Bill Text: CA SB110 | 2009-2010 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
BILL NUMBER: SB 110 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
JANUARY 28, 2009
An act to amend Sections 11163.6, 11174.35, 11174.5, 11174.7,
13519.64, 13823.7, 13823.9, 13823.13, 13823.16, 13836, 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
Sections 368.1, 368.5, and 13519.65 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, 4427.5, 15610.19, and 15763
of, to add Section 4689.25 to, and to add Chapter 10.5 (commencing
with Section 15590) to Part 3 of Division 9 of, the Welfare and
Institutions Code, relating to people with disabilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 110, as introduced, Liu. People with disabilities: victims of
crime.
Existing law regulates the investigation and prosecution of crimes
against dependent adults, which is defined to include persons who
are between 18 and 64 years of age, inclusive, and who have 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, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished, or
significantly diminished, because of age. Under existing law, the
phrase also includes any person between 18 and 64 years of age,
inclusive, who is admitted as an inpatient to certain 24-hour health
facilities.
This bill would state that it is the intent of the Legislature to
strongly encourage law enforcement agencies and district attorneys to
develop and adopt certain training, investigation, and prosecution
practices relevant to victims with disabilities, as specified. This
bill would require the Department of Justice to send a bulletin to
law enforcement agencies and district attorneys describing that
intent, as well as the laws relating to the protection of persons
with disabilities, as specified.
Existing law authorizes the creation of Domestic Violence Death
Review Teams, Child Death Review Teams, and Elder Death Review Teams,
as specified.
This bill would state that information related to deaths of
children with disabilities and people with disabilities killed as a
result of domestic violence is included in procedures relating to
Child Death Review Teams and Domestic Violence Death Review Teams, as
specified. This bill would also include within the authority of an
Elder Death Review Team the review of deaths involving dependent
adults, as specified.
Existing law regulates the procedures and practices of long-term
care ombudsman programs, adult protective services agencies, as well
as certain state agencies, relative to the protection, investigation,
and reporting of suspected crimes involving persons with
disabilities, as specified.
This bill would require the State Department of Developmental
Services to either immediately report a case of suspected abuse or
neglect of a person held in custody as developmentally disabled to
local law enforcement, or ascertain the facts and then report
confirmed cases of abuse to the local law enforcement agency, as
specified.
Existing law provides that the California Emergency Management
Agency is the lead agency responsible for coordinating state agencies
involved in protecting elders and dependent adults, as specified.
This bill would require the California Emergency Management Agency
to convene a working group on crimes against elders, dependent
adults, and people with disabilities, as specified.
Existing law establishes, until January 1, 2010, the Domestic
Violence Advisory Council, and specifies its membership.
This bill would state the intent of the Legislature that persons
with disabilities be included as members of the council, and would
extend the operation of the council to January 1, 2015.
Existing law requires certain persons to report known or suspected
cases of abuse against elders and dependent adults, as specified,
and makes the failure to report that conduct a misdemeanor.
This bill would state that no state or local agency is required to
update their training regarding that additional reporting
requirement but that it is the intent of the Legislature that the
training be updated, if possible, without substantial cost, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
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 2009.
SEC. 2. The Legislature finds and declares as follows:
(a) A large body of research indicates that people with mental and
physical disabilities in California and throughout the United States
are victimized by violent crime and major property crime at much
higher rates than the general population.
(b) At least 13,500 American adults with disabilities are victims
of criminal violence every day--562 every hour. At least 410 children
with disabilities are victimized every day--17 every hour.
(c) People with disabilities who are abused experience both more
prolonged and more severe abuse on the average than other crime
victims. Evidence suggests that the harmful effects may be more
serious and chronic for victims with disabilities.
(d) California and national research has found particularly
disturbing indications, including:
(1) Californians with developmental disabilities are victimized 4
to 10 times more frequently than the general population, and they are
at a higher risk of revictimization.
(2) The rate of victimization of Californians with severe and
persistent mental illness is 1,970 percent that of the general
population. The rate of victimization for those diagnosed with both
mental illness and substance abuse is 6,300 percent of that of the
general population.
(3) Of Californians with development disabilities, about 8 in 10
women and 4 in 10 men have been sexually abused. About 4 in 10 women
and 2 in 10 men have been sexually abused at least 10 times.
(4) More than 8,000 California children with disabilities were
reported by Child Protective Services to be victims of maltreatment
in 2005--about one per hour.
