California 2017-2018 Regular Session Status: To Executive

AB 859 — Elders and dependent adults: abuse or neglect.

Last action — Stricken from file.

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

This bill died with 2017-2018 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Elder Abuse and Dependent Adult Civil Protection Act, provides for the award of attorney's fees and costs to, and the recovery of damages by, a plaintiff when it is proven by clear and convincing evidence that the defendant is liable for physical abuse or neglect, and the defendant has also been found guilty of recklessness, oppression, fraud, or malice in the commission of that abuse. This bill would instead apply a preponderance of the evidence standard to any claim brought against a residential care facility for the elderly or a skilled nursing facility, except as specified, for remedies sought pursuant to the above provisions, upon circumstances in which spoliation of evidence has been committed by the defendant, as specified. The bill would make conforming changes to a related provision.

Bill Text

Action History

  1. Stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

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

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 41. Noes 21. Page 3336.).

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 12. Page 2523.).

  8. Reconsideration granted. (Ayes 40. Noes 0. Page 2523.)

  9. Motion to reconsider made by Senator Mitchell.

  10. Read third time. Passed. Ordered to the Assembly.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 5. Noes 2.) (September 1).

  13. In committee: Referred to APPR. suspense file.

  14. Re-referred to Com. on APPR.

  15. From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 2.) (July 18). Re-referred to Com. on RLS.

  16. In committee: Hearing postponed by committee.

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

  18. Referred to Com. on JUD.

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

  20. Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 17. Page 2087.)

  21. Read second time. Ordered to third reading.

  22. From committee: Do pass. (Ayes 12. Noes 4.) (May 26).

  23. In committee: Set, first hearing. Referred to APPR. suspense file.

  24. From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 1.) (May 2). Re-referred to Com. on APPR.

  25. Re-referred to Com. on JUD.

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

  27. Re-referred to Com. on JUD.

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

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

  30. Referred to Com. on JUD.

  31. From printer. May be heard in committee March 19.

  32. Read first time. To print.

Sponsors

  • Eggman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Eggman

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 859 EGGMAN Concurrence in Senate Amendments

Passed 41 Yea · 21 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 2817013
Democratic 13002
Republican 0402
Total 4121017
% of votes cast 52%27%0%22%
How each member voted (79)
Member Party Vote
Acosta — Not Voting
Bloom — Yea
Brough — Nay
Kiley — Nay
Levine — Yea
Low — Yea
Mathis — Nay
Medina — Not Voting
O'Donnell — Not Voting
Quirk — Yea
Ridley-Thomas — Nay
Voepel — Nay
Waldron — Nay
Eggman — Yea
Burke — Yea
Chau — Yea
Chiu — Yea
Cooley — Yea
Cooper — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Friedman — Yea
Gray — Yea
Holden — Yea
Jones-Sawyer — Yea
McCarty — Yea
Mullin — Yea
Fong — Nay
Rendon — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Harper — Nay
Maienschein — Nay
Salas — Not Voting
Rubio — Not Voting
Mayes — Not Voting
Chu — Not Voting
Melendez — Nay
Bocanegra — Not Voting
Cunningham — Nay
Baker — Nay
Bigelow — Nay
Nazarian — Not Voting
Obernolte — Nay
Rodriguez — Not Voting
Santiago — Not Voting
Steinorth — Nay
Chávez — Nay
Dababneh — Yea
Daly — Not Voting
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican Nay

Official roll call →

Placed on suspense file

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
Bates — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Hill — Yea
Nielsen — Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 859 EGGMAN Assembly Third Reading

Passed 43 Yea · 17 Nay · 20 Other
Party YeaNayPresentNot Voting
Unaffiliated 3114014
Democratic 11103
Republican 1203
Total 4317020
% of votes cast 54%21%0%25%
How each member voted (80)
Member Party Vote
Acosta — Not Voting
Bigelow — Nay
Bloom — Yea
Brough — Nay
Jones-Sawyer — Yea
Mathis — Nay
Mullin — Yea
O'Donnell — Not Voting
Quirk — Yea
Rodriguez — Not Voting
Steinorth — Yea
Waldron — Nay
Eggman — Yea
Cunningham — Not Voting
Dababneh — Yea
Daly — Not Voting
Gomez — Yea
Chiu — Yea
Holden — Yea
Thurmond — Yea
Frazier — Yea
Friedman — Yea
Gray — Yea
Burke — Yea
Gonzalez Fletcher — Yea
Gloria — Yea
Harper — Nay
Kiley — Nay
Levine — Yea
Low — Yea
Maienschein — Nay
Mayes — Nay
Rubio — Not Voting
McCarty — Yea
Salas — Not Voting
Bocanegra — Not Voting
Fong — Not Voting
Chau — Yea
Baker — Nay
Chu — Yea
Chávez — Nay
Cooley — Yea
Cooper — Not Voting
Medina — Not Voting
Melendez — Nay
Nazarian — Not Voting
Obernolte — Nay
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Not Voting
Ting — Yea
Voepel — Nay
Weber — Yea
Wood — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Mark Stone — Yea
Travis Allen — Not Voting
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gipson, Mike A. Democratic Not Voting
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Not Voting
Lackey, Tom Republican 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 859 do?
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, provides for the award of attorney's fees and costs to, and the recovery of damages by, a plaintiff when it is proven by clear and convincing evidence that the defendant is liable for physical abuse or neglect, and the defendant has also been found guilty of recklessness, oppression, fraud, or malice in the commission of that abuse. This bill would instead apply a preponderance of the evidence standard to any claim brought against a residential care facility for the elderly or a skilled nursing facility, except as specified, for remedies sought pursuant to the above provisions, upon circumstances in which spoliation of evidence has been committed by the defendant, as specified. The bill would make conforming changes to a related provision.
Who sponsors AB 859?
AB 859 is sponsored by Eggman.
What is the current status of AB 859?
This bill died with 2017-2018 Regular Session. It reached “To Executive” 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 AB 859?
Track AB 859 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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