California 2011-2012 Regular Session Status: Enacted

AB 2149 — Elder and dependent adult abuse: settlement: gag order.

Last action — Chaptered by Secretary of State - Chapter 644, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 23, 2012. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    8 passed, 1 failed in recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Elder Abuse and Dependent Adult Civil Protection Act proscribes crimes against elder and dependent adults involving physical and financial abuse. The act provides for the award of attorney's fees and costs, and damages to a plaintiff, when it is proven that a defendant is liable for physical abuse, neglect, or financial abuse, and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. The Civil Discovery Act provides that it is the policy of the state that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for violation of the Elder Abuse and Dependent Adult Civil Protection Act. The Civil Discovery Act prohibits the court from recognizing or enforcing provisions of such a confidential settlement agreement in the absence of specified conditions. This bill would provide that an agreement, entered on or after January 1, 2013, to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, or the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined, or the defendant's current employer if the defendant's job responsibilities include contact with elders, dependent adults, or children, as specified. The bill would provide that any such provision is void as against public policy.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 644, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11:25 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 28. Page 6314.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 4690.).

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

  8. From committee: Do pass as amended. (Ayes 4. Noes 1.) (June 19).

  9. Referred to Com. on JUD.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 24. Page 4989.)

  12. Read third time and amended. Ordered to third reading. (Ayes 47. Noes 28. Page 4907.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 4. Noes 2.) (May 1).

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

  16. Assembly Rule 56 suspended. (Page 4547.)

  17. Read second time and amended.

  18. From committee: Do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 6. Noes 4.) (April 24).

  19. In committee: Set first hearing. Failed passage. Reconsideration granted.

  20. Referred to Coms. on JUD. and AGING & L.T.C.

  21. From printer. May be heard in committee March 25.

  22. Read first time. To print.

Sponsors

  • Butler · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Butler

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

AB 2149 BUTLER Concurrence in Senate Amendments

Passed 51 Yea · 28 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 502601
Democratic 1000
Republican 0200
Total 512801
% of votes cast 64%35%0%1%
How each member voted (80)
Member Party Vote
Hagman — Nay
Halderman — Nay
Butler — Yea
Campos — Yea
Eng — Yea
Feuer — Yea
Furutani — Yea
Fong — Yea
Garrick — Nay
Allen — Yea
Gordon — Yea
Gorell — Nay
Hall — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fletcher — Yea
Hill — Yea
Huber — Nay
Cedillo — Yea
Huffman — Yea
Bonilla — Yea
Atkins — Yea
Lara — Yea
Logue — Nay
Chesbro — Yea
Mendoza — Yea
Ammiano — Yea
Block — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Monning — Yea
Olsen — Nay
Pan — Yea
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Galgiani — Not Voting
Harkey — Nay
Donnelly — Nay
Knight — Nay
Morrell — Nay
Nielsen — Nay
Norby — Nay
Silva — Nay
Valadao — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Nay
Ma — Yea
Mansoor — Nay
Miller — Nay
Nestande — Nay
Perea — Yea
Solorio — Yea
Wagner — Nay
Williams — Yea
Dickinson — Yea
Yamada — Yea
Fuentes — Yea
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading AB2149 Butler By Corbett

Passed 25 Yea · 10 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 241003
Republican 0001
Democratic 1001
Total 251005
% of votes cast 63%25%0%13%
How each member voted (40)
Member Party Vote
Hancock — Yea
Hernandez — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Rubio — Yea
Yee — Yea
Runner — Nay
Evans — Yea
Fuller — Nay
Harman — Not Voting
Corbett — Yea
Huff — Nay
Leno — Yea
Lieu — Not Voting
Dutton — Nay
Liu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Alquist — Yea
Anderson — Nay
Blakeslee — Yea
Kehoe — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Cannella — Not Voting
Wyland — Yea
Emmerson — Nay
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Not Voting