(5) Mentally ill prison and jail inmates face a significantly
higher risk of being the victims of violence, particularly sexual
abuse, than other inmates.
(6) People often become homeless because of disabilities, and
those who were able when they were housed typically become disabled
due to their homelessness. Homeless Californians are much more likely
than the housed population to become crime victims -- more than 6
out of 10 are victimized every year, 2 out of 10 at least five times
in one year. Their disabilities increase the likelihood of
victimization still further. The lifetime risk of victimization for
seriously mentally ill, episodically homeless women is 97 percent.
(7) People with disabilities, both those who live at home and
those who live in institutions, are often victims of domestic and
family violence and other crimes by caregivers.
(8) Elders and children with disabilities are particularly at risk
of becoming victims of abuse, neglect, and other major crimes.
(e) Research indicates that criminals select people with
disabilities as their victims because of two major categories of
motivations, as follows:
(1) Hostility toward those who arouse guilt, fear of those whose
visible traits are perceived as disturbing to others, a perception
that people with disabilities are inferior and therefore "deserving
victims," and resentment of those who require and increasingly demand
alternative physical and social accommodations.
(2) Belief that people with disabilities are especially
vulnerable, a belief that is often well founded.
(f) It is the intent of the Legislature to clarify and enforce
existing laws and make California the national leader in humane
treatment of people with disabilities.
(g) People with disabilities are especially vulnerable to crime
and become victims at rates many times higher than the general
population. A large majority of these crimes are never reported to
law enforcement. In addition, the law previously did not make it
clear that abuse is a crime. As a result, many law enforcement
officers, prosecutors, and other citizens are unaware of this
invisible epidemic.
(h) Crimes against victims with disabilities occur in the
jurisdiction of every law enforcement agency and every district
attorney's office. Every law enforcement officer encounters persons
with disabilities who may be particularly vulnerable to crime and who
have a disproportionately high likelihood of becoming victims.
(i) Persons with disabilities in specific population groups,
including all of the following, often become victims of serious
crime, frequently including domestic violence and sexual assault:
(1) Children.
(2) Elders.
(3) Homeless persons.
(4) Inmates of prisons, jails, and other incarceration facilities.
(5) Residents of public and private treatment and care facilities
of all kinds.
(j) Many crimes against victims with disabilities are motivated in
whole or in part by preexisting negative attitudes toward the
victims' disabilities, including hostility to persons who arouse
guilt, fear of or revulsion to persons whose visible traits are
disturbing to others, a perception that persons with disabilities are
inferior or deserving of victimization, belief that persons with
particular disabilities are weak and therefore easy targets, and
resentment of those who need and increasingly demand alternative
physical and social accommodations. Law enforcement agencies must
investigate these crimes as hate crimes and report them to the
Department of Justice as Section 13023 of the Penal Code requires.
(k) Preventing, recognizing, and responding to crimes against
victims with disabilities often require special training, which all
officers should receive. Investigating and successfully prosecuting
these crimes often require more advanced training, which some
officers in every agency should receive.
SEC. 3. The Legislature strongly encourages each law enforcement
agency, including those with jurisdictions covering treatment or
local incarceration facilities, to do each of the following:
(a) Designate a unit, or an appropriate number of officers, to do
each of the following:
(1) Investigate crimes against victims with disabilities.
(2) Train, assist, and consult with other officers in cases
involving victims, suspects, or witnesses with disabilities.
(3) Act as a liaison to members of the disability community to
train them concerning crime prevention and response, obtain their
cooperation with law enforcement, and convey their concerns to the
law enforcement agency.
(b) Provide advanced officer training concerning crimes against
victims with disabilities to each officer designated under
subdivision (a).
SEC. 4. The Legislature strongly encourages each law enforcement
agency, in consultation with the district attorney or attorney
general, to adopt a general order or other formal policy on
prevention of and response to crimes against people with disabilities
and dealing effectively and humanely with victims, witnesses, and
suspects with disabilities. The policy should include, but not be
limited to, both of the following:
(a) Laws including those listed in subdivision (d) of Section
368.5 of the Penal Code.
(b) Methods to establish probable cause in these cases, including
by crediting statements by victims and witnesses with disabilities.
SEC. 5. The Legislature strongly encourages each district attorney
to do each of the following:
(a) Designate investigators to take each of the actions described
in Section 3 of this act, including support of local law enforcement
agencies that lack the resources to take those actions.
(b) Place a priority on prosecution of crimes against people with
disabilities in order to provide them with equal protection. This
should include consideration of both of the following:
(1) Establishing a vertical prosecution unit for crimes against
victims with disabilities or against both victims with disabilities
and other vulnerable victims.
