Bill Text: CA SB110 | 2009-2010 | Regular Session | Chaptered
Bill Title: People with disabilities: victims of crime.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 617, Statutes of 2010. [SB110 Detail]
Download: California-2009-SB110-Chaptered.html
BILL NUMBER: SB 110 CHAPTERED
BILL TEXT
CHAPTER 617
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2010
APPROVED BY GOVERNOR SEPTEMBER 30, 2010
PASSED THE SENATE AUGUST 19, 2010
PASSED THE ASSEMBLY AUGUST 12, 2010
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
AMENDED IN ASSEMBLY JUNE 16, 2010
AMENDED IN SENATE JANUARY 26, 2010
AMENDED IN SENATE JANUARY 4, 2010
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 21, 2009
AMENDED IN SENATE MARCH 25, 2009
INTRODUCED BY Senator Liu
(Coauthor: Senator Hollingsworth)
(Coauthor: Assembly Member Cook)
JANUARY 28, 2009
An act to amend Sections 11163.6, 11174.5, 11174.7, 13515,
13823.16, 13836.1, and 14213 of, to amend the heading of Article 2.7
(commencing with Section 11174.4) of Chapter 2 of Title 1 of Part 4
of, to add Section 368.5 to, and to add a heading as Chapter 13
(commencing with Section 368) to Title 9 of Part 1 of, the Penal
Code, and to amend Sections 4427.5, 15650, 15654, and 15763 of the
Welfare and Institutions Code, relating to people with disabilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 110, Liu. People with disabilities: victims of crime.
Existing law addresses aspects of the jurisdiction of state
agencies and law enforcement in regard to long-term care facilities
and elder and dependent adult abuse, as specified.
This bill would further specify the jurisdiction of various state
agencies and of law enforcement in regard to investigating those
facilities and that conduct.
Existing law regulates the investigation and prosecution of crimes
against a dependent adult, which is defined to include a person who
is between 18 and 64 years of age, inclusive, and who has a physical
or mental limitation which restricts his or her ability, or
substantially restricts his or her ability, to carry out normal
activities or to protect his or her rights, including, but not
limited to, a person who has a physical or developmental disability
or whose physical or mental abilities have diminished, or
significantly diminished, because of age. Under existing law, the
term also includes any person between 18 and 64 years of age,
inclusive, who is admitted as an inpatient to certain 24-hour health
facilities.
Existing law authorizes any county to establish an interagency
elder death review team to assist local agencies in identifying and
reviewing suspicious elder deaths and facilitating communications
among persons who perform autopsies and persons involved in the
investigation or reporting of elder abuse or neglect. Existing law
establishes procedures for the sharing or disclosure of information
by elder death review teams.
This bill would rename these teams "elder and dependent adult
death review teams" and would expand the authority of these teams to
cover dependent adult death, abuse, and neglect, as specified.
Existing law provides for the training of peace officers.
This bill would require the Commission on Peace Officer Standards
and Training and the Bureau of Medi-Cal Fraud and Elder Abuse to
consult with each other and with other subject matter experts when
producing new or updated training materials relating to elder and
dependent adult abuse, as specified.
Existing law provides for the creation of an advisory committee
responsible for developing a course of training for district
attorneys in the investigation and prosecution of sexual assault
cases, child sexual exploitation cases, and child sexual abuse cases.
Existing law requires that the courses shall include training in the
unique emotional trauma experienced by victims of these crimes.
Existing law requires that the committee shall consist of 11 members
of which 6 shall be public members appointed by the Commission on the
Status of Women, as specified.
This bill would require that one of the appointees of the
Commission on the Status of Women be an expert on crimes against
persons with disabilities or other representative of the disability
community, appointed as specified.
Existing law provides that each county shall establish an
emergency response adult protective services program that shall
provide in-person response, 24 hours per day, 7 days per week, to
reports of abuse of an elder or dependent adult, as specified.
This bill would make technical changes to those provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Crime
Victims with Disabilities Act of 2010.
SEC. 2. The heading of Chapter 13 (commencing with Section 368) is
added to Title 9 of Part 1 of the Penal Code, immediately preceding
Section 368, to read:
CHAPTER 13. CRIMES AGAINST ELDERS, DEPENDENT ADULTS, AND
PERSONS WITH DISABILITIES
SEC. 3. Section 368.5 is added to the Penal Code, to read:
368.5. (a) Local law enforcement agencies and state law
enforcement agencies with jurisdiction shall have concurrent
jurisdiction to investigate elder and dependent adult abuse and all
other crimes against elder victims and victims with disabilities.
