California 2023-2024 Regular Session Status: In Committee 1 D cosponsors

AB 2800 — Elders and dependent adults: abuse or neglect.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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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 2023-2024 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, the Elder Abuse and Dependent Adult Civil Protection Act, sets forth various provisions for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires specified persons, known as mandated reporters, to report cases of elder or dependent adult abuse, including cases of physical abuse or neglect. Under the act, failure to report the abuse is a misdemeanor. Existing law defines "neglect" for purposes of the act to include, among other things, failure to assist in personal hygiene or in the provision of food, clothing, or shelter, or failure to prevent malnutrition or dehydration. This bill would expand the definition of neglect to include (1) failure to implement a treatment plan, (2) failure to provide or arrange for services necessary for physical, mental, or emotional health, and (3) carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. Existing law defines "physical abuse" for purposes of the act to include, among other things, use of a physical or chemical restraint or psychotropic medication for specified purposes, including for punishment or for any purpose not authorized by a physician and surgeon. This bill would expand the definition of physical abuse to include use of a physical or chemical restraint or psychotropic medication for discipline or convenience when not required to treat the resident's medical symptoms and administered by a long-term health care facility or residential care facility for the elderly, as defined. By expanding the definitions of neglect and physical abuse, thereby expanding the scope of the crime of failing to report the neglect or abuse, the bill would impose a state-mandated local program. The 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, neglect, or abandonment, and that the defendant has 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 for those cases. 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. In committee: Set, first hearing. Hearing canceled at the request of author.

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

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

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

  5. From printer. May be heard in committee March 17.

  6. 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.

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

public-safety civil-rights healthcare
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Frequently asked questions

What does AB 2800 do?
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, sets forth various provisions for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires specified persons, known as mandated reporters, to report cases of elder or dependent adult abuse, including cases of physical abuse or neglect. Under the act, failure to report the abuse is a misdemeanor. Existing law defines "neglect" for purposes of the act to include, among other things, failure to assist in personal hygiene or in the provision of food, clothing, or shelter, or failure to prevent malnutrition or dehydration. This bill would expand the definition of neglect to include (1) failure to implement a treatment plan, (2) failure to provide or arrange for services necessary for physical, mental, or emotional health, and (3) carelessness that produces or could reasonably be expected to result in serious physical injury, mental suffering, or death. Existing law defines "physical abuse" for purposes of the act to include, among other things, use of a physical or chemical restraint or psychotropic medication for specified purposes, including for punishment or for any purpose not authorized by a physician and surgeon. This bill would expand the definition of physical abuse to include use of a physical or chemical restraint or psychotropic medication for discipline or convenience when not required to treat the resident's medical symptoms and administered by a long-term health care facility or residential care facility for the elderly, as defined. By expanding the definitions of neglect and physical abuse, thereby expanding the scope of the crime of failing to report the neglect or abuse, the bill would impose a state-mandated local program. The 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, neglect, or abandonment, and that the defendant has 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 for those cases. 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 2800?
AB 2800 is sponsored by Kalra, Ash (Democratic).
What is the current status of AB 2800?
This bill died with 2023-2024 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 2800?
Track AB 2800 free on One Click Politics — get push/email alerts when it moves.

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