(2) Providing incentives for deputies to prosecute cases of crimes
against victims with disabilities that may have below-average
conviction rates.
SEC. 6. 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. 7. Section 368.1 is added to the Penal Code, to read:
368.1. (a) Local law enforcement agencies, and state law
enforcement agencies with jurisdiction, have concurrent jurisdiction
for investigation of elder and dependent adult abuse. Adult
protective services agencies and the local long-term care ombudsman
programs also have jurisdiction to investigate elder and dependent
adult abuse within their statutory authority.
(b) The Legislature strongly encourages law enforcement agencies
to cooperate with adult protective services agencies, local long-term
care ombudsman programs, the protection and advocacy agency that the
Governor designates pursuant to Section 4900 of the Welfare and
Institutions Code, and all other agencies carrying out their
statutory responsibilities or otherwise serving victims. However, law
enforcement agencies shall retain ultimate responsibility for
criminal investigations.
(c) In any case in which a law enforcement agency with
jurisdiction determines that there is reasonable suspicion of abuse
or other crime against an elder or dependent adult, the law
enforcement agency may direct the adult protective services agency or
local long-term care ombudsman program to take a supportive role in
the investigation until the criminal phase of the investigation is
complete. Nothing in this subdivision prevents an adult protective
services agency or local long-term case ombudsman program from
providing services to the victim or engaging in any other activity
that does not interfere with or compromise a criminal investigation.
SEC. 8. Section 368.5 is added to the Penal Code, to read:
368.5. By February 1, 2010, the Department of Justice shall
electronically send a bulletin to the executive of each state and
local law enforcement agency and to each district attorney. The
content of the bulletin shall include, but not be limited to, each of
the following sections, entitled and described as follows:
(a) "New Law: Importance and Urgency." This section shall include
a statement of the importance and urgency that the law now places on
arresting and convicting criminals who commit crimes against victims
with disabilities and on assisting their victims, as demonstrated by
enactment of the Crime Victims with Disabilities Act of 2009.
(b) "An Invisible Epidemic." This section shall quote the findings
of subdivisions (g) to (k), inclusive, of Section 2 of the Crime
Victims with Disabilities Act of 2009.
(c) "Requirements and Recommendations." This section shall include
the following requirements and recommendations for law enforcement
agencies and district attorneys:
(1) The requirement that state law enforcement agencies provide
training to their peace officers using the telecourse "Crime Victims
with Disabilities" pursuant to subdivision (a) of Section 13519.65.
(2) The strong encouragement that local law enforcement agencies
provide training to their officers using the telecourse "Crime
Victims with Disabilities," and that they provide this training in
conjunction with people with disabilities and local agencies and
organizations that serve and advocate for people with disabilities
and that they invite people with disabilities and those local
organizations to attend the training sessions and discuss the
problems with the agency's officers, pursuant to subdivision (b) of
Section 13519.65.
(3) The requirement that 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, pursuant to Section 13515.
(4) The requirement that law enforcement agencies cross-report
abuse and neglect of elders and dependent adults to adult protective
services agencies, local long-term care ombudsman programs, and state
agencies, pursuant to Section 15650 of the Welfare and Institutions
Code.
(5) The requirement that local law enforcement agencies provide
the telecourse "Law Enforcement Response to Homelessness Update" to
their officers, and the strong encouragement that local law
enforcement agencies provide this training in conjunction with
homeless and formerly homeless persons, local agencies, and
organizations that serve homeless and formerly homeless people,
including homeless persons with disabilities, and invite those local
organizations to attend the training sessions and discuss the problem
of crime against homeless victims and law enforcement response to
homelessness with the agency's officers, pursuant to paragraph (2) of
subdivision (b) of Section 13519.64.
(6) The strong encouragement that each law enforcement agency
designate a unit, or an appropriate number of officers, to do all of
the following pursuant to Section 3 of the Crime Victims with
Disabilities Act of 2009:
(A) Investigate crimes against victims with disabilities.
(B) Train, assist, and consult with other officers in cases
involving victims, suspects, or witnesses with disabilities.
(C) Act as liaison to the disability community.
(D) Receive relevant advanced officer training.
(7) The strong encouragement that law enforcement agencies enter
into memoranda of understanding with adult protective services
agencies, local long-term care ombudsman programs, and others to
guide their exercise of their concurrent jurisdictions under this
section and carry out their mandated reporter requirements and their
cross-reporting requirements and other responsibilities, pursuant to
Section 368.1.
