SENIOR ASSEMBLY PROPOSAL NO. 28

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

LEGISLATIVE COUNSEL'S DIGEST

AP 28: ELDER ABUSE: OFFENDER REGISTRY.

EXISTING LAW PROSCRIBES CRIMES AGAINST ELDER AND DEPENDENT ADULTS INVOLVING PHYSICAL AND FINANCIAL ABUSE AND ESTABLISHES CRIMINAL PENALTIES 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 REQUIRE THE STATE TO CONTINUOUSLY COMPILE THE IDENTITIES OF ALL PERSONS CONVICTED OF CRIMES INVOLVING PHYSICAL AND FINANCIAL ABUSE AGAINST ELDERS AND OTHER RELEVANT INFORMATION IN AN ELDER ABUSE OFFENDER REGISTRY AND TO MAKE THE REGISTRY ACCESSIBLE TO THE PUBLIC ON AN INTERNET WEB SITE.

VOTE: MAJORITY.

AP 28: RELATING TO ELDER ABUSE: OFFENDER REGISTRY

WHEREAS, THERE IS AN INCREASING TREND OF REPEAT OFFENDERS VICTIMIZING OUR SENIOR POPULATION THROUGH VARIOUS ACTS OF FINANCIAL, EMOTIONAL, NEGLECTFUL, AND PHYSICAL ABUSE; AND

WHEREAS, ACCESS TO INFORMATION ABOUT PREVIOUS OFFENDERS WOULD BETTER ENABLE OUR SENIORS TO PROTECT THEMSELVES FROM FALLING VICTIM TO REPEAT OFFENDERS; AND

WHEREAS, ACCESS TO INFORMATION ABOUT PREVIOUS OFFENDERS WOULD ALSO BETTER ENABLE CAREGIVING AGENCIES TO SCREEN POTENTIAL EMPLOYEES, THEREBY PROTECTING OUR SENIORS; 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 (1) ESTABLISH AN ELDER ABUSE OFFENDER REGISTRY, IN WHICH THE IDENTITIES OF ALL PERSONS CONVICTED OF A CRIME PURSUANT TO SECTION 368 OF THE PENAL CODE AND OTHER RELEVANT INFORMATION WOULD BE CONTINUOUSLY COMPILED, (2) REQUIRE ALL THOSE CONVICTED OF A CRIME PURSUANT TO SECTION 368 OF THE PENAL CODE TO REGISTER WITH A LOCAL LAW ENFORCEMENT AGENCY OF THE MUNICIPALITY OR COUNTY IN WHICH THEY RESIDE AND TO REREGISTER ANNUALLY FOR THE REMAINDER OF THEIR RESIDENCY IN THE STATE OF CALIFORNIA, (3) ESTABLISH A CRIMINAL PENALTY OF UP TO ONE YEAR IN A COUNTY JAIL, UP TO A $1,000 FINE, OR BOTH, FOR AN OFFENDER’S FAILURE TO REGISTER OR REREGISTER, (4) MAKE THE REGISTRY ACCESSIBLE TO THE PUBLIC ON AN INTERNET WEB SITE, (5) PROHIBIT REGISTERED OFFENDERS FROM EMPLOYMENT AS A CAREGIVER IN AN ASSISTED LIVING FACILITY, NURSING HOME, LICENSED BOARD AND CARE FACILITY, OR AS AN INDEPENDENT CAREGIVER WITHIN THE STATE OF CALIFORNIA, AND (6) REQUIRE THE CALIFORNIA DEPARTMENT OF JUSTICE TO UPDATE AND MAINTAIN THE REGISTRY AND THE INTERNET WEB SITE; 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.

 

RN20072425811

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