California 2015-2016 Regular Session Status: Enacted

SB 196 — Elder abuse: protective orders.

Last action — Chaptered by Secretary of State. Chapter 285, Statutes of 2015.

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

This bill has been enacted into law. Introduced February 10, 2015. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 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 authorizes a court to issue a protective order to restrain any person for the purpose of preventing the abuse of an elder or dependent adult. Under existing law, certain persons are authorized to file a petition for these protective orders on behalf of the elder or dependent adult, including a conservator or trustee, an attorney-in-fact, a person appointed as a guardian ad litem, or other person legally authorized to seek the order. This bill would, commencing July 1, 2016, additionally authorize a county adult protective services agency to file a petition for a protective order on behalf of an elder or dependent adult who has suffered abuse and has an impaired ability to appreciate and understand the circumstances that place him or her at risk of harm, or who has provided written authorization for the agency to act on his or her behalf. The bill would impose specified requirements on an adult protective services agency that files the petition, including, among others, assisting the elder or dependent adult to attend the hearing and, if a petition to appoint a conservator has not already been filed, referring the elder or dependent adult to the public guardian, as specified. The bill would also recast and clarify the definition of "abuse of an elder or a dependent adult." This bill would incorporate additional changes to Section 15657.03 of the Welfare and Institutions Code, proposed by AB 494 and AB 1081, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 285, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:45 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2205.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 79. Noes 0. Page 2527.) Ordered to the Senate.

  8. Ordered to third reading.

  9. Read third time and amended.

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 7. Noes 0.) (July 7).

  12. Read second time and amended. Re-referred to Com. on AGING & L.T.C.

  13. From committee: Do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 10. Noes 0.) (June 23).

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

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

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

  17. Read third time. Passed. (Ayes 38. Noes 0. Page 1097.) Ordered to the Assembly.

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

  19. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 982.) (May 12).

  20. Set for hearing May 12.

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

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

  23. Referred to Com. on JUD.

  24. From printer. May be acted upon on or after March 13.

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

Sponsors

  • Mark Stone · Cosponsor
  • Brown · Cosponsor
  • Hancock · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on

Sponsors (1)

  • Hancock

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Special Consent #7

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Democratic 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Anderson — Yea
Block — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Fuller — Yea
Galgiani — Yea
Allen — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Bates — Yea
Beall — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Moorlach — Yea
Morrell — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

SB 196 Hancock Senate Third Reading By BROWN

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Linder — Yea
Mathis — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Eggman — Yea
Daly — Yea
Frazier — Yea
Harper — Yea
Salas — Yea
Low — Yea
Mayes — Yea
Chau — Yea
Cooper — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Burke — Yea
Holden — Yea
Kim — Yea
Gray — Yea
Levine — Yea
Maienschein — Yea
Atkins — Yea
Bonilla — Yea
McCarty — Yea
Lopez — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Bigelow — Yea
Campos — Yea
Chang — Yea
Chiu — Yea
Chu — Not Voting
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Dodd — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Brown — Yea
Levine — Yea
Mathis — Yea
Lopez — Yea
Gray — Yea
Hadley — Yea
Gipson, Mike A. Democratic Yea

Official roll call →

3rd Reading

Passed 38 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Total 38001
% of votes cast 97%0%0%3%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Monning — Yea
Pan — Yea
Wieckowski — Yea
Fuller — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Galgiani — Yea
Cannella — Yea
Hall — Not Voting
Hernandez — Yea
Bates — Yea
Beall — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wolk — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leno — Yea
Moorlach — Yea
Hertzberg — Yea
Monning — Yea
Wieckowski — Yea
Anderson — Yea
Jackson, Corey A. Democratic 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 196 do?
Existing law authorizes a court to issue a protective order to restrain any person for the purpose of preventing the abuse of an elder or dependent adult. Under existing law, certain persons are authorized to file a petition for these protective orders on behalf of the elder or dependent adult, including a conservator or trustee, an attorney-in-fact, a person appointed as a guardian ad litem, or other person legally authorized to seek the order. This bill would, commencing July 1, 2016, additionally authorize a county adult protective services agency to file a petition for a protective order on behalf of an elder or dependent adult who has suffered abuse and has an impaired ability to appreciate and understand the circumstances that place him or her at risk of harm, or who has provided written authorization for the agency to act on his or her behalf. The bill would impose specified requirements on an adult protective services agency that files the petition, including, among others, assisting the elder or dependent adult to attend the hearing and, if a petition to appoint a conservator has not already been filed, referring the elder or dependent adult to the public guardian, as specified. The bill would also recast and clarify the definition of "abuse of an elder or a dependent adult." This bill would incorporate additional changes to Section 15657.03 of the Welfare and Institutions Code, proposed by AB 494 and AB 1081, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
Who sponsors SB 196?
SB 196 is sponsored by Mark Stone, Brown, and Hancock.
What is the current status of SB 196?
This bill has been enacted into law. Introduced February 10, 2015. Enacted.
Where can I track SB 196?
Track SB 196 free on One Click Politics — get push/email alerts when it moves.

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