(8) The strong encouragement that each law enforcement agency, in
consultation with the district attorney or the attorney general,
adopt a general order or other formal policy on prevention of and
response to crimes against people with disabilities and dealing
effectively and humanely with victims, witnesses, and suspects with
disabilities, pursuant to Section 4 of the Crime Victims with
Disabilities Act of 2009. The law enforcement agency policy should
address, but not be limited to, relevant laws, including those listed
in subdivision (d).
(9) The strong encouragement that each local law enforcement
agency adopt a general order or other formal policy on prevention and
response to crimes against homeless persons, including homeless
persons with disabilities and homeless youth, and on dealing
effectively and humanely with homeless persons, based on the
telecourse "Law Enforcement Response to Homelessness Update" and on
the 2002 California Department of Justice report "Special Report to
the Legislature on Senate Resolution 18: Crimes Against Homeless
Persons," as provided in subdivision (c) of Section 13519.64.
(10) The strong encouragement that each district attorney do both
of the following:
(A) Designate investigators to carry out the same functions as the
designated officers in paragraph (6), including support of local law
enforcement agencies that lack the resources to take those actions.
(B) Place a priority on prosecuting crimes against people with
disabilities, including the consideration of establishing a vertical
prosecution unit and providing incentives for deputies to prosecute
cases of crimes against victims with disabilities that may have a
below-average conviction rate, as described in Section 5 of the Crime
Victims with Disabilities Act of 2009.
(d) "Training." This section shall strongly encourage law
enforcement executives to provide training for their agencies'
supervisors and officers on the following provisions of law, in
addition to the training described in the "Requirements and
Recommendations" section of the bulletin:
(1) The extent of the problem, as described in Section 2 of the
Crime Victims with Disabilities Act of 2009.
(2) The new, clear statutory declaration that abuse is a crime
over which local law enforcement agencies and state law enforcement
agencies with jurisdiction have concurrent jurisdiction. Law
enforcement agencies, the local long-term care ombudsman program, and
the adult protective services agency are encouraged to cooperate
with each other in an investigation to the maximum extent
practicable. However, the law enforcement agencies have ultimate
responsibility for criminal investigations, as provided in Section
368.1 of this code and Section 15650 of the Welfare and Institutions
Code.
(3) Law enforcement tools including, but not limited to, emergency
protective orders that officers can obtain by phone at any hour of
the day or night, as described in Part 3 (commencing with Section
6240) of Division 10 of the Family Code.
(4) The requirements placed on employees of local law enforcement
agencies as mandated reporters of abuse, including neglect of elders
and dependent adults, as provided in Section 15630 of the Welfare and
Institutions Code.
(5) The inclusion of disability as a protected characteristic in
the hate crime laws, described in Chapter 1 (commencing with Section
422.55) of Title 11.6 of Part 1.
(e) The training section of the bulletin also shall list relevant
training materials produced or certified by the Commission on Peace
Officer Standards and Training, including materials produced pursuant
to Sections 13515, 13515.25, 13519.2, 13519.4. 13519.6, and
13519.64, and by the Bureau of Medi-Cal Fraud and Elder Abuse.
SEC. 9. 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.
(j)
(k) The deceased was a person not included in the above
categories and the homicide was related to domestic violence.
SEC. 10. Section 11174.35 of the Penal Code is amended to read:
11174.35. The State Department of Social Services shall work with
state and local child death review teams and child protective
services agencies in order to identify child death cases that were,
or should have been, reported to or by county child protective
services agencies. Findings made pursuant to this section shall be
used to determine the extent of child abuse or neglect fatalities
occurring in families known to child protective services agencies and
to define child welfare training needs for reporting,
cross-reporting, data integration, and involvement by child
protective services agencies in multiagency review in child deaths.
The State Department of Social Services, the State Department of
Public Health Services , and the Department
of Justice , working with the relevant subject matter experts
from among those listed in Section 15591 of the Welfare and
Institutions Code, shall develop a plan to track and maintain
data on child deaths from abuse or neglect, and submit this
plan, not later than December 1, 1997, to the Senate Committee on
Health and Human Services, the Assembly Committee on Human Services,
and the chairs of the fiscal committees of the Legislature.
including crimes against children with disabilities. Subject to
the availability of funding, the plan to track and maintain data
shall be updated by January 1, 2011.
SEC. 11. 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. 12. 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 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
cases, including neglect cases.
