any one of the following factors is present:
(1)The licensee, registrant, or applicant was unlicensed at the time of the violation.
(2)The licensee, registrant, or applicant has a history of the same or similar violations.
(3)The violation resulted in financial harm to another.
(4)The victim is an elder or adult
with a disability as described in Section 368 of the Penal Code.
(5)The violation is related to the repair of damage caused by a natural disaster.
(h)The board may adopt regulations to further define the circumstances under which a letter of admonishment may be issued.
(a)Notwithstanding any other law, a provision within a settlement agreement that prevents the disclosure of factual information related to the action is prohibited in any civil action the factual foundation for which establishes a cause of action for civil damages for any of the following:
(1)An act that may be prosecuted as a felony sex offense.
(2)An act of childhood sexual assault, as defined in Section 340.1.
(3)An act of sexual exploitation of a minor, as defined in Section 11165.1 of the Penal Code, or conduct prohibited with respect to a minor pursuant to Section 311.1, 311.5, or 311.6 of the Penal Code.
(4)An act of sexual assault, as defined in paragraphs (1) to (8), inclusive, of subdivision (e) of Section 15610.63 of the Welfare and Institutions Code, against an elder or adult with a disability, as defined in Sections 15610.23 and 15610.27 of the Welfare and Institutions Code.
(b)Notwithstanding any other law, in a civil action described in paragraphs (1) to (4), inclusive, of subdivision (a), a court shall not enter, by stipulation or otherwise, an order that restricts the disclosure of information in a manner that conflicts with subdivision (a).
(c)Subdivisions (a) and (b) do not preclude an agreement
preventing the disclosure of any medical information or personal identifying information, as defined in subdivision (b) of Section 530.55 of the Penal Code, regarding the victim of the offense listed in subdivision (a) or of any information revealing the nature of the relationship between the victim and the defendant. This subdivision shall not be construed to limit the right of a crime victim to disclose this information.
(d)Except as authorized by subdivision (c), a provision within a settlement agreement that prevents the disclosure of factual information related to the action described in subdivision (a) that is entered into on or after January 1, 2017, is void as a matter of law and against public policy.
(e)An attorney’s failure to comply with the requirements of this section by demanding that a provision be included in a settlement agreement that prevents the disclosure
of factual information related to the action described in subdivision (a) that is not otherwise authorized by subdivision (c) as a condition of settlement, or advising a client to sign an agreement that includes such a provision, may be grounds for professional discipline and the State Bar of California shall investigate and take appropriate action in any such case brought to its attention.
For purposes of this title, the following definitions apply:
(a)“Adequate documentation” means documentation that identifies a particular debt, or portion thereof, as coerced debt, describes the circumstances under which the coerced debt was incurred, and takes the form of any of the following:
(1)A police report.
(2)A Federal Trade Commission identity theft report identifying a particular debt, or portion thereof, as coerced, but not as identity theft.
(3)A court order issued pursuant to Section 6340 of the Family Code relating to domestic violence, Section 213.5 of the Welfare and
Institutions Code relating to a dependent or ward of the juvenile court, or Section 15657.03 of the Welfare and Institutions Code relating to elder or
disability abuse.
(4)(A)A sworn written certification from a qualified third-party professional based on information they received while acting in a professional capacity.
(B)The documentation described by subparagraph (A) shall be signed by a qualified third-party professional and display the letterhead, address, and telephone number of the office, institution, center, or organization, as appropriate, that engages or employs, whether financially compensated or not, the qualified third-party professional, or, if the qualified third-party professional is self-employed, the documentation shall display the letterhead, address, and telephone number of the qualified third-party professional.
(b)“Claim” means a right to payment, whether or not that right is
reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, or equitable.
(c)(1)“Claimant” means a person or an entity who has or purports to have a claim against a debtor arising from coerced debt, or that person’s or entity’s successor or assignee. “Claimant” includes, but is not limited to, a debt collector or a debt buyer.
(2)Notwithstanding paragraph (1), “claimant” shall not include a person who caused the claim described in paragraph (1) to arise through duress, intimidation, threat of force, force, fraud, or undue influence perpetrated against the debtor.
(d)“Coerced debt” means a particular debt, or portion thereof, for personal, family, or household use in the name of a debtor who is a victim of domestic violence, or a victim
of elder or disability
abuse, or a person who is a foster youth, incurred as a result of duress, intimidation, threat of force, force, fraud, or undue influence.
(1)For purposes of this subdivision, “domestic violence” has the same meaning as in Section 6211 of the Family Code.
(2)For the purposes of this subdivision, “foster youth” has the same meaning as in Section 42238.01 of the Education Code.
(3)For the purposes of this subdivision, “adult with a disability” has the same meaning as in Section 15610.23 of the Welfare and Institutions Code.
(4)For
the purposes of this subdivision, “elder” has the same meaning as in Section 15610.27 of the Welfare and Institutions Code.
(e)“Debtor” means a person who owes or is otherwise liable for coerced debt.
(f)“Fraud” means an initial fraudulent act that is perpetrated against the debtor.
(g)“Immediate family member” has the same meaning as defined in paragraph (3) of subdivision (h) of Section 1946.7.
(h)“Person” means a natural person.
(i)“Qualified third-party professional” means any of the following:
(1)A domestic violence counselor, as defined in Section 1037.1 of the Evidence Code.
(2)A sexual assault counselor, as defined in Section 1035.2 of the Evidence Code.
(3)A Court-Appointed Special Advocate, as defined in Section 101 of the Welfare and Institutions Code.
(4)A court-appointed attorney, as defined in subdivision (e) of Section 317 of the Welfare and Institutions Code.
(5)A board certified psychiatrist or psychologist.
(6)A licensed marriage and family therapist.
(7)A licensed professional clinical counselor.
(8)A licensed clinical social worker.
(9)A social worker
or caseworker employed by an adult protective service agency for the purposes described in Chapter 13 (commencing with Section 15750) of Part 3 of Division 9 of the Welfare and Institutions Code.
(10)A social worker who has completed the child welfare training program described in Article 2 (commencing with Section 16205) of Chapter 3 of Part 4 of Division 9 of the Welfare and Institutions Code.
(j)(1)“Sworn written certification” means a document in which the author declares under penalty of perjury as true any material fact, and which is accompanied by the following, to the extent that an item listed below is relevant to the debtor’s allegation that the debt is coerced debt:
(A)A copy of the debtor’s driver’s license or identification card, as issued by the state.
(B)Any other identification document that supports the statement that the particular debt, or portion thereof, is coerced debt.
(C)An express statement that the debtor did not willingly authorize the use of the debtor’s name or personal information for incurring the coerced debt, and specific facts supporting the claim of coerced debt, if available, and, if not all of the debt was coerced, a statement identifying the portion thereof that was coerced.
(D)Any available correspondence disputing the coerced debt after transaction information has been provided to the debtor.
(E)Information, if known by the debtor, including, but not limited to, a credit card number or loan number, that can be used by the claimant to identify the account associated with the
coerced debt and the person or persons in whose name the debt was incurred.
(F)The identity of the person or persons who coerced the debtor into incurring the debt and contact information for that person or persons, if known by the debtor, unless the debtor signs a sworn statement that disclosing this information is likely to result in abuse, as defined in Section 6203 of the Family Code, to the debtor or an immediate family member of the debtor.
(G)A telephone number for contacting the person signing the certification concerning any additional information or questions, or direction that further communications to the debtor be in writing only, with the mailing address specified in the statement.
(2)The certification required by this subdivision shall be sufficient if it is in substantially the following form:
“I declare under penalty of perjury that the representations made herein are true, correct, and contain no material omissions of fact.
_______(Date and Place)________ _______(Signature)________”
(a)A law enforcement official shall have discretion to cooperate with immigration authorities only if doing so would not violate any federal, state, or local law, or local policy, and where permitted by the California Values Act (Chapter 17.25 (commencing with Section 7284)). Additionally, the specific activities described in subparagraph (C) of paragraph (1) of subdivision (a) of, and in paragraph (4) of subdivision (a) of, Section 7284.6 shall only occur under the following circumstances:
(1)The individual has been convicted of a serious or violent felony identified in subdivision (c) of Section 1192.7 of, or subdivision (c) of Section 667.5 of, the Penal Code.
