California 2013-2014 Regular Session Status: Enacted

AB 140 — Undue influence.

Last action — Chaptered by Secretary of State - Chapter 668, Statutes of 2013.

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  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 January 17, 2013. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 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

Existing law provides that financial abuse of an elder or dependent adult occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined. Existing law makes failing to report, or impeding or inhibiting a report of, among other things, financial abuse of an elder or dependent adult, in violation of certain reporting requirements a misdemeanor. Existing law also makes it a misdemeanor for any caretaker of an elder or dependent adult to violate any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult. This bill would change the definition of undue influence to mean excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity. The bill would require, in determining whether the result was produced by undue influence, the vulnerability of the victim, the influencer's apparent authority, the actions or tactics used by the influencer, and the equity of the result to be considered. The bill would specify that an inequitable result, without more, is not sufficient to prove undue influence. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law prohibits the use of undue influence and establishes protections for individuals unable to resist undue influence in various areas of the law, including wills, trusts, and conservatorships. This bill would define undue influence for those purposes without superseding or interfering with the common law of undue influence. 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 668, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3230.).

  5. Assembly Rule 77 suspended. (Page 3227.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2327.).

  8. Read second time. Ordered to third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 25).

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

  13. In committee: Set, first hearing. Hearing canceled at the request of author.

  14. Referred to Com. on JUD.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 10. Page 1472.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered to second reading.

  19. From committee: Do pass as amended. (Ayes 12. Noes 0.) (May 8).

  20. Re-referred to Com. on APPR.

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

  22. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (April 23). Re-referred to Com. on APPR.

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

  24. Read second time and amended.

  25. From committee: Do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 7. Noes 2.) (April 2).

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

  27. From printer. May be heard in committee February 17.

  28. Read first time. To print.

Sponsors

  • Dickinson · Primary
  • Gatto · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

  • Dickinson

Co-sponsors (1)

  • Gatto

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 140 DICKINSON Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 3000
Total 77001
% of votes cast 99%0%0%1%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Levine — Yea
Linder — Yea
Mansoor — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Skinner — Yea
Waldron — Yea
Weber — Yea
Campos — Yea
Fox — Yea
Frazier — Yea
Gordon — Yea
Hagman — Yea
Hall — Yea
Chau — Yea
Allen — Yea
Bonilla — Yea
Logue — Yea
Morrell — Yea
Gray — Yea
Mitchell — Yea
Alejo — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Eggman — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Wagner — Yea
Wieckowski — Yea
Wilk — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Gatto — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Harkey — Yea
Chesbro — Yea
Donnelly — Not Voting
Jones-Sawyer — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Nestande — Yea
Pan — Yea
Perea — Yea
Williams — Yea
Dickinson — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB140 Dickinson By Wyland

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 3000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Lieu — Yea
Liu — Yea
Pavley — Yea
Walters — Yea
Emmerson — Not Voting
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Wright — Yea
Wyland — Yea
Cannella — Yea
Corbett — Yea
Fuller — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Torres — Yea
Vidak — Yea
Wolk — Yea
Knight — Not Voting
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 140 DICKINSON Assembly Third Reading

Passed 57 Yea · 10 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 517010
Democratic 6001
Republican 0301
Total 5710012
% of votes cast 72%13%0%15%
How each member voted (79)
Member Party Vote
Achadjian — Not Voting
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Not Voting
Linder — Yea
Maienschein — Yea
Mansoor — Nay
Morrell — Not Voting
Nazarian — Yea
Nestande — Yea
Perea — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Hagman — Nay
Mitchell — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Hall — Yea
Jones-Sawyer — Yea
Levine — Yea
Logue — Yea
Bocanegra — Yea
Medina — Yea
John A. Pérez — Yea
Salas — Yea
Mullin — Yea
Bloom — Yea
Chesbro — Yea
Chávez — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Olsen — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Wagner — Yea
Weber — Yea
Stone — Not Voting
Conway — Nay
Gorell — Not Voting
Harkey — Not Voting
Donnelly — Nay
Holden — Not Voting
Bigelow — Nay
Melendez — Not Voting
Waldron — Nay
Wilk — Nay
Fox — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Allen, Benjamin Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11005
Democratic 1000
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Linder — Not Voting
Wagner — Not Voting
Gatto — Yea
Gomez — Yea
Campos — Yea
Bocanegra — Yea
Pan — Yea
Quirk — Yea
Weber — Yea
Ammiano — Yea
Bradford — Yea
Donnelly — Not Voting
Harkey — Not Voting
Bigelow — Not Voting
Eggman — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

civil-rights labor
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Frequently asked questions

What does AB 140 do?
Existing law provides that financial abuse of an elder or dependent adult occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined. Existing law makes failing to report, or impeding or inhibiting a report of, among other things, financial abuse of an elder or dependent adult, in violation of certain reporting requirements a misdemeanor. Existing law also makes it a misdemeanor for any caretaker of an elder or dependent adult to violate any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult. This bill would change the definition of undue influence to mean excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity. The bill would require, in determining whether the result was produced by undue influence, the vulnerability of the victim, the influencer's apparent authority, the actions or tactics used by the influencer, and the equity of the result to be considered. The bill would specify that an inequitable result, without more, is not sufficient to prove undue influence. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law prohibits the use of undue influence and establishes protections for individuals unable to resist undue influence in various areas of the law, including wills, trusts, and conservatorships. This bill would define undue influence for those purposes without superseding or interfering with the common law of undue influence. 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 140?
AB 140 is sponsored by Dickinson and Gatto.
What is the current status of AB 140?
This bill has been enacted into law. Introduced January 17, 2013. Enacted.
Where can I track AB 140?
Track AB 140 free on One Click Politics — get push/email alerts when it moves.

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