(b) Each county may develop a protocol that may be used as a
guideline by persons performing autopsies on elder
elders and dependent adults to assist coroners and other
persons who perform autopsies in the identification of elder and
dependent adult abuse, in the determination of whether elder
or dependent adult abuse or neglect
contributed to death or whether elder abuse or
neglect dependent adult abuse 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.
SEC. 13. 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. 14. Section 13519.64 of the Penal Code is amended to read:
13519.64. (a) The Legislature finds and declares that research,
including "Special Report to the Legislature on Senate Resolution 18:
Crimes Committed Against Homeless Persons" by the Department of
Justice (2002); "Crimes Against Homeless Persons" and
"Crimes Against Persons with Disabilities" in "Protecting
Californians from Hate Crimes: A Progress Report" by the Senate
Office of Re search (2004); " Voices from the
Street: A Survey of Homeless Youth by Their Peers" by the California
Research Bureau (2008); and "Hate, Violence, and
Death On Main Street USA : A Report on Hate Crimes
and Violence Against People Experiencing Homelessness
from 1999-2002 2007 " by the National Coalition
for the Homeless demonstrate and the National
Law Center on Homelessness and Poverty (2008), has demonstrated
that California has had serious and
unaddressed problems of crime against homeless persons,
including homeless persons with disabilities and homeless youth
.
(b) (1) By July 1, 2005, the Commission on Peace Officer Standards
and Training, using available funding, shall develop a two-hour
telecourse to be made available to all law enforcement agencies in
California on crimes against homeless persons and on how to deal
effectively and humanely with homeless persons, including homeless
persons with disabilities. The telecourse shall include information
on multimission criminal extremism, as defined in Section 13519.6. In
developing the telecourse, the commission shall consult
subject-matter experts including, but not limited to, homeless and
formerly homeless persons in California, service providers and
advocates for homeless persons in California, experts on the
disabilities that homeless persons commonly suffer, the California
Council of Churches, the National Coalition for the Homeless, the
Senate Office of Research, and the Criminal Justice Statistics Center
of the Department of Justice.
(2) Every state law enforcement agency, and every
local law enforcement agency, to the extent that this
requirement does not create a state-mandated local program cost,
shall provide the telecourse , "Law Enforcement Response to
Homelessness Update," to its peace officers. The
Legislature strongly encourages local law enforcement agencies to
provide this training in conjunction with homeless and formerly
homeless persons and local agencies and organizations that serve
homeless persons, including homeless persons with disabilities and
homeless youth, and to invite homeless and formerly homeless persons
and those local organizations to attend the training sessions and
discuss the problem of crime against homeless victims and law
enforcement response to homelessness with the agencies'
officers.
(c) The Legislature strongly encourages each local law enforcement
agency to adopt a general order or other formal policy on prevention
of and response to crimes against homeless persons, including
homeless persons with disabilities and homeless youth, and on dealing
effectively and humanely with homeless persons, based on the
telecourse "Law Enforcement Response to Homelessness Update" and the
2002 Department of Justice report "Special Report to the Legislature
on Senate Resolution 18: Crimes Against Homeless Persons,
" and taking into account other
relevant information including, but not limited to, the research
listed in subdivision (a).
SEC. 15. Section 13519.65 is added to the Penal Code, to read:
13519.65. (a) (1) Every state law enforcement agency shall
provide training to its peace officers using the telecourse "Crime
Victims with Disabilities," produced by the Commission on Peace
Officer Standards and Training and the Department of Justice. This
requirement shall take effect if the commission, the department, or
both the commission and the department update the telecourse to
reflect changes in law, standards, and information since they
produced the telecourse in 2002.
(2) The requirement of paragraph (1) replaces the requirement of
the portion of paragraph (2) of subdivision (b) of Section 13519.64
that was repealed by the act of the 2009-10 regular session of the
Legislature that enacted this section, and does not create a new
cost.
(b) Every local law enforcement agency may provide training to its
officers using the telecourse "Crime Victims with Disabilities," and
the Legislature strongly encourages each local law enforcement
agency to do so if the commission, the department, or both the
commission and the department update the telecourse. The Legislature
encourages law enforcement agencies to provide this training in
conjunction with people with disabilities and local agencies and
organizations that serve and advocate for people with disabilities
and to invite people with disabilities and those local organizations
to attend the training sessions and discuss the problem with the
agency's officers.
