CSL 2006 AP-10

SENIOR ASSEMBLY PROPOSAL NO.10

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

(COAUTHOR: SENIOR SENATOR FORMOSA)

LEGISLATIVE COUNSEL’S DIGEST

AP 10: CRIMES: ELDER AND DEPENDENT ADULT ABUSE: ADVANCED TRAINING.

UNDER EXISTING LAW, SPECIFIED PEACE OFFICERS ARE REQUIRED TO COMPLETE AN ELDER AND DEPENDENT ADULT ABUSE TRAINING COURSE CERTIFIED BY THE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING WITHIN 18 MONTHS OF BEING ASSIGNED TO FIELD DUTIES.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ENHANCE AND IMPROVE THE ELDER AND DEPENDENT ADULT ABUSE TRAINING REQUIREMENTS FOR PEACE OFFICERS.

VOTE: MAJORITY.

AP 10: RELATING TO ELDER AND DEPENDENT ADULT ABUSE

WHEREAS, PENAL CODE SECTION 13515 REQUIRES SPECIFIED PEACE OFFICERS ASSIGNED FIELD OR INVESTIGATORY DUTIES TO COMPLETE AN ELDER AND DEPENDENT ADULT ABUSE TRAINING COURSE CERTIFIED BY THE COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING (POST) WITHIN 18 MONTHS OF ASSIGNMENT TO FIELD DUTIES; AND

WHEREAS, THE CURRENT POST CERTIFIED ELDER AND DEPENDENT ADULT ABUSE TRAINING COURSE DOES NOT ADEQUATELY TEACH PEACE OFFICERS HOW TO RECOGNIZE THE SUBTLE SIGNS OF AN ELDER OR DEPENDENT ADULT WHO IS BEING PHYSICALLY OR PSYCHOLOGICALLY ABUSED, HOW TO RECOGNIZE THE PATTERNS OF ABUSE IN FAMILIES, OR WHAT THE APPROPRIATE RESPONSE SHOULD BE IN EACH SITUATION; AND

WHEREAS, THE SUBJECT MATTER OF HOW ABUSERS USE UNDUE INFLUENCE OR DURESS OVER AN ELDER OR DEPENDENT ADULT IN ORDER TO OBTAIN APPARENT CONSENT AND WHAT CONSTITUTES LEGAL CONSENT AS DEFINED BY THE CALIFORNIA JURY INSTRUCTIONS CRIMINAL NEEDS TO BE INCLUDED AS PART OF THE POST CERTIFIED TRAINING COURSE; AND

WHEREAS, THE SEGMENT OF CALIFORNIA POPULATION, PEOPLE 65 YEARS OF AGE AND OLDER, WILL GROW FROM 3.7 MILLION TODAY TO 6.3 MILLION BY THE YEAR 2018, WITH THE FASTEST GROWING SEGMENT BEING PEOPLE 80 YEARS OF AGE AND OLDER. THESE CALIFORNIANS ARE MORE FRAIL AND VULNERABLE AND AN INCREASE IN ELDER AND DEPENDENT ABUSE WILL GROW EXPONENTIALLY WITH THE GROWTH IN POPULATION; AND

WHEREAS, AN ESTIMATED 225,000 SENIORS IN CALIFORNIA ARE VICTIMS OF ELDER AND DEPENDENT ADULT ABUSE, INFLICTED MOSTLY BY FAMILY MEMBERS; AND

WHEREAS, MANY SENIORS AND DEPENDENT ADULTS ARE EITHER NOT CAPABLE OF ASKING FOR AID AND ASSISTANCE OR ARE TOO INTIMIDATED TO ASK FOR HELP BECAUSE THEY WANT TO PROTECT FAMILY MEMBERS AS EVIDENCED BY THE FACT THAT ONLY 20 PERCENT OF ABUSE CASES ARE REPORTED; AND

WHEREAS, THE LACK OF UPDATED TRAINING, EXPERTISE, AND RESOURCES DEDICATED TO INVESTIGATING AND ASSISTING IN THE PROSECUTION OF OFFENDERS, ELDER AND DEPENDENT ADULT ABUSE CASES ARE SPORADIC AND INCOMPLETE; AND