(2)The individual has been
convicted of a felony punishable by imprisonment in the state prison.
(3)The individual has been convicted within the past five years of a misdemeanor for a crime that is punishable as either a misdemeanor or a felony for, or has been convicted within the last 15 years of a felony for, any of the following offenses:
(A)Assault, as specified in, but not limited to, Sections 217.1, 220, 240, 241.1, 241.4, 241.7, 244, 244.5, 245, 245.2, 245.3, 245.5, 4500, and 4501 of the Penal Code.
(B)Battery, as specified in, but not limited to, Sections 242, 243.1, 243.3, 243.4, 243.6, 243.7, 243.9, 273.5, 347, 4501.1, and 4501.5 of the Penal Code.
(C)Use of threats, as specified in, but not limited to, Sections 71, 76, 139, 140, 422, 601, and 11418.5 of the Penal
Code.
(D)Sexual abuse, sexual exploitation, or crimes endangering children, as specified in, but not limited to, Sections 266, 266a, 266b, 266c, 266d, 266f, 266g, 266h, 266i, 266j, 267, 269, 288, 288.5, 311.1, 311.3, 311.4, 311.10, 311.11, and 647.6 of the Penal Code.
(E)Child abuse or endangerment, as specified in, but not limited to, Sections 270, 271, 271a, 273a, 273ab, 273d, 273.4, and 278 of the Penal Code.
(F)Burglary, robbery, theft, fraud, forgery, or embezzlement, as specified in, but not limited to, Sections 211, 215, 459, 463, 470, 476, 487, 496, 503, 518, 530.5, 532, and 550 of the Penal Code.
(G)Driving under the influence of alcohol or drugs, but only for a conviction that is a felony.
(H)Obstruction of justice, as specified in, but not limited to, Sections 69, 95, 95.1, 136.1, and 148.10 of the Penal Code.
(I)Bribery, as specified in, but not limited to, Sections 67, 67.5, 68, 74, 85, 86, 92, 93, 137, 138, and 165 of the Penal Code.
(J)Escape, as specified in, but not limited to, Sections 107, 109, 110, 4530, 4530.5, 4532, 4533, 4534, 4535, and 4536 of the Penal Code.
(K)Unlawful possession or use of a weapon, firearm, explosive device, or weapon of mass destruction, as specified in, but not limited to, Sections 171b, 171c, 171d, 246, 246.3, 247, 417, 417.3, 417.6, 417.8, 4574, 11418, 11418.1, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 18745, 18750, and 18755 of, and subdivisions (c) and (d) of Section
26100 of, the Penal Code.
(L)Possession of an unlawful deadly weapon, under the Deadly Weapons Recodification Act of 2010 (Part 6 (commencing with Section 16000) of the Penal Code).
(M)An offense involving the felony possession, sale, distribution, manufacture, or trafficking of controlled substances.
(N)Vandalism with prior convictions, as specified in, but not limited to, Section 594.7 of the Penal Code.
(O)Gang-related offenses, as specified in, but not limited to, Sections 186.22, 186.26, and 186.28 of the Penal Code.
(P)An attempt, as defined in Section 664 of, or a conspiracy, as defined in Section 182 of, the Penal Code, to commit an offense specified in this section.
(Q)A crime resulting in death, or involving the personal infliction of great bodily injury, as specified in, but not limited to, subdivision (d) of Section 245.6 of, and Sections 187, 191.5, 192, 192.5, 12022.7, 12022.8, and 12022.9 of, the Penal Code.
(R)Possession or use of a firearm in the commission of an offense.
(S)An offense that would require the individual to register as a sex offender pursuant to Section 290, 290.002, or 290.006 of the Penal Code.
(T)False imprisonment, slavery, and human trafficking, as specified in, but not limited to, Sections 181, 210.5, 236, 236.1, and 4503 of the Penal Code.
(U)Criminal profiteering and money laundering, as specified in, but not limited
to, Sections 186.2, 186.9, and 186.10 of the Penal Code.
(V)Torture and mayhem, as specified in, but not limited to, Section 203 of the Penal Code.
(W)A crime threatening the public safety, as specified in, but not limited to, Sections 219, 219.1, 219.2, 247.5, 404, 404.6, 405a, 451, and 11413 of the Penal Code.
(X)Elder and disability abuse, as specified in, but not limited to, Section 368 of the Penal Code.
(Y)A hate crime, as specified in, but not limited to, Section 422.55 of the Penal Code.
(Z)Stalking, as specified in, but not limited to, Section 646.9 of the Penal Code.
(AA)Soliciting the commission of a crime, as specified in, but not limited to, subdivision (c) of Section 286 of, and Sections 653j and 653.23 of, the Penal Code.
(AB)An offense committed while on bail or released on his or her own recognizance, as specified in, but not limited to, Section 12022.1 of the Penal Code.
(AC)Rape, sodomy, oral copulation, or sexual penetration, as specified in, but not limited to, paragraphs (2) and (6) of subdivision (a) of Section 261 of, paragraphs (1) and (4) of subdivision (a) of Section 262 of, Section 264.1 of, subdivisions (c) and (d) of Section 286 of, subdivisions (c) and (d) of Section 287 or of former Section 288a of, and
subdivisions (a) and (j) of Section 289 of, the Penal Code.
(AD)Kidnapping, as specified in, but not limited to, Sections 207, 209, and 209.5 of the Penal Code.
(AE)A violation of subdivision (c) of Section 20001 of the Vehicle Code.
(4)The individual is a current registrant on the California Sex and Arson Registry.
(5)The individual has been convicted of a federal crime that meets the definition of an aggravated felony as set forth in subparagraphs (A) to (P), inclusive, of paragraph (43) of subsection (a) of Section 101 of the federal Immigration and Nationality Act (8 U.S.C. Sec. 1101), or is identified by the United States Department of Homeland Security’s Immigration and Customs Enforcement as the subject of an outstanding federal felony arrest
warrant.
(6)In no case shall cooperation occur pursuant to this section for individuals arrested, detained, or convicted of misdemeanors that were previously felonies, or were previously crimes punishable as either misdemeanors or felonies, prior to passage of the Safe Neighborhoods and Schools Act of 2014 as it amended the Penal Code.
(b)In cases in which the individual is arrested and taken before a magistrate on a charge involving a serious or violent felony, as identified in subdivision (c) of Section 1192.7 or subdivision (c) of Section 667.5 of the Penal Code, respectively, or a felony that is punishable by imprisonment in state prison, and the magistrate makes a finding of probable cause as to that charge pursuant to Section 872 of the Penal Code, a law enforcement official shall additionally have discretion to cooperate with immigration officials pursuant to subparagraph
(C) of paragraph (1) of subdivision (a) of Section 7284.6.
(a)There is in the Office of the Attorney General the Division of Medi-Cal Fraud and Elder Abuse, which shall implement Sections 1903(a)(6), 1903(b)(3), and 1903(g) of the federal Social Security Act, as amended by the federal Medicare-Medicaid Anti-Fraud and Abuse Amendments (Public Law 95-142), and is authorized to conduct a statewide program for investigating and prosecuting, and referring for prosecution, violations of all applicable laws pertaining to fraud in the administration of the Medi-Cal program, the provision of medical assistance or medical supplies, or the activities of providers of medical assistance or medical suppliers under the Medi-Cal state plan. The investigation of fraud by beneficiaries of the Medi-Cal program shall be the responsibility of the Audits and Investigations Branch of the State Department of
Health Care Services.
(b)The division shall also review complaints alleging abuse or neglect of patients in health care facilities receiving payments under the Medi-Cal state plan, and may review complaints of the misappropriation of patient’s private funds in those facilities and complaints of discriminatory treatment of Medi-Cal beneficiaries by those facilities.
