California 2017-2018 Regular Session Status: In Committee 1 D cosponsors

AB 329 — Elder and dependent adult abuse.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 makes it a misdemeanor for a person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer or inflict thereon unjustifiable physical pain or mental suffering. This bill would make it a felony for a person to commit those acts against a resident of an unlicensed residential care facility for the elderly or an adult resident of an unlicensed community care facility, while owning, managing, or helping to operate that facility. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a misdemeanor or a felony for a caretaker of an elder or dependent adult to violate any law proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or personal identifying information of that elder or dependent adult. Under existing law, if the value of the property taken exceeds $950, the offense is punishable by a fine not exceeding $2,500, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding $10,000, or by imprisonment in a county jail for 2, 3, or 4 years, or by both that fine and imprisonment. This bill would additionally make the above specified crime applicable to a person who has a business relationship with an elder or dependent adult. If in the commission of the above-specified offense, the elder or dependent adult is transported from one residential location to another residential location in furtherance of the offense, the bill would make the offense punishable by a fine not exceeding $20,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law defines "dependent adult" for purposes of crimes against elderly or dependent adults as including any person between 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined. This bill would expand that definition to include any person between 18 and 64 years of age who resides in a community care facility or an unlicensed community care facility. By expanding the application of crimes against dependent adults, this bill would impose a state-mandated local program. 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. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

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

  4. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

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

  6. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGING & L.T.C. Read second time and amended.

  7. Referred to Coms. on AGING & L.T.C. and PUB. S.

  8. From printer. May be heard in committee March 10.

  9. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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.

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Subjects

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Frequently asked questions

What does AB 329 do?
Existing law makes it a misdemeanor for a person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer or inflict thereon unjustifiable physical pain or mental suffering. This bill would make it a felony for a person to commit those acts against a resident of an unlicensed residential care facility for the elderly or an adult resident of an unlicensed community care facility, while owning, managing, or helping to operate that facility. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a misdemeanor or a felony for a caretaker of an elder or dependent adult to violate any law proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or personal identifying information of that elder or dependent adult. Under existing law, if the value of the property taken exceeds $950, the offense is punishable by a fine not exceeding $2,500, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding $10,000, or by imprisonment in a county jail for 2, 3, or 4 years, or by both that fine and imprisonment. This bill would additionally make the above specified crime applicable to a person who has a business relationship with an elder or dependent adult. If in the commission of the above-specified offense, the elder or dependent adult is transported from one residential location to another residential location in furtherance of the offense, the bill would make the offense punishable by a fine not exceeding $20,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law defines "dependent adult" for purposes of crimes against elderly or dependent adults as including any person between 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined. This bill would expand that definition to include any person between 18 and 64 years of age who resides in a community care facility or an unlicensed community care facility. By expanding the application of crimes against dependent adults, this bill would impose a state-mandated local program. 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 329?
AB 329 is sponsored by Cervantes, Sabrina (Democratic).
What is the current status of AB 329?
This bill died with 2017-2018 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 AB 329?
Track AB 329 free on One Click Politics — get push/email alerts when it moves.

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