AMENDED IN SENIOR SENATE OCTOBER 21, 2008

SENIOR ASSEMBLY PROPOSAL NO. 11

INTRODUCED BY SENIOR ASSEMBLY MEMBER GERBRACHT

 

LEGISLATIVE COUNSEL'S DIGEST

AP 11: CRIMES AGAINST ELDERS.

EXISTING LAW MAKES IT A CRIME, AMONG OTHER THINGS, FOR 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 AN ELDER OR DEPENDENT ADULT TO SUFFER, OR HAVING THE CARE OR CUSTODY OF ANY ELDER OR DEPENDENT ADULT 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, AND IMPOSES VARIOUS FINES AND CRIMINAL PENALTIES FOR VIOLATIONS,

EXISTING LAW FURTHERS MAKES IT A CRIME FOR ANY PERSON WHO IS NOT A CARETAKER WHO VIOLATES LAWS PROSCRIBING THEFT, EMBEZZLEMENT, FORGERY, FRAUD, OR IDENTITY THEFT, WITH RESPECT TO THE PROPERTY OR PERSONAL IDENTIFYING INFORMATION OF AN ELDER OR DEPENDENT ADULT, AND WHO KNOWS OR SHOULD KNOW THAT THE VICTIM IS AN ELDER OR DEPENDENT ADULT.

EXISTING LAW MAKES EVERY PERSON WHO HAS BEEN CONVICTED OF PETTY THEFT, GRAND THEFT, AUTO THEFT, BURGLARY, CARJACKING, ROBBERY, OR A SPECIFIED FELONY VIOLATION, WHO HAS SERVED A TERM FOR THAT CRIME IN A PENAL INSTITUTION OR BEEN IMPRISONED AS A CONDITION OF PROBATION FOR THAT OFFENSE, AND WHO IS SUBSEQUENTLY CONVICTED OF PETTY THEFT, AND THEN CONVICTED OF A SUBSEQUENT OFFENSE, SUBJECT TO IMPRISONMENT, NOT TO EXCEED ONE YEAR, IN THE COUNTY JAIL OR STATE PRISON.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD ALSO MAKE THOSE CRIMINAL PENALTIES FOR SUBSEQUENT CONVICTIONS FOR THEFT, BURGLARY, CARJACKING, ROBBERY, OR SPECIFIED FELONIES APPLICABLE TO VIOLATIONS OF SPECIFIED CRIMES INVOLVING PHYSICAL OR FINANCIAL ABUSE, OR THE INFLICTION OF PHYSICAL PAIN OR MENTAL SUFFERING, THAT ARE COMMITTED AGAINST AN ELDER OR DEPENDENT ADULT.

VOTE: MAJORITY.

 

AP 11: RELATING TO CRIMES AGAINST ELDERS OR DEPENDENT ADULTS

WHEREAS, PROVISIONS OF THE CALIFORNIA PENAL CODE PROVIDE THAT ELDERS AND DEPENDENT ADULTS ARE DESERVING OF SPECIAL CONSIDERATION AND PROTECTION IN REGARD TO CRIMES AGAINST THEM, NOT UNLIKE THE SPECIAL PROTECTIONS FOR MINOR CHILDREN, BECAUSE ELDERS AND DEPENDENT ADULTS MAY BE CONFUSED, TAKING 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; AND

WHEREAS, SECTION 666 OF THE PENAL CODE, WHICH SUBJECTS EVERY PERSON WHO HAS BEEN CONVICTED OF PETTY THEFT, GRAND THEFT, AUTO THEFT, BURGLARY, CARJACKING, ROBBERY, OR A SPECIFIED FELONY TO PRESCRIBED CRIMINAL PENALTIES, DOES NOT APPLY TO SPECIFIED CRIMES COMMITTED AGAINST AN ELDER OR DEPENDENT ADULT; AND

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2008 REGULAR SESSION A MAJORITY OF THE MEMBERS VOTING THEREFORE, HEREBY PROPOSES THAT SECTION 666 OF THE PENAL CODE SHOULD BE AMENDED TO CLARIFY THAT THE STATUTE INCLUDES VIOLATIONS OF SUBDIVISIONS (D) AND (E) OF SECTION 368 OF THE PENAL CODE SO THAT ANY PERSON WHO HAS BEEN CONVICTED OF A CRIME COMMITTED AGAINST AN ELDER OR DEPENDENT ADULT WOULD LIKEWISE BE SUBJECT TO THE CRIMINAL PENALTIES FOR PRIOR VIOLATIONS SET FORTH IN SECTION 666 OF THE PENAL CODE; NOW THEREFORE, BE IT

RESOLVED THAT SECTION 666 OF THE PENAL CODE BE AMENDED TO INCLUDE SPECIFIED CRIMES COMMITTED AGAINST AN ELDER OR DEPENDENT ADULT; 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.

 

RN 08 22032

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