SEC. 16. Section 13823.7 of the Penal Code is amended to read:
13823.7. The protocol adopted pursuant to Section 13823.5 for the
examination and treatment of victims of sexual assault or attempted
sexual assault, including child molestation and the sexual
assault of victims with disabilities , and the collection and
preservation of evidence therefrom shall include provisions for all
of the following:
(a) Notification of injuries and a report of suspected child
sexual abuse to law enforcement authorities.
(b) Obtaining consent for the examination, for the treatment of
injuries, for the collection of evidence, and for the photographing
of injuries.
(c) Taking a patient history of sexual assault and other relevant
medical history.
(d) Performance of the physical examination for evidence of sexual
assault.
(e) Collection of physical evidence of assault.
(f) Collection of other medical specimens.
(g) Procedures for the preservation and disposition of physical
evidence.
SEC. 17. Section 13823.9 of the Penal Code is amended to read:
13823.9. (a) Every public or private general acute care hospital
that examines a victim of sexual assault or attempted sexual assault,
including child molestation and the sexual assault of victims
with disabilities , shall comply with the standards specified
in Section 13823.11 and the protocol and guidelines adopted pursuant
to Section 13823.5.
(b) Each county with a population of more than 100,000 shall
arrange that professional personnel trained in the examination of
victims of sexual assault, including child molestation and the
sexual assault of victims with disabilities , shall
be present or on call either in the county hospital which provides
emergency medical services or in any general acute care hospital
which has contracted with the county to provide emergency medical
services. In counties with a population of 1,000,000 or more, the
presence of these professional personnel shall be arranged in at
least one general acute care hospital for each 1,000,000 persons in
the county.
(c) Each county shall designate at least one general acute care
hospital to perform examinations on victims of sexual assault,
including child molestation and the sexual assault of vic
tims with disabilities .
(d) (1) The protocol published by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be used as a guide for the procedures to be used by every public or
private general acute care hospital in the state for the examination
and treatment of victims of sexual assault and attempted sexual
assault, including child molestation and the sexual assault of
victims with disabilities , and the collection and preservation
of evidence therefrom.
(2) The informational guide developed by the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
be consulted where indicated in the protocol, as well as to gain
knowledge about all aspects of examination and treatment of victims
of sexual assault and child molestation.
SEC. 18. Section 13823.13 of the Penal Code is amended to read:
13823.13. (a) The agency or agencies designated by the Director
of Finance pursuant to Section 13820 shall develop a course of
training for qualified health care professionals relating to the
examination and treatment of victims of sexual assault ,
including child victims and victims with disabilities . In
developing the curriculum for the course, the agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
consult with health care professionals and appropriate law
enforcement agencies. The agency or agencies designated by the
Director of Finance pursuant to Section 13820 shall also obtain
recommendations from the same health care professionals and
appropriate law enforcement agencies on the best means to disseminate
the course of training on a statewide basis.
(b) The training course developed pursuant to subdivision (a)
shall be designed to train qualified health care professionals to do
all of the following:
(1) Perform a health assessment of victims of sexual assault in
accordance with any applicable minimum standards set forth in Section
13823.11.
(2) Collect and document physical and laboratory evidence in
accordance with any applicable minimum standards set forth in Section
13823.11.
(3) Provide information and referrals to victims of sexual assault
to enhance the continuity of care of victims.
(4) Present testimony in court.
(c) As used in this section, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code who works in consultation with a physician and
surgeon or who conducts examinations described in Section 13823.9 in
a general acute care hospital or in the office of a physician and
surgeon.
(d) As used in this section, "appropriate law enforcement agencies"
may include, but shall not be limited to, the Attorney General of
the State of California, any district attorney, and any agency of the
State of California expressly authorized by statute to investigate
or prosecute law violators.
SEC. 19. 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 Office of Emergency
Services (OES) California Emergency Management Agency
and an advisory council. The membership of the OES
Domestic Violence Advisory Council shall consist of experts
in the provision of either direct or intervention services to
battered women and their children, within the scope and intention of
the OES 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 from
organizations such as the California Partnership to End Domestic
Violence. 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.
(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 OES California Emergency
Management Agency 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,
2010 2015 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2010 2015 , deletes or
extends that date.
SEC. 20. Section 13836 of the Penal Code is amended to read:
13836. (a) The agency or agencies
designated by the Director of Finance pursuant to Section 13820 shall
establish an advisory committee which shall develop 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 and shall approve grants awarded pursuant to
Section 13837. The courses shall include training in the unique
emotional trauma experienced by victims of these crimes and the
special problems of investigating and prosecuting these crimes when
committed against individuals with disabilities .
