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

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

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Bill Title: Peace officer standards and training.

Spectrum: Partisan Bill (Democrat 2-0)

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

Download: California-2013-AB2623-Amended.html

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BILL NUMBER: AB 2623	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 27, 2014

INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 21, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


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


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

  SECTION 1.  Section 368.7 is added to the Penal Code, to read:
   368.7.  Local law enforcement agencies shall provide to all peace
officers who would ordinarily respond to reports or incidents of
elder abuse a "Victims of Elder Abuse" card that summarizes the
training received pursuant to subdivision (a) of Section 13515 and
contains the definition of elder abuse pursuant to Section 15610.07
of the Welfare and Institutions Code. The card shall also list the
telephone number for the local adult protective services agency, 
the telephone number for the local long-term care ombudsman, 
and, where available, a telephone number for other services, public
and private, that provide help to elders. The card shall also contain
a statement to inform the victim of his or her right, pursuant to
Section 15657.03 of the Welfare and Institutions Code, to petition
the court for an emergency protective order and an order directing
the attacker to leave the household or a temporary restraining order.

  SEC. 2.  Section 13515 of the Penal Code is amended to read:
   13515.  (a) Every city police officer or deputy sheriff at a
supervisory level and below who is assigned field or investigative
duties shall complete an elder and dependent adult abuse training
course certified by the Commission on Peace Officer Standards and
Training within 18 months of assignment to field duties. Completion
of the course may be satisfied by telecourse, video training tape, or
other instruction. The training shall, at a minimum, include all of
the following subjects:
   (1) Relevant laws.
   (2) Recognition of elder and dependent adult abuse.
   (3) Reporting requirements and procedures.
   (4) Neglect of elders and dependent adults.
   (5) Fraud of elders and dependent adults.
   (6) Physical abuse of elders and dependent adults.
   (7) Psychological abuse of elders and dependent adults.
   (8) The role of the local adult protective services and public
guardian offices.
   (9) The legal rights of, and remedies available to, victims of
elder or dependent adult abuse pursuant to Section 15657.03 of the
Welfare and Institutions Code, including emergency protective orders
and the option to request a simultaneous move-out order, and
temporary restraining orders.
   (10) Verification and enforcement of protective orders when the
suspect is present or has fled.
   (b) When producing new or updated training materials pursuant to
this section, the commission shall consult with the Bureau of
Medi-Cal Fraud and Elder Abuse and other subject matter experts. Any
new or updated training materials shall address all of the following:

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