Bill Text: CA SB1233 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Elder and dependent adult abuse: statutes of limitation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-08-22 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S. [SB1233 Detail]

Download: California-2013-SB1233-Introduced.html

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BILL NUMBER: SB 1233	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 20, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1233, as introduced, Wyland. Theft: elder and dependent adults.

   Existing law makes it a crime, punishable either as a misdemeanor
or a felony, to violate any provision of law proscribing theft,
embezzlement, forgery, fraud, or identity theft when the victim is an
elder or dependent adult and the moneys, labor, goods, services, or
real or personal property taken or obtained is of a value exceeding
$950. If punished as a misdemeanor, existing law authorizes
imprisonment or a fine not to exceed $2,500, or both the fine and
imprisonment. If punished as a felony, existing law authorizes
imprisonment or a fine not to exceed $10,000, or both the fine and
imprisonment.
   This bill would make the maximum amount of the fine for this crime
$25,000, if punished as a misdemeanor, and $100,000, if punished as
a felony.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 368 of the Penal Code is amended to read:
   368.  (a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or
report criminal conduct, or to testify in court proceedings on their
own behalf.
   (b) (1)  Any   A  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
  an  elder or dependent adult to suffer, or
inflicts thereon unjustifiable physical pain or mental suffering, or
having the care or custody of  any   an 
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   A  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   an  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   A  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  two thousand five hundred
dollars ($2,500)   twenty-five thousand dollars
($25,000)  , 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)   one
hundred thousand dollars ($100,000)  , or by imprisonment
pursuant to subdivision (h) of Section 1170 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).
   (2) By a fine not exceeding one thousand dollars ($1,000), by
imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment, when the moneys, labor, goods, services, or
real or personal property taken or obtained is of a value not
exceeding nine hundred fifty dollars ($950).
   (e)  Any   A  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  two thousand five hundred
dollars ($2,500)   twenty-five thousand dollars
($25,000)  , 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)   one
hundred thousand dollars ($100,000)  , or by imprisonment
pursuant to subdivision (h) of Section 1170 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).
   (2) By a fine not exceeding one thousand dollars ($1,000), by
imprisonment in a county jail not exceeding one year, or by both that
fine and imprisonment, when the moneys, labor, goods, services, or
real or personal property taken or obtained is of a value not
exceeding nine hundred fifty dollars ($950).
   (f)  Any   A  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
pursuant to subdivision (h) of Section 1170 for two, three, or four
years.
   (g) As used in this section, "elder" means  any 
 a  person who is 65 years of age or older.
   (h) As used in this section, "dependent adult" means  any
  a  person who is between  the ages of
 18 and 64  years of age, inclusive  , who has
physical or mental limitations  which   that
 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   a  person between 
the ages of  18 and 64  years of age, inclusive, 
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
  a  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   a  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   a  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   A
 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.