(1)If the initial review indicates substantial potential for criminal prosecution, the division shall investigate the complaint or refer it to an appropriate criminal investigative or prosecutive authority.
(2)If the initial review does not indicate a substantial potential for criminal prosecution, the division shall inform the referring agency of its determination and may, if appropriate, refer the complaint to the State Department of Health Care
Services.
(c)Local law enforcement and prosecution agencies shall have concurrent jurisdiction with the division to investigate and prosecute violations of law specified in this section.
(d)If the division, in carrying out its duties and responsibilities under subdivisions (a) and (b), discovers that overpayments have been made to a health care facility or other provider of medical assistance or medical supplies under the Medi-Cal state plan, the division shall either attempt to collect the overpayment or refer the matter to the State Department of Health Care Services for collection.
(e)When a prosecuting authority
other than the division elects to prosecute a case reported to the division, the division shall, upon request of that prosecuting authority, ensure that those responsible for the prosecutive decision and the preparation of the case for trial have the opportunity to participate in the investigation from its inception and shall provide all necessary assistance to the prosecuting authority throughout all resulting prosecutions.
(f)The division shall make available to federal investigators or prosecutors all information in its possession concerning fraud in the provision or administration of medical assistance under the Medi-Cal state plan, and shall cooperate with officials in coordinating any federal and state investigations or prosecutions involving the same suspects or allegations.
(g)The division shall safeguard the privacy rights of all individuals and shall provide safeguards
to prevent the misuse of information under its control. Agencies that are required to report complaints alleging abuse or neglect of patients shall maintain the confidentiality of those reports until a time that the report becomes a matter of public record.
(h)The division shall offer training programs to local law enforcement and prosecutorial personnel in investigating and prosecuting crimes against elders and adults with a disability. The division shall offer training programs to the State Department of Health Care Services, the State Department of Social Services, the county adult protective services agencies, and the Long-Term Care Ombudsman in evaluating and documenting criminal abuse against elders
adults with a disability.
(i)The state Long-Term Care Ombudsman, the Licensing and Certification Division in the State Department of Health Care Services, and the Statistical Services Bureau in the State Department of Social Services shall report to the division all instances of abuse and neglect of elders and adults with a disability, as defined in Section 15610 of the Welfare and Institutions Code, that come to their attention.
(j)The
division shall collect information on a statewide basis regarding cases of abuse and neglect of patients in health facilities receiving payments from the Medi-Cal program for the primary purpose of analyzing the information it collects and disseminating its conclusions to local law enforcement agencies and to regulatory and licensing authorities.
(k)For purposes of this section, “division” means the Division of Medi-Cal Fraud and Elder Abuse in the Office of the Attorney General.
(a)(1)An employer shall not discharge or in any manner discriminate or retaliate against an employee who is a victim of an offense listed in paragraph (2) for taking time off from work, upon the victim’s request, to appear in court to be heard at any proceeding, including any delinquency proceeding, involving a postarrest release decision, plea, sentencing, postconviction release decision, or any proceeding in which a right of the victim is at issue.
(2)The offenses include all of the following:
(A)Vehicular manslaughter while intoxicated, as defined in subdivision (b) of Section 191.5 of the Penal Code.
(B)Felony child abuse likely to produce great bodily harm or a death, as defined in Section 273a of the Penal Code.
(C)Assault resulting in the death of a child under eight years of age, as defined in Section 273ab of the Penal Code.
(D)Felony domestic violence, as defined in Section 273.5 of the Penal Code.
(E)Felony physical abuse of an elder or adult with a disability, as described in subdivision (b) of Section 368 of the Penal Code.
(F)Felony stalking, as defined in Section 646.9 of the Penal Code.
(G)Solicitation for murder, as defined in subdivision (b) of Section 653f of the Penal Code.
(H)A serious felony, as defined in subdivision (c) of Section 1192.7 of the Penal Code.
(I)Hit-and-run causing death or injury, as defined in Section 20001 of the Vehicle Code.
(J)Felony driving under the influence causing injury, as defined in Section 23153 of the Vehicle Code.
(K)Sexual assault as set forth in Section 261, 261.5, 262, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 288a of, the Penal Code.
(b)(1)As a condition of taking
time off for a purpose set forth in subdivision (a), the employee shall give the employer reasonable advance notice of the employee’s intention to take time off, unless the advance notice is not feasible.
(2)When an unscheduled absence occurs, the employer shall not take any action against the employee if the employee, within a reasonable time after the absence, provides a certification to the employer. Certification shall be sufficient in the form of any of the following:
(A)A police report indicating that the employee was a victim of an offense specified in subdivision (a).
(B)A court order protecting or separating the employee from the perpetrator of an offense specified in subdivision (a), or other evidence from the court or prosecuting attorney that the employee has appeared in court.
(C)Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an offense specified in subdivision (a).
(3)To the extent allowed by law, the employer shall maintain the confidentiality of any employee requesting leave under subdivision (a).
(c)An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by their
employer because the employee has taken time off for a purpose set forth in subdivision (a) shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer. Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.
(d)(1)An employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against in the terms and conditions of employment by
their employer because the employee has exercised their rights as set forth in subdivision (a) may file a complaint with the Division of Labor Standards Enforcement of the Department of Industrial Relations pursuant to Section 98.7.
(2)Notwithstanding any time limitation in Section 98.7, an employee may file a complaint with the division based upon a violation of subdivision (a) within one year from the date of occurrence of the violation.
(e)An employee may use vacation, personal leave, or compensatory time off that is otherwise available to the employee under the applicable terms of employment, unless otherwise provided by a collective
bargaining agreement, for time taken off for a purpose specified in this section. The entitlement of any employee under this section shall not be diminished by any collective bargaining agreement term or condition.
(f)For purposes of this section, “victim” means any person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term “victim” also includes the person’s spouse, parent, child, sibling, or guardian.
(a)Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
(b)(1)A person who
commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.
(2)A person who is a caretaker and commits an act described in subdivision (a) upon a person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.
(c)(1)A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child
14 or 15 years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.
(2)A person who is a caretaker and commits an act described in subdivision (a) upon a person with a disability,
with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.
(d)In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the victim
who is a person with a disability
resulting from participation in the court process.
(e)(1)Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section
13837.
(2)If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.
(f)For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:
(1)“Caretaker” means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elders or persons with
disabilities:
(A)Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(B)Clinics.
(C)Home health agencies.
(D)Adult day health care centers.
(E)Secondary schools that serve persons with disabilities and postsecondary educational institutions that serve persons
with disabilities or elders.
(F)Sheltered workshops.
(G)Camps.
(H)Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
(I)Respite care facilities.
(J)Foster homes.
(K)Regional centers for persons with developmental disabilities.
(L)A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.
(M)An agency that supplies in-home supportive services.
(N)Board and care facilities.
(O)Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.
(P)Private residences.
(2)“Board and care facilities” means licensed or unlicensed facilities that provide assistance with one or more of the following activities:
(A)Bathing.
(B)Dressing.
(C)Grooming.
(D)Medication storage.
(E)Medical dispensation.
(F)Money management.
(3)(A)“Person with a disability” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts
the person’s ability to carry out normal activities or to protect the person’s rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Person with a disability” includes a person 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.
(B)“Dependent person” means a person with a disability.
(g)Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).
(h)Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an
equivalent domestic relationship with, the
person with a disability who is under care.
(i)(1)A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.
(2)The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.
(3)As used in this subdivision, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.
(a)The Legislature finds and declares that elders, adults whose physical or mental disabilities or other limitations restrict their ability to carry out normal activities or to protect their rights, and adults admitted as inpatients to a 24-hour health facility deserve special consideration and protection.
