Bill Text: CA SB1233 | 2013-2014 | Regular Session | Amended
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-Amended.html
BILL NUMBER: SB 1233 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE APRIL 21, 2014
INTRODUCED BY Senator Wyland
FEBRUARY 20, 2014
An act to amend Section 368 801.6 of
the Penal Code, relating to crimes. and to
amend Section 15657.7 of the Welfare and Institutions Code, relating
to elder and dependent adult abuse.
LEGISLATIVE COUNSEL'S DIGEST
SB 1233, as amended, Wyland. Theft: elder and dependent
adults. Elder and dependent adult abuse: statutes of
limitation.
(1) Existing law allows prosecution for specified offenses
involving abuse of an elder or dependent adult, except for violations
of a law proscribing theft or embezzlement, to be filed at any time
within 5 years from the date of the occurrence of the offense.
This bill would increase this statute of limitations from 5 years
to 15 years from the date of the occurrence of the offense.
(2) Existing law requires that specified actions for damages for
financial abuse of an elder or dependent adult, as defined, be
commenced within 4 years after the plaintiff discovers or, through
the exercise of reasonable diligence, should have discovered, the
facts constituting the financial abuse.
This bill would increase this statute of limitations from 4 years
to 15 years after the plaintiff discovers, or through the exercise of
reasonable diligence, should have discovered, the facts constituting
the financial abuse.
Existing law makes it a crime, punishable either as a misdemeanor
or a felony, for a caretaker of an elder or dependent adult, or for a
person who is not a caretaker who knows or reasonably should know
that the victim is an elder or dependent adult, to violate any
provision of law proscribing theft, embezzlement, forgery, fraud, or
identity theft when 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 $250,000, if punished as
a felony.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 801.6 of the Penal
Code is amended to read:
801.6. Notwithstanding any other limitation of time described in
this chapter, prosecution for any offense proscribed by Section 368,
except for a violation of any provision of law
proscribing theft or embezzlement, may be filed at any time within
five 15 years from the date of
occurrence of such the offense.
SEC. 2. Section 15657.7 of the Welfare
and Institutions Code is amended to read:
15657.7. An action for damages pursuant to Sections 15657.5 and
15657.6 for financial abuse of an elder or dependent adult, as
defined in Section 15610.30, shall be commenced within four
15 years after the plaintiff discovers or,
through the exercise of reasonable diligence, should have discovered,
the facts constituting the financial abuse.
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) 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 inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of 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) 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 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) 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 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 two hundred fifty thousand dollars ($250,000), 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) 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 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 two hundred fifty thousand dollars ($250,000), 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) 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 a person who is 65
years of age or older.
(h) As used in this section, "dependent adult" means a person who
is between 18 and 64 years of age, inclusive, who has physical or
mental limitations 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 a person between 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 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 law. However, a
person shall not receive an additional term of imprisonment under
both paragraphs (2) and (3) of subdivision (b) for 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
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. 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.