(b) Adult protective services agencies and local long-term care
ombudsman programs also have jurisdiction within their statutory
authority to investigate elder and dependent adult abuse and criminal
neglect, and may assist local law enforcement agencies in criminal
investigations at the law enforcement agencies' request, provided,
however, that law enforcement agencies shall retain exclusive
responsibility for criminal investigations, any provision of law to
the contrary notwithstanding.
SEC. 4. Section 11163.6 of the Penal Code is amended to read:
11163.6. In order to ensure consistent and uniform results, data
may be collected and summarized by the domestic violence death review
teams to show the statistical occurrence of domestic violence deaths
in the team's county that occur under the following circumstances:
(a) The deceased was a victim of a homicide committed by a current
or former spouse, fiance, or dating partner.
(b) The deceased was the victim of a suicide, was the current or
former spouse, fiance, or dating partner of the perpetrator and was
also the victim of previous acts of domestic violence.
(c) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a suicide.
(d) The deceased was the perpetrator of the homicide of a former
or current spouse, fiance, or dating partner and the perpetrator was
also the victim of a homicide related to the domestic homicide
incident.
(e) The deceased was a child of either the homicide victim or the
perpetrator, or both.
(f) The deceased was a current or former spouse, fiance, or dating
partner of the current or former spouse, fiance, or dating partner
of the perpetrator.
(g) The deceased was a law enforcement officer, emergency medical
personnel, or other agency responding to a domestic violence
incident.
(h) The deceased was a family member, other than identified above,
of the perpetrator.
(i) The deceased was the perpetrator of the homicide of a family
member, other than identified above.
(j) The deceased had a disability and the homicide was related to
domestic violence.
(k) The deceased was a person not included in the above categories
and the homicide was related to domestic violence.
SEC. 5. The heading of Article 2.7 (commencing with Section
11174.4) of Chapter 2 of Title 1 of Part 4 of the Penal Code is
amended to read:
Article 2.7. Elder and Dependent Adult Death Review Teams
SEC. 6. Section 11174.5 of the Penal Code is amended to read:
11174.5. (a) Each county may establish an interagency elder and
dependent adult death review team to assist local agencies in
identifying and reviewing suspicious elder and dependent adult deaths
and facilitating communication among persons who perform autopsies
and the various persons and agencies involved in elder and dependent
adult abuse or neglect cases.
(b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on elders and dependent
adults to assist coroners and other persons who perform autopsies in
the identification of elder and dependent adult abuse or neglect, in
the determination of whether elder or dependent adult abuse or
neglect contributed to death or whether elder or dependent adult
abuse or neglect had occurred prior to, but was not the actual cause
of, death, and in the proper written reporting procedures for elder
and dependent adult abuse or neglect, including the designation of
the cause and mode of death.
(c) As used in this section, the term "dependent adult" has the
same meaning as in Section 368, and applies regardless of whether the
person lived independently.
SEC. 7. Section 11174.7 of the Penal Code is amended to read:
11174.7. (a) An oral or written communication or a document
shared within or produced by an elder and dependent adult death
review team related to an elder or dependent adult death review is
confidential and not subject to disclosure or discoverable by another
third party.
(b) An oral or written communication or a document provided by a
third party to an elder and dependent adult death review team, or
between a third party and an elder and dependent adult death review
team, is confidential and not subject to disclosure or discoverable
by a third party.
(c) Notwithstanding subdivisions (a) and (b), recommendations of
an elder and dependent adult death review team upon the completion of
a review may be disclosed at the discretion of a majority of the
members of the elder and dependent adult death review team.
SEC. 8. 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.
(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.
SEC. 9. Section 13823.16 of the Penal Code is amended to read:
13823.16. (a) The Comprehensive Statewide Domestic Violence
Program established pursuant to Section 13823.15 shall be
collaboratively administered by the California Emergency Management
Agency (Cal EMA) and an advisory council. The membership of the (Cal
EMA) Domestic Violence Advisory Council shall consist of experts in
the provision of either direct or intervention services to victims of
domestic violence and their children, within the scope and intention
of the Comprehensive Statewide Domestic Violence Assistance Program.
