Bill Text: CA AB332 | 2011-2012 | Regular Session | Introduced

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

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Bill Title: Elder abuse.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2011-09-30 - Chaptered by Secretary of State - Chapter 366, Statutes of 2011. [AB332 Detail]

Download: California-2011-AB332-Introduced.html

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BILL NUMBER: AB 332	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Butler

                        FEBRUARY 10, 2011

   An act to amend Section 368 of the Penal Code, relating to elder
abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 332, as introduced, Butler. Elder abuse.
   Existing law provides that any person who is not a caretaker of an
elder or dependent adult, who knows or reasonably should know that
the victim is an elder or a dependent adult, or any person who is a
caretaker of an elder or dependent adult, and that person violates
specified identity theft provisions of law, with respect to the
property or personal identifying information of an elder or a
dependent adult, is punishable by imprisonment in a county jail not
exceeding one year, or in the state prison for 2, 3, or 4 years, when
the moneys, labor, goods, services, or real or personal property
taken or obtained is of a value exceeding $950, or by a fine not
exceeding $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 $950.
   This bill would instead provide that the penalties would be (1)
for a first offense, imprisonment in a county jail not exceeding one
year, or in the state prison for 2, 3, or 4 years, and a fine of at
least $5,000, and for each subsequent offense, those same penalties
and an additional fine of at least $3,000 for each subsequent
violation, when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding $950; and
(2) for a first offense, by a fine of at least $5,000 and
imprisonment in a county jail not exceeding one year, and for each
subsequent offense, those same penalties and an additional fine of at
least $3,000 for each subsequent violation, when the moneys, labor,
goods, services, or real or personal property taken or obtained is of
a value not exceeding $950.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 368 of the Penal Code is amended to read:
   368.  (a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or
report criminal conduct, or to testify in court proceedings on their
own behalf.
   (b) (1) Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances or
conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of any elder or dependent adult, willfully causes
or permits the person or health of the elder or dependent adult to
be injured, or willfully causes or permits the elder or dependent
adult to be placed in a situation in which his or her person or
health is endangered, is punishable by imprisonment in a county jail
not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.
   (2) If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in Section
12022.7, the defendant shall receive an additional term in the state
prison as follows:
   (A) Three years if the victim is under 70 years of age.
   (B) Five years if the victim is 70 years of age or older.
   (3) If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:
   (A) Five years if the victim is under 70 years of age.
   (B) Seven years if the victim is 70 years of age or older.
   (c) Any person who knows or reasonably should know that a person
is an elder or dependent adult and who, under circumstances or
conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any elder or dependent
adult, willfully causes or permits the person or health of the elder
or dependent adult to be injured or willfully causes or permits the
elder or dependent adult to be placed in a situation in which his or
her person or health may be endangered, is guilty of a misdemeanor. A
second or subsequent violation of this subdivision is punishable by
a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
   (d)  (1)    Any person who is not a caretaker
who violates any provision of law proscribing theft, embezzlement,
forgery, or fraud,  or who violates Section 530.5 proscribing
identity theft,  with respect to the property or personal
identifying information of an elder or a dependent adult, and who
knows or reasonably should know that the victim is an elder or a
dependent adult, is punishable  by   as follows:

    (A)     By  imprisonment in a county
jail not exceeding one year, or in the state prison for two, three,
or four years, when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding nine
hundred fifty dollars ($950)  ; and by   . 

    (B)     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). 
   (2) Any person who is not a caretaker who violates Section 530.5
proscribing identity theft with respect to the property or personal
identifying information of an elder or a dependent adult, and who
knows or reasonably should know that the victim is an elder or a
dependent adult, is punishable as follows:  
   (A) For a first offense, by imprisonment in a county jail not
exceeding one year, or in the state prison for two, three, or four
years, and a fine of at least five thousand dollars ($5,000), and for
each subsequent offense, those same penalties and an additional fine
of at least three thousand dollars ($3,000) for each subsequent
violation, when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding nine
hundred fifty dollars ($950).  
   (B) For a first offense, by a fine of at least five thousand
dollars ($5,000) and by imprisonment in a county jail not exceeding
one year, and for each subsequent offense, those same penalties and
an additional fine of at least three thousand dollars ($3,000) for
each subsequent violation, 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)  (1)    Any caretaker of an elder or a
dependent adult who violates any provision of law proscribing theft,
embezzlement, forgery, or fraud,  or who violates Section
530.5 proscribing identity theft,  with respect to the
property or personal identifying information of that elder or
dependent adult, is punishable  by   as follows:

    (A)     By  imprisonment in a county
jail not exceeding one year, or in the state prison for two, three,
or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding nine
hundred fifty dollars ($950)  , and   by
  . 
    (B)     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). 
   (2) Any caretaker of an elder or a dependent adult who violates
Section 530.5 proscribing identity theft, with respect to the
property or personal identifying information of that elder or
dependent adult, is punishable as follows:  
   (A) For a first offense, by imprisonment in a county jail not
exceeding one year, or in the state prison for two, three, or four
years, and a fine of at least five thousand dollars ($5,000) and for
each subsequent offense, those same penalties and an additional fine
of at least three thousand dollars ($3,000) for each subsequent
violation, when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding nine
hundred fifty dollars ($950).  
   (B) For a first offense, by a fine of at least five thousand
dollars ($5,000) and imprisonment in a county jail not exceeding one
year, and for each subsequent offense, those penalties and an
additional fine of at least three thousand dollars ($3,000) for each
subsequent violation when the moneys, labor, goods, services, or real
or personal property taken or obtained is of a value not exceeding
nine hundred fifty dollars ($950). 
   (f) Any person who commits the false imprisonment of an elder or a
dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or
four years.
   (g) As used in this section, "elder" means any person who is 65
years of age or older.
   (h) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 64
who is admitted as an inpatient to a 24-hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety
Code.
   (i) As used in this section, "caretaker" means any person who has
the care, custody, or control of, or who stands in a position of
trust with, an elder or a dependent adult.
   (j) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b) for
any single offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (b) for any single offense.
   (k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant ordered to be
placed in a counseling program shall be responsible for paying the
expense of his or her participation in the counseling program as
determined by the court. The court shall take into consideration the
ability of the defendant to pay, and no defendant shall be denied
probation because of his or her inability to pay.