Betsy Butler
- Democratic
Author
The Elder Abuse and Dependent Adult Civil Protection Act proscribes crimes against elder and dependent adults involving physical and financial abuse. The act provides for the award of attorney's fees and costs, and damages to a plaintiff, when it is proven that a defendant is liable for physical abuse, neglect, or financial abuse, and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse. The Civil Discovery Act provides that it is the policy of the state that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for violation of the Elder Abuse and Dependent Adult Civil Protection Act. The Civil Discovery Act prohibits the court from recognizing or enforcing provisions of such a confidential settlement agreement in the absence of specified conditions. This bill would provide that an agreement, entered on or after January 1, 2013, to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, or the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined, or the defendant's current employer if the defendant's job responsibilities include contact with elders, dependent adults, or children, as specified. The bill would provide that any such provision is void as against public policy.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 644, Statutes of 2012.
Enrolled and presented to the Governor at 11:25 a.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 28. Page 6314.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.
Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 4690.).
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 4. Noes 1.) (June 19).
Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 24. Page 4989.)
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time and amended. Ordered to third reading. (Ayes 47. Noes 28. Page 4907.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 4. Noes 2.) (May 1).
Assembly Rule 56 suspended. (Page 4547.)
Read second time and amended.
From committee: Do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 6. Noes 4.) (April 24).
In committee: Set first hearing. Failed passage. Reconsideration granted.
Referred to Coms. on JUD. and AGING & L.T.C.
From printer. May be heard in committee March 25.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB2149 | HTML |
| 02/23/12 - Introduced | |
| 04/26/12 - Amended Assembly | |
| 05/21/12 - Amended Assembly | |
| 06/26/12 - Amended Senate | |
| 08/31/12 - Enrolled | |
| 09/27/12 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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