(b) The membership of the council shall consist of domestic
violence victims' advocates, battered women service providers, at
least one representative of service providers serving the lesbian,
gay, bisexual, and transgender community in connection with domestic
violence, and representatives of women's organizations, law
enforcement, and other groups involved with domestic violence. At
least one-half of the council membership shall consist of domestic
violence victims' advocates or battered women service providers. It
is the intent of the Legislature that the council membership reflect
the ethnic, racial, cultural, and geographic diversity of the state,
including people with disabilities. The council shall be composed of
no more than 13 voting members and two nonvoting ex officio members
who shall be appointed, as follows:
(1) Seven voting members shall be appointed by the Governor,
including at least one person recommended by the federally recognized
state domestic violence coalition.
(2) Three voting members shall be appointed by the Speaker of the
Assembly.
(3) Three voting members shall be appointed by the Senate
Committee on Rules.
(4) Two nonvoting ex officio members shall be Members of the
Legislature, one appointed by the Speaker of the Assembly and one
appointed by the Senate Committee on Rules. Any Member of the
Legislature appointed to the council shall meet with the council and
participate in its activities to the extent that participation is not
incompatible with his or her position as a Member of the
Legislature.
(c) The Cal EMA shall collaborate closely with the council in
developing funding priorities, framing the request for proposals, and
soliciting proposals.
(d) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 10. Section 13836.1 of the Penal Code is amended to read:
13836.1. (a) The committee shall consist of 11 members. Five
shall be appointed by the executive director of the agency or
agencies designated by the Director of Finance pursuant to Section
13820, and shall include three district attorneys or assistant or
deputy district attorneys, one representative of a city police
department or a sheriff or a representative of a sheriff's
department, and one public defender or assistant or deputy public
defender of a county. Six shall be public members appointed by the
Commission on the Status of Women, and shall include one
representative of a rape crisis center, one expert on crimes against
persons with disabilities or other representative of the disability
community, and one medical professional experienced in dealing with
sexual assault trauma victims. The committee members shall represent
the points of view of diverse ethnic and language groups.
(b) (1) The Commission on the Status of Women shall appoint the
expert on crimes against persons with disabilities or other
representative of the disability community after consulting the state
protection and advocacy agency, as defined in Section 4900 of the
Welfare and Institutions Code.
(2) The requirement that the Commission on the Status of Women
appoint an expert on crimes against victims with disabilities or
other representative of the disability community shall take effect
upon the occurrence of the first vacancy for a member appointed by
the commission, other than the member who represents a rape crisis
center or the member who is a medical professional, on or after
January 1, 2011.
(c) Members of the committee shall receive no compensation for
their services but shall be reimbursed for their expenses actually
and necessarily incurred by them in the performance of their duties.
Staff support for the committee shall be provided by the agency or
agencies designated by the Director of Finance pursuant to Section
13820.
SEC. 11. Section 14213 of the Penal Code is amended to read:
14213. (a) As used in this title, "missing person" includes, but
is not limited to, a child who has been taken, detained, concealed,
enticed away, or retained by a parent in violation of Chapter 4
(commencing with Section 277) of Title 9 of Part 1. It also includes
any child who is missing voluntarily or involuntarily, or under
circumstances not conforming to his or her ordinary habits or
behavior and who may be in need of assistance.
(b) As used in this title, "evidence that the person is at risk"
includes, but is not limited to, evidence or indications of any of
the following:
(1) The person missing is the victim of a crime or foul play.
(2) The person missing is in need of medical attention.
(3) The person missing has no pattern of running away or
disappearing.
(4) The person missing may be the victim of parental abduction.
(5) The person missing is mentally impaired.
(c) As used in this title, "child" is any person under the age of
18.
(d) As used in this title, "center" means the Violent Crime
Information Center.
(e) As used in this title, "dependent adult" is any person
described in subdivision (h) of Section 368, regardless of whether
the person lives independently.
(f) As used in this title, "dental or medical records or X-rays,"
include all those records or X-rays which are in the possession of a
dentist, physician and surgeon, or medical facility.
SEC. 12. Section 4427.5 of the Welfare and Institutions Code is
amended to read:
4427.5. (a) (1) A developmental center shall immediately report
all resident deaths and serious injuries of unknown origin to the
appropriate local law enforcement agency, which may, at its
discretion, conduct an independent investigation.
