AB 40 — Elder and dependent adult abuse: reporting.

Summary

The Elder Abuse and Dependent Adult Civil Protection Act establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires certain persons, called mandated reporters, to report known or suspected instances of elder or dependent adult abuse. The act requires a mandated reporter, and authorizes any person who is not a mandated reporter, to report the abuse to the local ombudsman or the local law enforcement agency if the abuse occurs in a long-term care facility. Failure to report physical abuse and financial abuse of an elder or dependent adult under the act is a misdemeanor. This bill would require that, if the suspected abuse results in serious bodily injury, as defined, a mandated reporter make a telephone report to report suspected or alleged physical abuse, as defined, that occurs in a long-term care facility, to the local law enforcement agency, immediately, and no later than within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse. The bill would require that a written report be made to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse. The bill would require that, if the suspected abuse does not result in serious bodily injury, a mandated reporter make a report by telephone and in writing within 24 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse, as specified. Existing law authorizes a mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated occurred in a state mental hospital or a state developmental center to report to the designated investigator of the State Department of State Hospitals or the State Department of Developmental Services or to a local law enforcement agency or to the local ombudsman. This bill would delete the local ombudsman from the list of persons to whom the mandated reporter may report under these circumstances. This bill would authorize a person who is not a mandated reporter to report suspected or alleged abuse that occurred in a long-term care facility to both a long-term care ombudsman program or local law enforcement agency. This bill would incorporate additional changes to Section 15630 of the Welfare and Institutions Code proposed by SB 1051, to be operative only if SB 1051 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last. By changing the scope of an existing crime, this bill would impose a state-mandated local program. By increasing the duties of local officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Chaptered 09/27/12 - Chaptered Current pdf September 27, 2012
• Enrolled 09/10/12 - Enrolled pdf September 10, 2012
• Amended 08/23/12 - Amended Senate pdf August 23, 2012
• Amended 08/21/12 - Amended Senate pdf August 21, 2012
• Amended 06/18/12 - Amended Senate pdf June 18, 2012
• Amended 06/04/12 - Amended Senate pdf June 04, 2012
• Amended 03/21/12 - Amended Senate pdf March 21, 2012
• Amended 03/21/11 - Amended Assembly pdf March 21, 2011
• Introduced 12/06/10 - Introduced pdf December 06, 2010
• AB40 View text html

Action History

1. September 27, 2012

   Chaptered by Secretary of State - Chapter 659, Statutes of 2012.

2. September 27, 2012

   Approved by the Governor.

3. September 12, 2012

   Enrolled and presented to the Governor at 1:35 p.m.

4. August 29, 2012

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 4. Page 6523.).

5. August 29, 2012

   Assembly Rule 77 suspended. (Page 6488.)

6. August 28, 2012

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

7. August 28, 2012

   Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4892.).

8. August 24, 2012

   Read second time. Ordered to third reading.

9. August 23, 2012

   Read third time and amended. Ordered to second reading.

10. August 21, 2012

    Read second time and amended. Ordered to third reading.

11. August 20, 2012

    From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 16).

12. July 02, 2012

    In committee: Placed on APPR. suspense file.

13. June 19, 2012

    Re-referred to Com. on APPR.

14. June 19, 2012

    Withdrawn from committee.

15. June 18, 2012

    Read second time and amended. Re-referred to Com. on B. & F.I.

16. June 15, 2012

    From committee: Do pass as amended and re-refer to Com. on B. & F.I. (Ayes 7. Noes 0.) (June 12).

17. June 04, 2012

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

18. March 21, 2012

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S.

19. March 05, 2012

    In committee: Hearing postponed by committee.

20. June 02, 2011

    Referred to Coms. on HUMAN S. and B. & F.I.

21. May 23, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

22. May 23, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 18. Page 1503.)

23. May 19, 2011

    Read second time. Ordered to third reading.

24. May 18, 2011

    From committee: Do pass. (Ayes 17. Noes 0.) (May 18).

25. May 04, 2011

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 3). Re-referred to Com. on APPR.

26. March 30, 2011

    From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 4. Noes 2.) (March 29). Re-referred to Com. on PUB. S.

27. March 22, 2011

    Re-referred to Com. on AGING & L.T.C.

28. March 21, 2011

    From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

29. January 24, 2011

    Referred to Coms. on AGING & L.T.C. and PUB. S.

30. December 07, 2010

    From printer. May be heard in committee January 6.

31. December 06, 2010

    Read first time. To print.

Sponsors

• Alquist · Cosponsor
• Yamada · Primary

Votes

Subjects