WHEREAS, PEACE OFFICERS WHO NORMALLY RESPOND TO DOMESTIC VIOLENCE CALLS ARE REQUIRED TO TAKE 24 HOURS OF UPDATED DOMESTIC VIOLENCE TRAINING EVERY TWO YEARS, BUT NO SUCH UPDATED CONTINUOUS TRAINING IN ELDER AND DEPENDENT ADULT ABUSE IS REQUIRED FOR PEACE OFFICERS; AND

WHEREAS, ON MANY OCCASIONS, LAW ENFORCEMENT OFFICERS RESPOND TO A CALL, USUALLY FOR DOMESTIC VIOLENCE, WHERE ELDER AND DEPENDENT ADULT ABUSE IS ACTUALLY THE FUNDAMENTAL CAUSE OF THE CALL, BUT IT GOES UNDETECTED; AND

WHEREAS, MANY PEACE OFFICERS, UPON GRADUATION FROM AN ACADEMY, AND AFTER COMPLETING BASIC TRAINING, ARE NOT YET PREPARED TO DEAL WITH THE MANY ISSUES INVOLVED WITH AN ELDER OR DEPENDENT ADULT ABUSE INVESTIGATION DUE TO THE OFFICER’S LACK OF EXPERIENCE WITH AND ADVANCED TRAINING IN ELDER AND DEPENDENT ADULT ABUSE CASES; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2006 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT ALL PEACE OFFICERS BE REQUIRED TO COMPLETE AN UPDATED COURSE IN ELDER AND DEPENDENT ADULT ABUSE EVERY 24 MONTHS; AND BE IT FURTHER

RESOLVED, THAT THE ELDER AND DEPENDENT ADULT ABUSE TRAINING COURSE CURRENTLY CERTIFIED BY POST BE REQUIRED TO INCLUDE EACH OF THE FOLLOWING ADDITIONAL SUBJECTS:

(A) HOW TO RECOGNIZE THE SUBTLE SIGNS OF AN ELDER OR DEPENDENT ADULT WHO HAS BEEN PHYSICALLY OR PSYCHOLOGICALLY ABUSED OR INSTANCES OF WHEN AN ELDER OR DEPENDENT ADULT IS SELF INFLICTING HARM.

(B) HOW TO RECOGNIZE PATTERNS OF ABUSE IN FAMILIES.

(D) HOW ABUSERS USE UNDUE INFLUENCE OR DURESS OVER AN ELDER OR DEPENDENT ADULT IN ORDER TO OBTAIN APPARENT CONSENT AND WHAT CONSTITUTES LEGAL CONSENT AS DEFINED BY THE CALIFORNIA JURY INSTRUCTIONS CRIMINAL

(E) IDENTIFICATION OF IMMEDIATE RESOURCES FOR THE VICTIM; AND BE IT FURTHER

RESOLVED, THAT THE TRAINING SHOULD BE PROVIDED IN PARTNERSHIP WITH INTERNAL SUBJECT MATTER EXPERTS OR COMMUNITY AND LOCAL ORGANIZATIONS AND AGENCIES WITH EXPERTISE IN THE AREA OF ELDER AND DEPENDENT ADULT ABUSE; AND BE IT FURTHER

RESOLVED, THAT EVERY LAW ENFORCEMENT AGENCY BE REQUIRED TO HAVE AT LEAST ONE INVESTIGATOR WHO HAS COMPLETED AN ADVANCED TRAINING COURSE TN ELDER AND DEPENDENT ADULT ABUSE CERTIFIED BY POST; AND BE IT FURTHER

RESOLVED, THAT ELDER AND DEPENDENT ADULT ABUSE RECEIVE THE SAME ACCOUNTABILITY, BY LAW, AFFORDED TO DOMESTIC VIOLENCE AND CHILD ABUSE CASES; AND BE IT FURTHER

RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN20061901008

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