(b)(1)A person who knows or reasonably should know that a person is an elder or adult with a disability and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or
adult with a disability to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or adult with a disability willfully causes or permits the person or health of the elder or adult with a disability to be injured, or willfully causes or permits the elder or adult
with a disability to be placed in a situation in which their 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)A person who knows or reasonably should know that a person is an elder or adult with a disability and who, under
circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or adult with a disability to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or adult with a disability, willfully causes or permits the person or health of the elder or adult with a disability to be
injured or willfully causes or permits the elder or
adult with a disability to be placed in a situation in which
their 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)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 adult with a disability, and who knows or reasonably should know that the victim is an elder or
adult with a disability, 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)A caretaker of an elder or adult with a disability 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 adult with a disability, 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)A person who commits the false imprisonment of an elder or a adult
with a disability 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 a person who is 65 years of age or older.
(h)As used in this section, “adult with a disability” means a person, regardless of whether the person lives independently, who is between the ages of 18 and 64, who has physical or mental limitations which restrict
their
ability to carry out normal activities or to protect
their rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. “Adult with a disability” includes a person between the ages of 18 and 64 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 a person who has the care, custody, or control of, or who stands in a position of trust with, an elder or adult with a disability.
(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 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 a single offense.
(k)In any case in which a person is convicted of violating these provisions, the court may require them to receive appropriate counseling as a condition of probation. A defendant ordered to be placed in a counseling program shall be responsible for paying the expense of their
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 their inability to pay.
(l)Upon conviction for a violation of subdivision (b), (c), (d), (e), or (f), the sentencing court shall also consider issuing an order restraining the defendant from any contact with the victim, which may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and
their
immediate family. This protective order may be issued by the court whether the defendant is sentenced to state prison or county jail, or if imposition of sentence is suspended and the defendant is placed on probation.
(a)Local law enforcement agencies and state law enforcement agencies with jurisdiction have concurrent jurisdiction to investigate elder and disability abuse and all other crimes against elder victims and victims with disabilities.
(b)Adult protective services agencies and local long-term care ombudsman programs also have jurisdiction within their statutory authority to investigate elder and
disability abuse and criminal neglect, and may assist local law enforcement agencies in criminal investigations at the law enforcement agencies’ request, if consistent with federal law; however, law enforcement agencies retain exclusive responsibility for criminal investigations, notwithstanding any law to the contrary.
(c)(1)Every local law enforcement agency shall, when the agency next undertakes the policy revision process, revise or include in the portion of its policy manual relating to elder and disability abuse, if that policy manual exists, the following information:
(A)The elements of the offense
specified in subdivision (c) of Section 368.
(B)The elements of the offense specified in subdivision (f) of Section 368.
(C)The requirement, pursuant to subdivisions (a) and (b), that law enforcement agencies have the responsibility for criminal investigations of elder and disability abuse and criminal neglect; however, adult protective services agencies and long-term care ombudsman programs have authority to investigate incidents of elder and disability abuse and
neglect and may, if requested and consistent with federal law, assist law enforcement agencies with criminal investigations.
(D)As a guideline to investigators and first responders, the definition of elder and disability abuse, as defined in subparagraph (A) of paragraph (2).
(2)As used in this subdivision, the following terms have the following meanings:
(A)(i)“Elder and disability
abuse” means any of the following:
(I)Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(II)The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
(III)Financial abuse.
(ii)For the purposes of this subparagraph, the terms “abandonment,” “abduction,” “financial abuse,” “goods and services necessary to avoid physical harm or mental suffering,” “isolation,” “mental suffering,” “neglect,” and “physical abuse” have the same meanings as in Article 2 (commencing with Section 15610) of Chapter 11 of Part 3 of Division 9 of the Welfare and Institutions Code.
(B)“Local law enforcement agency” means every municipal police department and county sheriffs’ department.
(C)“Policy manual” means any general orders, patrol manual, duty manual, or other written document or collection of documents that provides field or investigative personnel with policies, procedures, or guidelines for responding to or investigating crimes, complaints, or incidents.
(a)This section shall be known, and may be cited, as the Senior and Disability Justice Act.
(b)As used in this section, the following definitions apply:
(1)“Adult with a disability” has the same meaning as in Section 368.
(2)“Agency protocol” means a
procedure adopted by a local law enforcement agency consistent with the agency’s organizational structure, and stated in a policy adopted pursuant to this section, to effectively and accountably carry out a particular agency responsibility.
(3)“Caretaker” has the same meaning as defined in Section 368 and includes paid and unpaid caretakers.
(4)“Dependent adult” means an adult with a disability.
(5)“Dependent person”
means a person with a disability.
(6)“Disability” includes mental disability and physical disability as defined in Sections 12926 and 12926.1 of the Government Code, regardless of whether those disabilities are temporary, permanent, congenital, or acquired by heredity, accident, injury, illness, or advanced age.
(7)“Domestic violence” has the same meaning as defined in Section 13700 and includes a violation of Section 273.5.
(8)“Elder” has the same meaning as defined in Section 368.
(9)“Elder and
disability abuse” means a violation of Section 368 and includes physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm, pain, or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
(10)“Hate crime” has the same meaning as set forth in Sections 422.55 and 422.56.
(11)“Human trafficking” means a violation of Section 236.1.
(12)“Local law enforcement agency” means every municipal police department and county sheriffs’ department.
(13)“Mandated reporting requirements” means any of the following:
(A)The
requirements of Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4.
(B)The requirements of Sections 15630 and 15630.1 and subdivision (d) of Section 15640 of the Welfare and Institutions Code concerning reporting of elder and disability abuse.
(C)The prohibitions on inhibiting or impeding reporting pursuant to the requirements in subparagraph (A) or (B).
(14)“Person with a disability” has the same meaning as in Section 288.
(15)“Relevant protective order” means an order by a California or out-of-state court, including, but not limited to, a tribal, federal, United States territorial, or United States military court, protecting an elder or person with a disability.
(16)“Responsible agency” means a local, state, or federal agency with responsibilities concerning senior and disability victimization. This includes, but is not limited to, law enforcement agencies, adult protective services agencies, child protective services agencies, the Office of the State Long-Term Care Ombudsman and its designated local agencies, fire and emergency medical services, regional centers pursuant to the Lanterman Developmental Disabilities Services Act, elder and disability service agencies, sexual assault and domestic violence agencies, death review teams for elders and adults with disabilities,
local government human relations commissions, coroners, probate court investigators, public administrators, public guardians, public conservators, district attorney’s offices, city attorney’s offices or other prosecutors with jurisdiction, the Division of Medi-Cal Fraud and Elder Abuse, state licensing agencies, the United States Attorney’s offices, and the Federal Bureau of Investigation.
(17)“Senior and disability victimization” means any of the following:
(A)Elder and disability abuse.
(B)Unlawful interference with a mandated report.
(C)Homicide
of an elder or person with a disability.
(D)Sex crimes against elders or persons with disabilities.
(E)Child abuse of children with disabilities.
(F)Violation of relevant protective orders.
(G)Hate crimes against persons with actual or perceived disabilities, including, but not limited to, disabilities caused by advanced age, or those associated with them.
(H)Domestic violence against elders or persons with disabilities, including disabilities caused by advanced age.
(18)“Sex crime” means either of the following:
(A)An offense requiring registration pursuant to the Sex Offender Registration Act.
(B)A violation of Section 729 of the Business and Professions Code.
(19)“State protection and advocacy agency” means the agency designated pursuant to Division 4.7 (commencing with Section 4900) of the Welfare and Institutions Code.
(20)“Unlawful interference in a mandated report” includes, but is not limited to, inhibiting or impeding reporting in violation of the mandated reporting requirements or a violation of Section 136.1 that concerns the mandated reporting requirements.
(c)Each local law enforcement agency may adopt a policy regarding senior and disability victimization. A municipal police department or county sheriffs’ department that adopts or revises a policy regarding elder and disability abuse or senior and disability victimization on or after April 13, 2021, shall include, but not be
limited to, all of the following items:
(1)Information on the wide prevalence of elder and
disability abuse, sexual assault, other sex crimes, hate crimes, domestic violence, human trafficking, and homicide against adults and children with disabilities, including disabilities caused by advanced age, and including those crimes often committed by caretakers.
