California 2011-2012 Regular Session Status: Passed Senate

SB 558 — Elder and dependent adults: abuse or neglect: damages.

Last action — Set, second hearing. Held in committee and under submission.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the award of attorney's fees and costs to, and the recovery of damages by a plaintiff when it is proven by clear and convincing evidence that a defendant is liable for physical abuse or neglect of an elder or dependent adult and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. This bill would revise these provisions to change the standard of proof to a preponderance of the evidence. Existing law authorizes a plaintiff to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. Existing law provides that an employer is not liable for punitive damages based on the acts of an employee unless certain conditions are satisfied. Existing law requires that these conditions regarding the imposition of punitive damages on an employer based upon the acts of an employee be satisfied before any damages or attorney's fees permitted due to liability for physical abuse or neglect of an elder or dependent adult are authorized to be imposed against an employer. This bill would instead require that these conditions regarding the imposition of punitive damages on an employer be satisfied before any punitive damages may be imposed against an employer found liable for physical abuse, as defined, or neglect, as defined. This bill would state that these provisions are not intended to affect the specified standard of proof for punitive damages.

Bill Text

Action History

  1. Set, second hearing. Held in committee and under submission.

  2. Set, first hearing. Referred to APPR. suspense file.

  3. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 3.) (June 21). Re-referred to Com. on APPR.

  4. Referred to Com. on JUD.

  5. In Assembly. Read first time. Held at Desk.

  6. Read third time. Passed. (Ayes 21. Noes 14. Page 1229.) Ordered to the Assembly.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 6. Noes 2. Page 1119.) (May 26).

  9. Set for hearing May 26.

  10. Placed on APPR. suspense file.

  11. Set for hearing May 23.

  12. Re-referred to Com. on APPR.

  13. Re-referred to Com. on RLS.

  14. Read second time and amended. Ordered to third reading.

  15. From committee: Do pass as amended. (Ayes 3. Noes 2. Page 765.) (April 26).

  16. Set for hearing April 26.

  17. Set, first hearing. Hearing canceled at the request of author.

  18. (Corrected April 7.)

  19. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  20. Set for hearing April 12.

  21. Referred to Com. on JUD.

  22. From printer. May be acted upon on or after March 20.

  23. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Simitian · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Simitian

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd Reading

Passed 21 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191305
Democratic 2000
Republican 0100
Total 211405
% of votes cast 53%35%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Liu — Yea
Steinberg — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Rubio — Yea
Cannella — Nay
Corbett — Yea
Huff — Nay
Dutton — Nay
Leno — Yea
Pavley — Yea
Price — Yea
Wright — Yea
Runner — Nay
Negrete McLeod — Not Voting
Harman — Nay
Hernandez — Not Voting
Anderson — Nay
Correa — Not Voting
Vargas — Not Voting
Alquist — Yea
Blakeslee — Nay
Kehoe — Yea
Lieu — Yea
Simitian — Yea
Walters — Nay
Wolk — Yea
Emmerson — Not Voting
Evans — Yea
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 6 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6201
Total 6201
% of votes cast 67%22%0%11%
How each member voted (9)
Member Party Vote
Runner — Nay
Walters — Nay
Lieu — Yea
Pavley — Yea
Price — Yea
Alquist — Yea
Kehoe — Yea
Steinberg — Yea
Emmerson — Not Voting

Official roll call →

Placed on Appropriations Suspense file.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Emmerson — Yea

Official roll call →

Do pass as amended.

Passed 3 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3200
Total 3200
% of votes cast 60%40%0%0%
How each member voted (5)
Member Party Vote
Harman — Nay
Corbett — Yea
Blakeslee — Nay
Leno — Yea
Evans — Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 558 do?
Existing law provides for the award of attorney's fees and costs to, and the recovery of damages by a plaintiff when it is proven by clear and convincing evidence that a defendant is liable for physical abuse or neglect of an elder or dependent adult and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. This bill would revise these provisions to change the standard of proof to a preponderance of the evidence. Existing law authorizes a plaintiff to recover damages for the sake of example and by way of punishing the defendant in addition to the actual damages. Existing law provides that an employer is not liable for punitive damages based on the acts of an employee unless certain conditions are satisfied. Existing law requires that these conditions regarding the imposition of punitive damages on an employer based upon the acts of an employee be satisfied before any damages or attorney's fees permitted due to liability for physical abuse or neglect of an elder or dependent adult are authorized to be imposed against an employer. This bill would instead require that these conditions regarding the imposition of punitive damages on an employer be satisfied before any punitive damages may be imposed against an employer found liable for physical abuse, as defined, or neglect, as defined. This bill would state that these provisions are not intended to affect the specified standard of proof for punitive damages.
Who sponsors SB 558?
SB 558 is sponsored by Simitian.
What is the current status of SB 558?
This bill died with 2011-2012 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 558?
Track SB 558 free on One Click Politics — get push/email alerts when it moves.

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