It
(b) It is the intent of the
Legislature in the enactment of this chapter to encourage the
establishment of sex crime prosecution units, which shall include,
but not be limited to, child sexual exploitation and child sexual
abuse cases, in district attorneys' offices throughout the state.
SEC. 21. 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, 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) The requirement that the Commission on the Status of Women
appoint an expert on crimes against victims with disabilities 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, 2010.
Members
(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. 22. 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
has a mental or physical disability .
(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 (e) (h) of
Section 368.
(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. 23. Section 4427 of the Welfare and Institutions Code is
amended to read:
4427. (a) When the department has reason to
believe that any person held in custody as developmentally disabled
is wrongfully deprived of his or her liberty, or
is cruelly or negligently treated, or
that inadequate provision is made for the skillful medical care,
proper supervision, and safekeeping of any such person, it
may ascertain the facts. It may issue compulsory process for the
attendance of witnesses and the production of papers, and may
exercise the powers conferred upon a referee in a superior court. It
may make such orders for the care and treatment of such person as it
deems proper. that person, or is otherwise the victim
of a crime, the department shall do either of the following:
(1) Report the case immediately to the local police department or
sheriff's office that has jurisdiction.
(2) Ascertain the facts. It may issue compulsory process for the
attendance of witnesses and the production of papers, and may
exercise the powers conferred upon a referee in a superior court. It
may make such orders for the care and treatment of that person as it
deems proper. If the department ascertains that the person is the
victim of a crime, the department shall report the case immediately
to the local law enforcement agency that has jurisdiction.
Whenever
(b) Whenever the department undertakes an
investigation into the general management and administration of any
establishment or place of detention for the developmentally disabled,
it may give notice of such investigation to the Attorney General,
who shall appear personally or by deputy, to examine witnesses in
attendance and to assist the department in the exercise of the powers
conferred upon it in this code.
The
(c) The department may at any time
cause the patients of any county or city almshouse to be visited and
examined, in order to ascertain if developmentally disabled persons
are kept therein.
SEC. 24. 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 that , 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. 25. Section 4689.25 is added to the Welfare and Institutions
Code, to read:
4689.25. (a) (1) A nonlicensed regional center vendorized service
provider is authorized to submit fingerprint images and related
information of current or prospective employees or volunteers, as
specified in subdivision (c) of Section 4689.2, to the Department of
Justice for purposes of determining the existence and content of
records of arrest and conviction, including if the person is free on
bail or his or her own recognizance pending trial or appeal.
(2) If it is found that the person has ever been arrested,
convicted, or is free on bail or his or her own recognizance pending
trial or appeal, the department shall notify the service provider of
that fact. If no criminal record information has been recorded, the
department shall provide the service provider with a statement of
that fact.
(3) A nonlicensed regional center vendorized service provider may
request subsequent arrest notification from the department and,
should the employee or volunteer subsequently be arrested, the
department shall provide the service provider with a statement of
that fact.
(4) The department shall charge a fee to the service provider
sufficient to cover the costs of processing the requests authorized
in this section.
(b) A nonlicensed regional center vendorized service provider may
use the initial or subsequent responses from the department in
decisions regarding employment, relocation, and termination of an
employee or volunteer, except as prohibited by law.
(c) The Legislature strongly encourages each nonlicensed regional
center vendorized service provider to take the action authorized in
subdivision (a) in order to protect consumers from abuse, neglect,
and other crimes.
(d) (1) Except as provided in paragraph (2), a nonlicensed
regional center vendorized service provider that does not take the
actions authorized by subdivision (a) shall provide a disclosure to
each consumer served and to each referring regional center that
current or prospective employees and volunteers have not been subject
to a fingerprint-based Department of Justice criminal record search.
The nonlicensed regional center vendorized service provider shall
provide the disclosure to all current consumers and the referring
regional centers by August 1, 2010. The service provider shall
provide the disclosure to each new consumer before the consumer
receives any services from the service provider's employee or
volunteer.
(2) Family home agencies, as defined in subdivision (c) of Section
4689.1, family homes, as defined in subdivision (b) of Section
4689.1, parent vendors, and consumer vendors who provide services for
themselves are exempt from the requirements of paragraph (1).
(3) Compliance with paragraph (1) shall not relieve a nonlicensed
regional center vendorized service provider or any other person of
any liability for the consequences of not taking the actions
authorized by subdivision (a).