(2)A statement of the agency’s commitment to providing equal protection and demonstrating respect for all persons regardless of age or disabilities, and to conscientiously enforcing all criminal laws protecting elders, and adults and children with disabilities, regardless of whether these crimes also carry civil penalties.
(3)The definitions and elements of the offenses specified in paragraph (2) of subdivision (b) of Section 288 and in subdivisions (c) and (f) of Section 368, noting that they protect many persons with disabilities regardless of the fact they live
independently.
(4)(A)The fact that elder and disability abuse, sex crimes, child abuse, domestic violence, and any other criminal act, when committed in whole or in part because of the victim’s actual or perceived disability, including disability caused by advanced age, is also a hate crime.
(B)In recognizing suspected disability-bias hate crimes, the policy shall instruct officers to consider whether there is any indication that the perpetrator committed the criminal act because of bias, including, but not limited to, the bias motivations described in subparagraphs (B) and (C) of paragraph (3) of subdivision (a) of Section 422.87.
(5)An agency protocol and schedule for training officers with both of the following:
(A)The training materials made available by the Commission on Peace Officer Standards and Training pursuant to Sections 13515, 13515.25, 13515.27, 13515.28, 13515.29, 13515.295, 13515.30, 13515.35, and 13519.2. In the case of the training materials identified in each of these sections, the agency protocol shall require the training for, at a minimum, the category of officers for whom that section states that the training is intended or required or, if the section does not state for whom the training material is required or intended, those officers identified pursuant to paragraph (16).
(B)The agency’s policy pursuant to this section.
(6)A requirement that when an
officer intends to interview a victim or witness to an alleged crime and the victim or witness reports or demonstrates deafness or hearing loss, the officer first secure the services of an interpreter as defined in Section 754 of the Evidence Code. The agency shall have a protocol for securing the services of the interpreter to ensure accurate interpretation.
(7)An agency protocol for providing appropriate training concerning the agency’s policy to dispatchers, community services officers, front desk personnel, and other civilian personnel who interact with the public.
(8)(A)The fact that the agency requires officers to investigate every report of senior and disability victimization, and does not dismiss any reports as merely civil matters or for any other reason without an investigation.
(B)An appendix to the policy describing the requirements for these investigations, including, but not limited to, all of the following:
(i)An agency protocol or protocols for cooperating and collaborating whenever possible with the Division of Medi-Cal Fraud and Elder Abuse, other state law enforcement agencies with jurisdiction, adult and child protective services, local long-term care ombudsman programs, and, when appropriate, other responsible agencies.
(ii)Appropriate techniques for interviewing potential victims and witnesses with cognitive or communication disabilities, including, but not limited to, avoiding repeated interviews when possible.
(iii)The elements of the investigation, including, but not limited to, all of the following:
(I)Checking prior reports received by adult or child protective services agencies, local long-term care ombudsman programs, except as provided in Section 9725 of the Welfare and Institutions Code, and any other responsible agencies.
(II)Interviewing each alleged victim, each witness, and each suspect who is available.
(III)Viewing all body-worn camera videos and all other films.
(IV)Listening to all calls from mandated reports or other callers.
(V)Making reasonable efforts to determine whether a person committed unlawful interference in a
mandated report.
(iv)An agency protocol for transmitting the crime report to the appropriate prosecution office if the law enforcement agency recommends prosecution.
(v)If the agency deems it appropriate, the Investigation Response section and Addendum B of the San Diego County Elder and Dependent Adult Abuse Blueprint or the Elder Abuse Guide for Law Enforcement of the National Center on Elder Abuse at the University of Southern California.
(9)(A)A statement that it is the agency’s policy to make arrests or to seek arrest warrants, in accordance with Section 836, and, in the case of domestic violence, as allowed by Section 13701. The policy shall also state the agency protocol for seeking those arrest warrants.
(B)The agency
protocol for arrests for senior and disability victimization other than domestic violence, which shall include, but not be limited to, the following requirements:
(i)When senior and disability victimization is committed in an officer’s presence, including, but not limited to, a violation of a relevant protective order, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others.
(ii)When
a felony is not committed in an officer’s presence, the officer shall make a warrantless arrest based on probable cause when necessary or advisable to protect the safety of the victim or others.
(iii)When a misdemeanor is not committed in the officer’s presence, including, but not limited to, misdemeanor unlawful interference with a mandated report or a misdemeanor violation of a relevant protective order, or when necessary or advisable to protect the safety of the victim or others, the agency shall seek
an arrest warrant based on probable cause.
(iv)The policy shall state the agency protocol for seeking arrest warrants based on probable cause for crimes for which an arrest has not been made.
(10)The fact that senior and disability victimization crimes are also domestic violence subject to the mandatory arrest requirements of Section 836 if they meet the elements described in Section 273.5, including, but not limited to, a violation by a caretaker or other person who is or was a cohabitant of the victim, regardless of whether the cohabitant is or was a relative of, or in an
intimate personal relationship with, the victim.
(11)(A)The fact that many victims of sexual assault and other sex crimes delay disclosing the crimes for reasons including, but not limited to, shame, embarrassment, self-doubt, fear of being disbelieved, and fear of retaliation by the perpetrator or others.
(B)An instruction pursuant to Sections 264.2 and 679.04 to notify potential victims of sex crimes that they have a right to have a support person of their choice present at all times.
(12)The agency’s cross-reporting requirements, including, but not limited to, those pursuant to Section 15640 of the Welfare and Institutions Code, and an agency protocol for carrying out these cross-reporting requirements.
(13)Mandated
reporting requirements, including, but not limited to, officers’ mandated reporting responsibilities and an agency protocol for carrying out the officers’ mandated reporting responsibilities.
(14)The fact that victims and witnesses with disabilities, including cognitive and communication disabilities, can be highly credible witnesses when interviewed appropriately by trained officers or other trained persons.
(15)A procedure for first-responding officers to follow when interviewing persons with cognitive and communication disabilities until officers, or staff of other responsible agencies, with more advanced training, are available. The procedure shall include an instruction to avoid repeated interviews whenever possible.
(16)The unit or office, or multiple units or offices of the agency, or the title or titles of
an officer or officers, tasked with the following responsibilities:
(A)Receiving advanced officer training on senior and disability victimization, available from the Commission on Peace Officer Standards and Training, the United States Department of Justice, the Disability and Abuse Project of the Spectrum Institute, or other sources.
(B)Acting as a liaison to other responsible agencies to increase cooperation and collaboration among them while retaining the law enforcement agency’s exclusive responsibility for criminal investigations.
(C)Reaching out to the senior and disability communities and to the public to encourage prevention and reporting of senior and disability victimization.
(17)An agency protocol for seeking emergency protective orders
by phone from a court at any time of the day or night pursuant to subdivision (d) of Section 6250 of the Family Code, including the court system telephone number for an officer to call, and a requirement that an officer utilize the agency protocol whenever necessary or advisable to protect a victim’s safety.
(18)A requirement that all officers treat an unexplained or suspicious death of an elder or other person with a disability as a potential homicide until a complete investigation, including an autopsy, is completed, and not to assume that the death of an elder or person with a disability is natural simply because of the age or disability of the deceased.
(19)A requirement that, whenever an officer verifies that a relevant protective order has been issued, the officer shall make reasonable efforts to determine if the order prohibits the possession of firearms or requires the relinquishment of firearms, and if the order does so, a requirement that the officer shall make reasonable efforts to do each of the following:
(A)Inquire whether the restrained person possesses firearms. The officer may make this effort by asking the restrained person and the protected person.
(B)Query through the California Law Enforcement Telecommunications System to determine if any firearms are registered to the restrained person.
(C)Receive or seize prohibited firearms located in plain view or pursuant to a consensual or other
lawful search, in compliance with Division 4 (commencing with Section 18250) of Title 2 of Part 6.
(20)Civil remedies and resources available to victims, including, but not limited to, the program administered by the California Victim Compensation Board.
(21)The complete contents of any model policy on senior and disability victimization that the Commission on Peace Officer Standards and Training may develop based on this section, regardless of whether that model policy includes items in addition to those listed in this section.
