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  MAY 23, 2014
	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 peace officers.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2623, as amended, Pan.  Elder and dependent adult abuse
training.  Peace officer standards and 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 
of,  and remedies available  to   to,
 victims of elder or dependent adult  abuse and the
verification and enforcement of protective orders.  
abuse, as specified. By imposing additional t   raining
costs on local law enforcement agencies, the bill would impose a
state-mandated local program.  The bill would also require the
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 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 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 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 1.   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 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.   SEC. 2.   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.