(2) The reporting requirements of this subdivision are in addition
to, and do not substitute for, the reporting requirements of
mandated reporters.
(b) The department shall do both of the following:
(1) Annually provide written information to every developmental
center employee regarding all of the following:
(A) The statutory and departmental requirements for mandatory
reporting of suspected or known abuse.
(B) The rights and protections afforded to individuals' reporting
of suspected or known abuse.
(C) The penalties for failure to report suspected or known abuse.
(D) The telephone numbers for reporting suspected or known abuse
or neglect to designated investigators of the department and to local
law enforcement agencies.
(2) On or before August 1, 2001, in consultation with employee
organizations, advocates, consumers, and family members, develop a
poster that encourages staff, residents, and visitors to report
suspected or known abuse and provides information on how to make
these reports.
SEC. 13. Section 15650 of the Welfare and Institutions Code is
amended to read:
15650. (a) Investigation of reports of known or suspected
instances of abuse in long-term care facilities shall be the
responsibility of the bureau, the local law enforcement agency, and
the long-term care ombudsman program.
(b) Investigations of known or suspected instances of abuse
outside of long-term care facilities shall be the responsibility of
the county adult protective services agency, unless another public
agency is given responsibility for investigation in that
jurisdiction, and the local law enforcement agency.
(c) The investigative responsibilities set forth in this section
are in addition to, and not in derogation of or substitution for, the
investigative and regulatory responsibilities of licensing agencies,
such as the State Department of Social Services Community Care
Licensing Division and the State Department of Health Services
Licensing and Certification Division and their authorized
representatives.
(d) Other public agencies involved in the investigation of abuse
or advocacy of respective client populations, or both, include, but
shall not be limited to, the State Department of Mental Health and
the State Department of Developmental Services. Other public agencies
shall conduct or assist in, or both, the investigation of reports of
abuse of elder and dependent adults within their jurisdiction in
conjunction with county adult protective services, local ombudsman
programs and local law enforcement agencies.
(e) Each county adult protective services agency shall maintain an
inventory of all public and private service agencies available to
assist victims of abuse, as defined by Section 15610.07. This
inventory shall be used to refer victims in the event that the county
adult protective services agency cannot resolve the immediate needs
of the victim, and to serve the victim on a long-term, followup
basis. The intent of this section is to acknowledge that limited
funds are available to resolve all suspected cases of abuse reported
to a county adult protective services agency.
(f) Each local ombudsman program shall maintain an inventory of
all public and private agencies available to assist long-term care
residents who are victims of abuse, as defined by Section 15610.07.
This inventory shall be used to refer cases of abuse in the event
that another agency has jurisdiction over the resident, the abuse is
verified and further investigation is needed by a law enforcement or
licensing agency, or the program does not have sufficient resources
to provide immediate assistance. The intent of this section is to
acknowledge that ombudsman responsibility in abuse cases is to
receive reports, determine the validity of reports, refer verified
abuse cases to appropriate agencies for further action as necessary,
and follow up to complete the required report information. Other
ombudsman services shall be provided to the resident, as appropriate.
SEC. 14. Section 15654 of the Welfare and Institutions Code is
amended to read:
15654. (a) As described in subdivision (h) of Section 12528 of
the Government Code, the bureau shall offer training programs to
local law enforcement and prosecutorial personnel in investigating
and prosecuting crimes against elders and dependent adults, and to
the State Department of Health Care Services, the State Department of
Social Services, the county adult protective services agencies and
to the long-term care ombudsman program in evaluating and documenting
criminal abuse against elders and dependent adults.
(b) When producing new or updated training materials pursuant to
this section, the bureau shall consult with the Commission on Peace
Officer Standards and Training 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 of the Penal Code.
(2) The fact that the protected classes of "dependent person" as
defined in Section 288 of the Penal Code and "dependent adult" as
defined in Section 368 of the Penal Code include many persons with
disabilities, regardless of the fact that most of those persons live
independently.
(3) Other relevant information and laws.
(c) When the bureau offers or provides new or updated training
materials pursuant to this section, the bureau also may inform the
agencies of other relevant training materials.