(22)Use of the full term “elder and disability abuse” in every reference to that
crime, with no shorthand terms, including, but not limited to, “elder abuse” or “adult abuse.”
(23)A detailed checklist of first-responding officers’ responsibilities, including, but not limited to, all of the following:
(A)Taking responsibility for the safety and well-being of the potential victims and witnesses and treating all potential victims, witnesses, and suspects with dignity and respect.
(B)Complying with the provisions of the agency’s policy requirements for arrests and mandatory seeking of arrest warrants pursuant to paragraph (9) and the requirements for seeking emergency protective orders pursuant to paragraph (17).
(C)Following the policy’s guidelines for interviewing persons with cognitive or communication disabilities pursuant to
paragraph (15).
(D)Recognizing that some elders and people with cognitive or communication disabilities may have difficulty narrating events, appear to be poor historians, or lack short-term memory, which adds to their vulnerability and therefore requires officers to make special efforts to provide them with equal protection.
(E)Documenting the scene.
(F)Obtaining a signed medical release from potential victims.
(G)Interviewing caretakers separately, recognizing that in some cases, the caretaker is the perpetrator.
(H)Recognizing that victim cooperation is sometimes unnecessary for prosecution, and that in some cases allowing victims the option of preventing prosecution creates an opportunity for the perpetrators to obstruct justice by pressuring or threatening the victims. Each dispatch call or case should be investigated on its own evidential merits.
(I)Taking other actions necessary to comply with the provisions of the law enforcement agency’s policy pursuant to this section.
(24)The relevant content of any memoranda of understanding or similar agreements or procedures for cooperating with other responsible agencies, consistent with Section 368.5.
(25)A statement of the agency chief executive’s responsibilities, including, but not limited to, all of the
following:
(A)Taking leadership within the agency and in the community, including by speaking out publicly in major cases of senior and disability victimization, to assure the community of the agency’s support for the victims and their families and for others in the community who are terrorized and traumatized by the crimes, and to encourage victims and witnesses to the crimes or similar past or future crimes to report those crimes to help bring the perpetrators to justice and prevent further crimes.
(B)Carrying out specific responsibilities pursuant to this subdivision, including, but not limited to, developing and including agency protocols in this policy.
(C)Ensuring that all officers and staff carry out their responsibilities under the policy.
(26)An agency protocol for transmitting and periodically retransmitting the policy and any related orders to all officers, including a simple and immediate way for officers to access the policy in the field when needed.
(27)(A)A requirement that all officers be familiar with the policy and carry out the policy at all times except in the case of unusual compelling circumstances as determined by the agency’s chief executive or by another supervisory or command-level officer designated by the chief executive.
(B)A responsible officer who makes a determination allowing a deviation from the policy shall produce a report to the agency’s chief executive stating the unusual compelling circumstances. The policy shall include an agency protocol for providing copies of those reports to the alleged victims and reporting parties. The chief executive shall
retain the report for a minimum of five years and shall make it available to the state protection and advocacy agency upon request.
(28)For each agency protocol, either a specific title-by-title list of officers’ responsibilities, or a specific office or unit in the law enforcement agency responsible for implementing the protocol.
(d)If a law enforcement agency adopts or revises a policy regarding senior and disability victimization on or after April 13, 2021, the chief executive shall make it available to the state protection and advocacy agency upon request.
(e)A law enforcement agency that adopts, revises, or has adopted or revised a policy regarding elder and dependent adult abuse in compliance with the requirements of Section 368.5 on or after April 13, 2021, shall also comply with the requirements of
subdivision (c) and (d) of this section.
Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
(a)Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a person with a disability, as defined in
Section 288.
(b)The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness’ next appearance in the preliminary examination.
(a)Notwithstanding any other law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness who is either of the following:
(1)A minor or a
person with a disability as defined in Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.
(2)A person whose life would be subject to a substantial risk in appearing before the general
public, and where no alternative security measures, including, but not limited to, efforts to conceal the person’s features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.
(b)When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is
practicable.
(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 disability 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, at a minimum, shall include all of the following subjects:
(1)Relevant laws.
(2)Recognition of elder and
disability abuse.
(3)Reporting requirements and procedures.
(4)Neglect of elders and adults with a disability.
(5)Fraud of elders and adults with a disability.
(6)Physical abuse of elders and
adults with a disability.
(7)Psychological abuse of elders and adults with a disability.
(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 disability 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.
(b)When producing new or updated training materials pursuant to this section, the commission shall consult with the Division of Medi-Cal Fraud and Elder Abuse, local adult protective services offices, the Office of the State Long-Term Care Ombudsman, 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 “person with a disability,”
as defined in Section 288 and
“adult with a disability,” as described in Section 368, include 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.
(a)Every electrical, gas, heat, or water corporation shall allow every residential customer at least 19 days from the date of mailing its bill for services, postage prepaid, for payment of the charges demanded. A corporation subject to this section shall not terminate residential service for nonpayment of a delinquent account unless the corporation first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the corporation’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.
(b)Every corporation shall make a
reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact at least 24 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the corporation shall give, either by mail or in person, a notice of termination of service at least 48 hours prior to termination.
(c)Every corporation shall make available to its residential customers who are 65 years of age or older, or who are adults with a disability as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the corporation will attempt to notify a person designated by the customer to receive notification when the customer’s
account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the corporation, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d)Every notice of termination of service pursuant to subdivision (a) or (b) shall include all of the following information:
(1)The name and address of the customer whose account is delinquent.
(2)The amount of the delinquency.
(3)The date by which payment or arrangements for payment
is required in order to avoid termination.
(4)The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges.
(5)The procedure by which the customer may request amortization of the unpaid charges.
(6)The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7)The telephone number of a representative of the corporation who can provide additional information or institute arrangements for payment.
(8)The telephone number of the commission to which inquiries by the customer may be directed.
All written notices shall be in a clear and legible format.
(e)Any residential customer whose complaint or request for an investigation has resulted in an adverse determination by the corporation may appeal the determination to the commission. Any subsequent appeal of the dispute or complaint to the commission is not subject to this section.
(f)If a residential customer fails to comply with an amortization agreement, the corporation shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but this notice does not entitle the customer to further investigation by the corporation.
(g)A termination of service shall not be effected without compliance with this
section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer’s billing address.
(a)A public utility furnishing light, heat, water, or power shall not terminate residential service on account of nonpayment of a delinquent account unless the public utility first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the public utility’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.
(b)Every public utility shall make a reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact, at least 24 hours prior to any termination of
service, except that, whenever telephone or personal contact cannot be accomplished, the public utility shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination.
(c)Every public utility shall make available to its residential customers who are 65 years of age or older, or who are adults with a disability as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the public utility will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is
required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the public utility, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d)Every notice of termination of service pursuant to subdivision (a) shall include all of the following information:
(1)The name and address of the customer whose account is delinquent.
(2)The amount of the delinquency.
(3)The date by which payment or arrangements for payment is required in order to avoid termination.
(4)The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information.
(5)The procedure by which the customer may request amortization of the unpaid charges.
(6)The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7)The telephone number of a representative of the public utility who can provide additional information or institute arrangements for payment.
Every notice of termination of service pursuant to subdivision (b) shall include
the items of information in paragraphs (1), (2), (3), (6), and (7).
All written notices shall be in a clear and legible format.
(e)If a residential customer fails to comply with an amortization agreement, the public utility shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but the notice does not entitle the customer to further investigation by the public utility.
(f)A termination of service shall not be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer’s billing address.
(a)A district furnishing light, heat, water, or power shall not terminate residential service on account of nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed not earlier than 19 days from the date of mailing the district’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.
(b)Every district shall make a reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact, at least 24 hours prior to any termination of service, except that,
whenever telephone or personal contact cannot be accomplished, the district shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination.
(c)Every district shall make available to its residential customers who are 65 years of age or older, or who are adults with a disability as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the district will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service.
The residential customer shall make a request for third-party notification on a form provided by the district, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d)Every notice of termination of service pursuant to subdivision (a) shall include all of the following information:
(1)The name and address of the customer whose account is delinquent.
