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 28, 2014
	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 27, 2014

INTRODUCED BY   Assembly Member Pan
    (   Coauthor:   Assembly Member  
Lowenthal   ) 

                        FEBRUARY 21, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2623, as amended, Pan. Elder  and dependent adult 
abuse  training  .
   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.  Existing law also requires the commission to consult
with the Bureau of Medi-Cal Fraud and Elder Abuse and other subject
matter experts when producing new or updated training materials.

   This bill would add to that list of subjects the legal rights and
remedies available to victims of elder  or dependent adult 
abuse and the verification and enforcement of protective orders. 
The bill would also require th   e commission to
additionally consult with local adult protective services offices and
with the Office of the State Long-Term Care Ombudsman when producing
new or updated training materials.  The bill would require
every law enforcement officer  below the rank of supervisor
who is assigned to patrol duties and   who  would
ordinarily respond to elder  or dependent adult  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  and dependent adult  abuse
complaints with a card containing specified information relating to
elder  and dependent adult  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  or dependent adult  abuse a "Victims of Elder  or
Dependent Adult  Abuse" card that summarizes the training
received pursuant to subdivision (a)  and (d)  of Section
13515 and contains the definition of  elder  abuse
 of an elder or dependent adult  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  
elder and dependent adults  . 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  , 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 "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   who
 would ordinarily respond to elder  and   dependent
adult  abuse reports or incidents of domestic violence shall
complete an updated course of instruction on elder  and dependent
adult  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.