SEC. 15. Section 15763 of the Welfare and Institutions Code is
amended to read:
15763. (a) Each county shall establish an emergency response
adult protective services program that shall provide in-person
response, 24 hours per day, seven days per week, to reports of abuse
of an elder or a dependent adult, for the purpose of providing
immediate intake or intervention, or both, to new reports involving
immediate life threats and to crises in existing cases. The program
shall include policies and procedures to accomplish all of the
following:
(1) Provision of case management services that include
investigation of the protection issues, assessment of the person's
concerns, needs, strengths, problems, and limitations, stabilization
and linking with community services, and development of a service
plan to alleviate identified problems utilizing counseling,
monitoring, followup, and reassessment.
(2) Provisions for emergency shelter or in-home protection to
guarantee a safe place for the elder or dependent adult to stay until
the dangers at home can be resolved.
(3) Establishment of multidisciplinary teams to develop
interagency treatment strategies, to ensure maximum coordination with
existing community resources, to ensure maximum access on behalf of
elders and dependent adults, and to avoid duplication of efforts.
(b) (1) A county shall respond immediately to any report of
imminent danger to an elder or dependent adult in other than a
long-term care facility, as defined in Section 9701 of the Welfare
and Institutions Code, or a residential facility, as defined in
Section 1502 of the Health and Safety Code. For reports involving
persons in a long-term care facility or a residential care facility,
the county shall report to the local long-term care ombudsman
program. Adult protective services staff shall consult, coordinate,
and support efforts of the ombudsman program to protect vulnerable
residents. Except as specified in paragraph (2), the county shall
respond to all other reports of danger to an elder or dependent adult
in other than a long-term care facility or residential care facility
within 10 calendar days or as soon as practicably possible.
(2) An immediate or 10-day in-person response is not required when
the county, based upon an evaluation of risk, determines and
documents that the elder or dependent adult is not in imminent danger
and that an immediate or 10-day in-person response is not necessary
to protect the health or safety of the elder or dependent adult.
(3) The State Department of Social Services, in consultation with
the County Welfare Directors Association, shall develop requirements
for implementation of paragraph (2), including, but not limited to,
guidelines for determining appropriate application of this section
and any applicable documentation requirements.
(4) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department shall implement the requirements developed pursuant to
paragraph (3) by means of all-county letters or similar instructions
prior to adopting regulations for that purpose. Thereafter, the
department shall adopt regulations in accordance with the
requirements of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(c) A county shall not be required to report or respond to a
report pursuant to subdivision (b) that involves danger to an elder
or dependent adult residing in any facility for the incarceration of
prisoners that is operated by or under contract to the Federal Bureau
of Prisons, the Department of Corrections and Rehabilitation, a
county sheriff's department, a county probation department, a city
police department, or any other law enforcement agency when the abuse
reportedly has occurred in that facility.
(d) A county shall provide case management services to elders and
dependent adults who are determined to be in need of adult protective
services for the purpose of bringing about changes in the lives of
victims and to provide a safety net to enable victims to protect
themselves in the future. Case management services shall include the
following, to the extent services are appropriate for the individual:
(1) Investigation of the protection issues, including, but not
limited to, social, medical, environmental, physical, emotional, and
developmental.
(2) Assessment of the person's concerns and needs on whom the
report has been made and the concerns and needs of other members of
the family and household.
(3) Analysis of problems and strengths.
(4) Establishment of a service plan for each person on whom the
report has been made to alleviate the identified problems.
(5) Client input and acceptance of proposed service plans.
(6) Counseling for clients and significant others to alleviate the
identified problems and to implement the service plan.
(7) Stabilizing and linking with community services.
(8) Monitoring and followup.
(9) Reassessments, as appropriate.
(e) To the extent resources are available, each county shall
provide emergency shelter in the form of a safe haven or in-home
protection for victims. Shelter and care appropriate to the needs of
the victim shall be provided for frail and disabled victims who are
in need of assistance with activities of daily living.
(f) Each county shall designate an adult protective services
agency to establish and maintain multidisciplinary teams including,
but not limited to, adult protective services, law enforcement,
probation departments, home health care agencies, hospitals, adult
protective services staff, the public guardian, private community
service agencies, public health agencies, and mental health agencies
for the purpose of providing interagency treatment strategies.
(g) Each county shall provide tangible support services, to the
extent resources are available, which may include, but not be limited
to, emergency food, clothing, repair or replacement of essential
appliances, plumbing and electrical repair, blankets, linens, and
other household goods, advocacy with utility companies, and emergency
response units.