(2)The amount of the delinquency.
(3)The date by which payment or arrangements for payment is required in order to avoid termination.
(4)The procedure by which the customer may
initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information.
(5)The procedure by which the customer may request amortization of the unpaid charges.
(6)The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7)The telephone number of a representative of the district who can provide additional information or institute arrangements for payment.
Every notice of termination of service pursuant to subdivision (b) shall include the items of information in paragraphs (1), (2), (3), (6), and
(7).
All written notices shall be in a clear and legible format.
(e)If a residential customer fails to comply with an amortization agreement, the district shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but the notice does not entitle the customer to further investigation by the district.
(f)A termination of service shall not be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at the customer’s billing address.
(a)A district furnishing light, heat, water, or power, or means for the disposition of garbage, sewage, or refuse matter, shall not terminate residential service on account of nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the district’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.
(b)Every district shall make a reasonable, good faith effort to contact an adult person residing at the premises of the customer by telephone or personal
contact, at least 48 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the district shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination.
(c)Every district shall make available to its residential customers who are 65 years of age or older, or who are adults with a disability as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the district will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall
include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the district, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d)Every notice of termination of service pursuant to subdivision (a) shall include all of the following information:
(1)The name and address of the customer whose account is delinquent.
(2)The amount of the delinquency.
(3)The date by which payment or arrangements for payment is required in order to avoid termination.
(4)The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information.
(5)The procedure by which the customer may request amortization of the unpaid charges.
(6)The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7)The telephone number of a representative of the district who can provide additional information or institute arrangements for payment.
Every notice of termination of service
pursuant to subdivision (b) shall include the items of information in paragraphs (1), (2), (3), (6), and (7).
All written notices shall be in a clear and legible format.
(e)If a residential customer fails to comply with an amortization agreement, the district shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but this notice does not entitle the customer to further investigation by the district.
(f)A termination of service shall not be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of the service, and a notation thereof shall be mailed to the customer the customer’s billing address.
(a)“Abuse of an elder or an adult with a disability” or “elder and disability abuse” means any of the following:
(1)Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(2)The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
(3)Financial abuse, as defined in Section
15610.30.
(b)“Abuse of an elder or dependent adult” means abuse of an elder or an adult with a disability.
(a)“Adult with a disability” means a person, regardless of whether the person lives independently, between 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict the person’s
ability to carry out normal activities or to protect the person’s rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.
(b)“Adult with a disability” includes a person between
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.
(c)“Dependent adult” means an adult with a disability as that term is defined in this section.
(a)A person who has assumed full or intermittent responsibility for the care or custody of an elder or adult with a disability, whether or not they receive compensation, including administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elders or adults with disabilities, or the care custodian of an elder or adult with a
disability,
health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency, is a mandated reporter.
(b)(1)A mandated reporter who, in their professional capacity, or within the scope of their employment, has observed or has knowledge of an incident that reasonably appears to be physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or adult with a disability that they have experienced behavior, including an act or omission, constituting physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects that
abuse, shall report the known, suspected, or alleged instance of abuse by telephone or through a confidential internet reporting tool, as authorized by Section 15658, immediately or as soon as practicably possible. If reported by telephone, a written report shall be sent, or an internet report shall be made through the confidential internet reporting tool established in Section 15658, within two working days.
(A)If the known, suspected, or alleged abuse occurred in a long-term care facility, except a state mental health hospital or a state developmental center, the following shall occur:
(i)If the abuse was allegedly caused by another resident of the facility with dementia diagnosed by a licensed physician and there was no serious bodily injury, the reporter shall submit a written report of the known, suspected, or alleged instance of abuse to both of the following agencies
within 24 hours:
(I)The long-term care ombudsman.
(II)The local law enforcement agency.
(ii)In all other instances, immediately or as soon as practically possible, but no longer than two hours, the reporter shall submit a verbal report of the known, suspected, or alleged instance of abuse to the local law enforcement agency, and shall submit a written report to all of the following agencies within 24 hours:
(I)The long-term care ombudsman.
(II)The local law enforcement agency.
(III)The corresponding state licensing agency.
(iii)For purposes of this
subparagraph, the time limit for reporting begins when the mandated reporter observes, obtains knowledge of, or suspects the abuse or neglect.
(B)When applicable, reports made pursuant to clauses (i) and (ii) of subparagraph (A) shall be deemed to satisfy the reporting requirements of the federal Elder Justice Act of 2009, as set out in Subtitle H of the federal Patient Protection and Affordable Care Act (Public Law 111-148), Section 1418.91 of the Health and Safety Code, and Section 72541 of Title 22 of the California Code of Regulations. When a local law enforcement agency receives an initial report of suspected abuse in a long-term care facility pursuant to subparagraph (A), the local law enforcement agency may coordinate efforts with the local ombudsman to provide the most immediate and appropriate response warranted to investigate the mandated report. The local ombudsman and local law enforcement agencies may collaborate to develop
protocols to implement subparagraph (A).
(C)Notwithstanding the rulemaking provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, or any other law, the department may implement subparagraphs (A) and (B), in whole or in part, by means of all-county letters, provider bulletins, or other similar instructions without taking regulatory action.
(D)With regard to abuse reported pursuant to subparagraphs (A) and (B), the local ombudsman and the local law enforcement agency shall, as soon as practicable, except in the case of an emergency or pursuant to a report required to be made pursuant to clause (v), in which case these actions shall be taken immediately, do all of the following:
(i)Report to the State Department of Public Health any case of known or
suspected abuse occurring in a long-term health care facility, as defined in subdivision (a) of Section 1418 of the Health and Safety Code.
(ii)Report to the State Department of Social Services any case of known or suspected abuse occurring in a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, or in an adult day program, as defined in paragraph (2) of subdivision (a) of Section 1502 of the Health and Safety Code.
(iii)Report to the State Department of Public Health and the California Department of Aging any case of known or suspected abuse occurring in an adult day health care center, as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code.
(iv)Report to the Division of Medi-Cal Fraud and Elder Abuse any case of known or suspected criminal
activity.
(v)Report all cases of known or suspected physical abuse and financial abuse to the local district attorney’s office in the county where the abuse occurred.
(E)(i)If the suspected or alleged abuse or neglect occurred in a state mental hospital or a state developmental center, and the suspected or alleged abuse or neglect resulted in any of the following incidents, a report shall be made immediately, but no later than within two hours of the mandated reporter observing, obtaining knowledge of, or suspecting abuse, to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, and to the local law enforcement agency:
(I)A death.
(II)A sexual assault, as defined
in Section 15610.63.
(III)An assault with a deadly weapon, as described in Section 245 of the Penal Code, by a nonresident of the state mental hospital or state developmental center.
(IV)An assault with force likely to produce great bodily injury, as described in Section 245 of the Penal Code.
(V)An injury to the genitals when the cause of the injury is undetermined.
(VI)A broken bone when the cause of the break is undetermined.
(ii)All other reports of suspected or alleged abuse or neglect that occurred in a state mental hospital or a state developmental center shall be made immediately, but no later than within two hours of the mandated reporter observing, obtaining knowledge of, or
suspecting abuse, to designated investigators of the State Department of State Hospitals or the State Department of Developmental Services, or to the local law enforcement agency.
(iii)When a local law enforcement agency receives an initial report of suspected or alleged abuse or neglect in a state mental hospital or a state developmental center pursuant to clause (i), the local law enforcement agency shall coordinate efforts with the designated investigators of the State Department of State Hospitals or the State Department of Developmental Services to provide the most immediate and appropriate response warranted to investigate the mandated report. The designated investigators of the State Department of State Hospitals or the State Department of Developmental Services and local law enforcement agencies may collaborate to develop protocols to implement this clause.
(iv)Except in
an emergency, the local law enforcement agency shall, as soon as practicable, report any case of known or suspected criminal activity to the Division of Medi-Cal Fraud and Elder Abuse.
