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

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-Amended.html

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BILL NUMBER: AB 332	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 11, 2011
	AMENDED IN ASSEMBLY  APRIL 6, 2011
	AMENDED IN ASSEMBLY  MARCH 29, 2011

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 amended, 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 a 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  increase the maximum fines for those
  make those  offenses  to  
punishable by a fine not exceeding  $2,500  , or by
imprisonment in the county jail not exceeding one year, or by both
that fine or imprisonment, or alternatively by a fine not exceeding
$10,000, or by imprisonment in a state prison for 2, 3, or 4 years,
or by both that fine and imprisonment,  if the value of the
assets taken is  less than $950, to $5,000 if the value of
the assets taken exceeds $950 but does not exceed $100,000, and to
$25,000 if the value of the assets taken exceeds $100,000 
 of a value exceeding $950  . The bill would make other
technical, nonsubstantive changes.
   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  , as amended by
Section 9 of Chapter 28 of the Third Extraordinary Session of the
Statutes of 2009,  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) 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 as follows:

   (1) By a fine not exceeding twenty-five thousand dollars
($25,000), by imprisonment in a county jail not exceeding one year,
or in the state prison 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
one hundred thousand dollars ($100,000).  
   (2) 
    (1)  By a fine not exceeding  five thousand
dollars ($5,000),   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  in the state prison 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)  , but
not exceeding one hundred thousand dollars ($100,000)  .

    (3) 
    (2)  By a fine not exceeding two thousand five
hundred dollars ($2,500)   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) 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  as follows: 

   (1) By a fine not exceeding twenty-five thousand dollars
($25,000), by imprisonment in a county jail not exceeding one year,
or in the state prison 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
one hundred thousand dollars ($100,000).  
    (2) 
    (1)  By a fine not exceeding  five thousand
dollars ($5,000),   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  in the state prison 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)  , but
not exceeding one hundred thousand dollars ($100,000)  .

    (3) 
    (2)  By a fine not exceeding  two thousand five
hundred dollars ($2,500)   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) 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.