California 2013-2014 Regular Session Status: In Committee

SB 1302 — Elder abuse.

Last action — From committee without further action.

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

This bill died with 2013-2014 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 imposes restrictions upon a person's or beneficiary's entitlement to the estate of a decedent who was an elder or dependent adult if the person or beneficiary has committed certain acts against the decedent, including, but not limited to, physical abuse, neglect, or financial abuse. This bill would recast those provisions to instead provide that a person shall be deemed to have predeceased a decedent if he or she is liable for physical abuse, neglect, or financial abuse of the decedent pursuant to the Elder Abuse and Dependent Adult Civil Protection Act, or if that person has been convicted of a violation of provisions prohibiting willfully causing or permitting any elder or dependent adult to suffer, or inflicting thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causing or permitting the person or health of the elder or dependent adult to be injured, or willfully causing or permitting the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, as specified, in which the decedent was the victim. The bill would provide that any person who is deemed to have predeceased the decedent shall not receive any property, damages, costs, or restitution that are awarded to the decedent's estate whether that person's entitlement is under a will, a trust, or the laws of intestacy, nor serve as a fiduciary on behalf of the decedent's estate or trust.

Bill Text

Action History

  1. From committee without further action.

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

  3. Set for hearing May 6.

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

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

  6. Re-referred to Com. on JUD.

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

  8. Referred to Com. on RLS.

  9. Read first time.

  10. From printer. May be acted upon on or after March 24.

  11. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Wyland · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Wyland

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

Subjects

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Frequently asked questions

What does SB 1302 do?
Existing law imposes restrictions upon a person's or beneficiary's entitlement to the estate of a decedent who was an elder or dependent adult if the person or beneficiary has committed certain acts against the decedent, including, but not limited to, physical abuse, neglect, or financial abuse. This bill would recast those provisions to instead provide that a person shall be deemed to have predeceased a decedent if he or she is liable for physical abuse, neglect, or financial abuse of the decedent pursuant to the Elder Abuse and Dependent Adult Civil Protection Act, or if that person has been convicted of a violation of provisions prohibiting willfully causing or permitting any elder or dependent adult to suffer, or inflicting thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causing or permitting the person or health of the elder or dependent adult to be injured, or willfully causing or permitting the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, as specified, in which the decedent was the victim. The bill would provide that any person who is deemed to have predeceased the decedent shall not receive any property, damages, costs, or restitution that are awarded to the decedent's estate whether that person's entitlement is under a will, a trust, or the laws of intestacy, nor serve as a fiduciary on behalf of the decedent's estate or trust.
Who sponsors SB 1302?
SB 1302 is sponsored by Wyland.
What is the current status of SB 1302?
This bill died with 2013-2014 Regular Session. It reached “In Committee” 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 1302?
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