(v)Notwithstanding any other law, a mandated reporter who is required to report pursuant to Section 4427.5 shall not be required to report under clause (i).
(F)If the abuse has occurred in any place other than a long-term care facility, a state mental hospital, or a state developmental center, the report shall be made to the adult protective services agency or the local law enforcement agency.
(2)(A)A mandated reporter who is a clergy member who acquires knowledge or reasonable suspicion of elder or
disability abuse during a penitential communication is not subject to paragraph (1). For purposes of this subdivision, “penitential communication” means a communication that is intended to be in confidence, including, but not limited to, a sacramental confession made to a clergy member who, in the course of the discipline or practice of their church, denomination, or organization is authorized or accustomed to hear those communications and under the discipline tenets, customs, or practices of their church, denomination, or organization, has a duty to keep those communications secret.
(B)This subdivision shall not modify or limit a clergy member’s duty to report known or suspected elder and disability
abuse if they are acting in the capacity of a care custodian, health practitioner, or employee of an adult protective services agency.
(C)Notwithstanding this section, a clergy member who is not regularly employed on either a full-time or part-time basis in a long-term care facility or does not have care or custody of an elder or dependent adult shall not be responsible for reporting abuse or neglect that is not reasonably observable or discernible to a reasonably prudent person having no specialized training or experience in the care of elders or people with disabilities.
(3)(A)A mandated reporter who is a physician and surgeon,
a registered nurse, or a psychotherapist, as defined in Section 1010 of the Evidence Code, shall not be required to report, pursuant to paragraph (1), an incident if all of the following conditions exist:
(i)The mandated reporter has been told by an elder or adult with a disability that they have experienced behavior constituting physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect.
(ii)The mandated reporter is unaware of any independent evidence that corroborates the statement that the abuse has occurred.
(iii)The elder or
adult with a disability has been diagnosed with a mental illness or dementia, or is the subject of a court-ordered conservatorship because of a mental illness or dementia.
(iv)In the exercise of clinical judgment, the physician and surgeon, the registered nurse, or the psychotherapist, as defined in Section 1010 of the Evidence Code, reasonably believes that the abuse did not occur.
(B)This paragraph shall not impose upon mandated reporters a duty to investigate a known or suspected incident of abuse and shall not lessen or restrict any existing duty of mandated reporters.
(4)(A)In a long-term care facility, a mandated reporter shall not be required to report as a suspected incident of abuse, as defined in Section 15610.07, an incident if all of the
following conditions exist:
(i)The mandated reporter is aware that there is a proper plan of care.
(ii)The mandated reporter is aware that the plan of care was properly provided or executed.
(iii)A physical, mental, or medical injury occurred as a result of care provided pursuant to clause (i) or (ii).
(iv)The mandated reporter reasonably believes that the injury was not the result of abuse.
(B)This paragraph shall neither require a mandated reporter to seek, nor preclude a mandated reporter from seeking, information regarding a known or suspected incident of abuse before reporting. This paragraph
applies only to those categories of mandated reporters that the State Department of Public Health determines, upon approval by the Division of Medi-Cal Fraud and Elder Abuse and the state long-term care ombudsman, have access to plans of care and have the training and experience necessary to determine whether the conditions specified in this section have been met.
(c)(1)A mandated reporter who has knowledge, or reasonably suspects, that types of elder or disability abuse for which
reports are not mandated have been inflicted upon an elder or adult with a disability, or that their emotional well-being is endangered in any other way, may report the known or suspected instance of abuse.
(2)If the suspected or alleged abuse occurred in a long-term care facility other than a state mental health hospital or a state developmental center, the report may be made to the long-term care ombudsman program. Except in an emergency, the local ombudsman shall report any case of known or suspected abuse to the State Department of Public Health and any case of known or suspected criminal activity to the Division of Medi-Cal Fraud and Elder Abuse, as soon as is practicable.
(3)If the suspected or alleged abuse occurred in a state mental health hospital or a state developmental center, the report may be made to the designated investigator of the State Department of State Hospitals or the State Department of Developmental Services or to a local law enforcement agency. Except in an emergency, the local law enforcement agency shall report any case of known or suspected criminal activity to the Division of Medi-Cal Fraud and Elder Abuse, as soon as is practicable.
(4)If the suspected or alleged abuse occurred in a place other than a place described in paragraph (2) or (3), the report may be made to the county adult protective services agency.
(5)If the conduct involves criminal activity not covered in subdivision (b), it may be immediately reported to the appropriate law enforcement agency.
(d)If two or more mandated reporters are present and jointly have knowledge or reasonably suspect that types of abuse of an elder or an adult with a disability for which a report is or is not mandated have occurred, and there is agreement among them, the telephone report or internet report, as authorized by Section 15658, may be made by a member of the team selected by mutual agreement, and a single report may be made and signed by the selected member of the reporting team. Any member who has knowledge that the member designated to report has failed to do so shall thereafter make the report.
(e)A telephone report or internet report, as authorized by Section 15658, of a known or
suspected instance of elder or
disability abuse shall include, if known, the name of the person making the report, the name and age of the elder or adult with a disability, the present location of the elder or
adult with a disability, the names and addresses of family members or any other adult responsible for the care of the elder or adult with a disability, the nature and extent of the condition of the elder or adult with a disability, the date of the incident, and any other information, including information that led that person to suspect elder or
disability abuse, as requested by the agency receiving the report.
(f)The reporting duties under this section are individual, and a supervisor or administrator shall not impede or inhibit the reporting duties, and a person making the report shall not be subject to any sanction for making the report. However,
internal procedures to facilitate reporting, ensure confidentiality, and apprise supervisors and administrators of reports may be established, provided they are not inconsistent with this chapter.
(g)(1)When this section requires a county adult protective services agency to report to a law enforcement agency, the law enforcement agency shall, immediately upon request, provide a copy of its investigative report concerning the reported matter to that county adult protective services agency.
(2)When
this section requires a law enforcement agency to report to a county adult protective services agency, the county adult protective services agency shall, immediately upon request, provide to that law enforcement agency a copy of its investigative report concerning the reported matter.
(3)The requirement to disclose investigative reports pursuant to this subdivision shall not include the disclosure of social services records or case files that are confidential, nor shall this subdivision allow disclosure of any reports or records if the disclosure would be prohibited by any other state or federal law.
(h)Failure to report, or impeding or inhibiting a report of, physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect of an elder or
adult with a disability, in violation of this section, is a misdemeanor, punishable by not more than six months in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. A mandated reporter who willfully fails to report, or impedes or inhibits a report of, physical abuse, as defined in Section 15610.63, abandonment, abduction, isolation, financial abuse, or neglect of an elder or adult with a disability, in violation of this section, if that abuse results in death or great bodily injury, shall be punished by not more
than one year in a county jail, by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. If a mandated reporter intentionally conceals their failure to report an incident known by the mandated reporter to be abuse or severe neglect under this section, the failure to report is a continuing offense until a law enforcement agency specified in paragraph (1) of subdivision (b) discovers the offense.
(i)For purposes of this section, “adult with a disability” has the same meaning as that term is defined in Section 15610.23.
(a)As described in subdivision (h) of Section 12528 of the Government Code, the division shall offer training programs to local law enforcement and prosecutorial personnel in investigating and prosecuting crimes against elders and adults with a disability, and to the State Department of Health Care Services, the State Department of Social Services, the county adult protective services agencies and to the long-term care ombudsman program in evaluating and documenting criminal abuse against elders and
adults with a disability.
(b)When producing new or updated training materials pursuant to this section, the division shall consult with the Commission on Peace Officer Standards and Training 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 of the Penal Code.
(2)The fact that the protected classes of “person with a disability”
as defined in Section 288 of the Penal Code and
“adult with a disability” as defined in Section 368 of the Penal Code include many persons with disabilities, regardless of the fact that most of those persons live independently.
(3)Other relevant information and laws.
(c)When the division offers or provides new or updated training materials pursuant to this section, the division also may inform the agencies of other relevant training materials.