(e) No nonlicensed regional center vendorized service provider may
charge a fee to any employee, applicant, consumer, volunteer, or
other person for any costs incurred by actions authorized by
subdivision (a).
(f) This section shall become operative on July 1, 2010.
SEC. 26. Chapter 10.5 (commencing with Section 15590) is added to
Part 3 of Division 9 of the Welfare and Institutions Code, to read:
CHAPTER 10.5. CRIMES AGAINST ELDERS, DEPENDENT ADULTS, AND
PEOPLE WITH DISABILITIES
15590. (a) The Abuse Victims with Disabilities Think Tank of the
California Emergency Management Agency shall convene a first meeting
of a working group on crimes against elders, dependent adults, and
people with disabilities, and shall invite subject matter experts
including, but not limited to, those listed in Section 15591, to
attend. Nothing in this section requires the think tank to convene
any further meetings of the working group. The working group may
organize itself, including by creating committees, and schedule
future meetings.
(b) The working group may set goals for itself including the
following:
(1) Developing one or more models of memoranda of understanding
that appropriate agencies and organizations may adopt. The model or
models may include protocols covering subjects including, but not
limited to, responsibilities for first response to reports of crimes,
multidisciplinary teamwork including joint visiting and interviewing
where appropriate, provision of victim advocacy and victim and
witness translation services, and carrying out individual mandated
reporter requirements and agency cross-reporting requirements.
(2) Making recommendations to the Governor and Legislature for
reform of mandated reporter requirements and of investigation and
jurisdiction issues to provide equal protection to crime victims who
are elders, dependent adults, and people with disabilities.
(c) Nothing in this section requires any state agency to
participate in the working group if that participation would create a
cost or to pay for travel or other expenses of any person attending
working group meetings.
15591. "Subject matter experts" includes, but is not limited to,
the following, or their successor organizations, the Aging Services
of California; Arc of California; Associated Programs of the
University of Southern California; Association of Regional Center
Agencies; Autism Center for Excellence at California State
University, Sacramento; California Assisted Living Association;
California Association for Adult Day Services; California Association
of Health Facilities; California Coalition Against Sexual Assault;
California Consortium of Child Abuse Councils; California County
Welfare Directors; California Emergency Management Agency; California
Foundation for Independent Living Centers; California Hospital
Association; California Long-Term Care Ombudsman Program Association;
California Partnership to End Domestic Violence; Consortium for
Elder Abuse Prevention; Departments of Aging, Developmental Services,
Justice, Mental Health, Public Health, Social Services, and
Corrections and Rehabilitation; Disability Service Network; District
Attorneys, Police Chiefs, and Sheriffs Associations; Los Angeles City
Department on Disability; National Alliance for the Mentally Ill;
Project REACH; Senate Office of Research; Sociology Departments of
the University of California at Berkeley, Davis, and Irvine; State
Council on Developmental Disabilities; State Office of Child Abuse
Prevention; Tarjan Center of the University of California at Los
Angeles; University Centers for Excellence in Developmental
Disabilities at the University of California at Davis and Los Angeles
and the University of Southern California; and the protection and
advocacy agency that the Governor designates pursuant to Section
4900.
SEC. 27. Section 15610.19 of the Welfare and Institutions Code is
amended to read:
15610.19. "Clergy member" means a priest, minister, rabbi,
religious practitioner, or similar functionary of a church,
gurdwara, mandir, mosque, synagogue, temple, mosque,
or other recognized religious denomination or
organization. "Clergy member" does not include unpaid volunteers
whose principal occupation or vocation does not involve active or
ordained ministry in a church, synagogue, temple, mosque, or
recognized religious denomination or organization, and who
periodically visit elder elders or
dependent adults on behalf of that church, synagogue,
temple, mosque, or recognized religious denomination or
organization.
SEC. 28. 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 residing
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 residing 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, the California Department
of the Youth Authority, 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.
SEC. 29. It is the intent of the Legislature that nothing in this
act creates any new substantial General Fund costs. To that end,
notwithstanding any provision of law to the contrary, all of the
following shall apply:
(a) Nothing in this act requires a state agency to revise any
form, document, or other material if that revision would create a
General Fund cost that is more than minor and absorbable.
(b) Nothing in this act requires a state or local agency to adopt
or revise a regulation.
(c) Nothing in this act creates a new training requirement for any
state agency if that training requirement would create a General
Fund cost that is more than minor and absorbable.
(d) Any provision of this act that requires a state agency to take
any action is contingent on the availability and appropriation of
adequate funds.
