SENIOR ASSEMBLY PROPOSAL NO. 22

INTRODUCED BY SENIOR ASSEMBLY MEMBER TUCKER

(COAUTHOR: SENIOR ASSEMBLY MEMBER WIECK)

(COAUTHOR: SENIOR SENATOR FROMM)

LEGISLATIVE COUNSEL'S DIGEST

AP 22: ELDER AND DEPENDENT ADULT ABUSE.

EXISTING LAW PROSCRIBES CRIMES AGAINST ELDER AND DEPENDENT ADULTS INVOLVING PHYSICAL AND FINANCIAL ABUSE AND ESTABLISHES CRIMINAL PENALTIES, INCLUDING FINES, FOR THE WILLFUL ABUSE OF AN ELDER OR DEPENDENT ADULT, WHEN THE PERSON WHO PERMITS OR INFLICTS THE ABUSE HAS KNOWLEDGE THAT THE VICTIM IS AN ELDER OR DEPENDENT ADULT.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD INCREASE FINES FOR ELDER AND DEPENDENT ADULT ABUSE BY 10 PERCENT, WITH ALL MONEYS RESULTING FROM THE INCREASE RETURNED TO THE LOCAL JURISDICTION FOR USE IN COMBATING ELDER ABUSE.

VOTE: MAJORITY.

AP 22: RELATING TO ELDER AND DEPENDENT ADULT ABUSE

WHEREAS, THE LEGISLATURE, IN SECTION 13823.2 OF THE PENAL CODE, DID HEREBY FIND AND DECLARE “(1) THAT VIOLENT AND SERIOUS CRIMES ARE BEING COMMITTED AGAINST THE ELDERLY ON AN ALARMINGLY REGULAR BASIS, (2) THAT IN 1985, THE UNITED STATES DEPARTMENT OF JUSTICE REPORTED THAT APPROXIMATELY ONE IN EVERY 10 ELDERLY HOUSEHOLDS IN THE NATION WOULD BE TOUCHED BY CRIME, (3) THAT THE CALIFORNIA DEPARTMENT OF JUSTICE, BASED UPON LIMITED DATA RECEIVED FROM LOCAL LAW ENFORCEMENT AGENCIES, REPORTED THAT APPROXIMATELY 10,000 VIOLENT CRIMES WERE COMMITTED AGAINST ELDERLY VICTIMS IN 1985, AND (4) THAT, WHILE THE ELDERLY MAY NOT BE THE MOST FREQUENT TARGETS OF CRIME, WHEN THEY ARE VICTIMIZED THE IMPACT OF EACH VICIOUS ATTACK HAS LONG-LASTING EFFECTS. INJURIES INVOLVING, FOR EXAMPLE, A BROKEN HIP, MAY NEVER HEAL PROPERLY AND OFTEN LEAVE THE VICTIM PHYSICALLY IMPAIRED. THE LOSS OF MONEY USED FOR FOOD AND OTHER DAILY LIVING EXPENSES MAY BE LIFE-THREATENING FOR THE OLDER CITIZEN ON A FIXED INCOME. IN ADDITION, STOLEN OR DAMAGED PROPERTY OFTEN CANNOT BE REPLACE;” AND

WHEREAS, AMERICA IS AGING: BETWEEN 1950 AND 2000, THE TOTAL POPULATION INCREASED BY 87 PERCENT, THE POPULATION OF PEOPLE 65 YEARS OF AGE OR OLDER INCREASED BY 188 PERCENT, THOSE PEOPLE 85 YEARS OF AGE OR OLDER INCREASED BY 635 PERCENT, AND BY THE YEAR 2030 THE POPULATION OF PEOPLE OVER 65 YEARS OF AGE WILL TRIPLE TO OVER 70 MILLION; AND

WHEREAS, THE FEDERAL GOVERNMENT SPENDS $6.7 BILLION ON CHILD ABUSE PREVENTION EFFORTS AND ONLY $153.5 MILLION ON PROGRAMS TO ADDRESS ISSUES OF ELDER ABUSE, NEGLECT, AND EXPLOITATION; 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 2007 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE STATE OF CALIFORNIA AMEND PARAGRAPH (1) OF SUBDIVISION (b) AND SUBDIVISIONS (c), (d), AND (e) OF SECTION 368 OF THE PENAL CODE BY INCREASING THE FINES IN THOSE SECTIONS BY 10 PERCENT, AND THAT ALL MONEYS RESULTING FROM THE INCREASE BE RETURNED TO THE LOCAL JURISDICTIONS FOR USE IN COMBATING ELDER ABUSE; 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.

RN20072422706

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