Official roll call →

Do pass as amended.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Evans — Yea
Harman — Nay
Corbett — Yea
Leno — Yea
Blakeslee — Yea

Official roll call →

AB 2149 BUTLER Assembly Third Reading

Passed 43 Yea · 24 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 4223012
Republican 0101
Democratic 1000
Total 4324013
% of votes cast 54%30%0%16%
How each member voted (80)
Member Party Vote
Hagman — Nay
Hall — Not Voting
Fletcher — Not Voting
Fuentes — Not Voting
Atkins — Not Voting
John A. Pérez — Not Voting
Halderman — Nay
Jeffries — Nay
Cedillo — Not Voting
Donnelly — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Perea — Not Voting
Yamada — Yea
Furutani — Yea
Garrick — Nay
Gatto — Yea
Butler — Yea
Gordon — Yea
Gorell — Nay
Fong — Yea
Allen — Yea
Harkey — Nay
Hayashi — Yea
Campos — Yea
Portantino — Yea
Mitchell — Yea
Hill — Yea
Huber — Nay
Hueso — Yea
Lara — Yea
Bonilla — Yea
Logue — Nay
Mendoza — Yea
Carter — Yea
Monning — Yea
Ammiano — Yea
Beall — Yea
Chesbro — Yea
Conway — Nay
Cook — Nay
Davis — Yea
Olsen — Nay
Pan — Yea
Smyth — Nay
Swanson — Yea
Torres — Yea
Wagner — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Not Voting
Huffman — Yea
Knight — Not Voting
Ma — Not Voting
Mansoor — Nay
Norby — Nay
Silva — Not Voting
Skinner — Yea
Solorio — Yea
Valadao — Nay
Williams — Yea
Eng — Yea
Feuer — Yea
Dickinson — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay

Official roll call →

AB 2149 BUTLER Assembly Third Reading Amend By BUTLER Set #1

Passed 47 Yea · 28 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 462605
Democratic 1000
Republican 0200
Total 472805
% of votes cast 59%35%0%6%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Nay
Butler — Yea
Fuentes — Yea
Carter — Yea
Galgiani — Yea
Gatto — Yea
Fong — Yea
Hall — Yea
Allen — Yea
Hill — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Huffman — Yea
Torres — Yea
Williams — Yea
Campos — Yea
Garrick — Nay
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Hagman — Nay
Chesbro — Yea
Halderman — Nay
Harkey — Nay
Fletcher — Not Voting
Conway — Nay
Cook — Nay
Jeffries — Nay
Beall — Yea
Block — Yea
Donnelly — Nay
Knight — Nay
Lara — Yea
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Not Voting
Swanson — Not Voting
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Nay
Hueso — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Nielsen — Nay
Norby — Nay
Perea — Not Voting
Skinner — Yea
Smyth — Nay
Wagner — Nay
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 4 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Total 4200
% of votes cast 67%33%0%0%
How each member voted (6)
Member Party Vote
Halderman — Nay
Pan — Yea
Torres — Yea
Wagner — Nay
Yamada — Yea
V. Manuel Pérez — 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 AB 2149 do?
The Elder Abuse and Dependent Adult Civil Protection Act proscribes crimes against elder and dependent adults involving physical and financial abuse. The act provides for the award of attorney's fees and costs, and damages to a plaintiff, when it is proven that a defendant is liable for physical abuse, neglect, or financial abuse, and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. The Civil Discovery Act provides that it is the policy of the state that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for violation of the Elder Abuse and Dependent Adult Civil Protection Act. The Civil Discovery Act prohibits the court from recognizing or enforcing provisions of such a confidential settlement agreement in the absence of specified conditions. This bill would provide that an agreement, entered on or after January 1, 2013, to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, or the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined, or the defendant's current employer if the defendant's job responsibilities include contact with elders, dependent adults, or children, as specified. The bill would provide that any such provision is void as against public policy.
Who sponsors AB 2149?
AB 2149 is sponsored by Butler.
What is the current status of AB 2149?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2149?
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