AB 40

  • California Assembly Bill
  • 2011-2012 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 23, 2011
  • Passed Senate Aug 28, 2012
  • Signed by Governor Sep 27, 2012

Elder and dependent adult abuse: reporting.

Abstract

The Elder Abuse and Dependent Adult Civil Protection Act establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. The act requires certain persons, called mandated reporters, to report known or suspected instances of elder or dependent adult abuse. The act requires a mandated reporter, and authorizes any person who is not a mandated reporter, to report the abuse to the local ombudsman or the local law enforcement agency if the abuse occurs in a long-term care facility. Failure to report physical abuse and financial abuse of an elder or dependent adult under the act is a misdemeanor. This bill would require that, if the suspected abuse results in serious bodily injury, as defined, a mandated reporter make a telephone report to report suspected or alleged physical abuse, as defined, that occurs in a long-term care facility, to the local law enforcement agency, immediately, and no later than within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse. The bill would require that a written report be made to the local ombudsman, the corresponding licensing agency, and the local law enforcement agency within 2 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse. The bill would require that, if the suspected abuse does not result in serious bodily injury, a mandated reporter make a report by telephone and in writing within 24 hours of the reporter observing, obtaining knowledge of, or suspecting the physical abuse, as specified. Existing law authorizes a mandated reporter who has knowledge, or reasonably suspects, that types of elder or dependent adult abuse for which reports are not mandated occurred in a state mental hospital or a state developmental center to report to the designated investigator of the State Department of State Hospitals or the State Department of Developmental Services or to a local law enforcement agency or to the local ombudsman. This bill would delete the local ombudsman from the list of persons to whom the mandated reporter may report under these circumstances. This bill would authorize a person who is not a mandated reporter to report suspected or alleged abuse that occurred in a long-term care facility to both a long-term care ombudsman program or local law enforcement agency. This bill would incorporate additional changes to Section 15630 of the Welfare and Institutions Code proposed by SB 1051, to be operative only if SB 1051 and this bill are both enacted, both bills become effective on or before January 1, 2013, and this bill is enacted last. By changing the scope of an existing crime, this bill would impose a state-mandated local program. By increasing the duties of local officials, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Sponsors (2)

Votes


Actions


Sep 27, 2012

California State Legislature

Chaptered by Secretary of State - Chapter 659, Statutes of 2012.

California State Legislature

Approved by the Governor.

Sep 12, 2012

California State Legislature

Enrolled and presented to the Governor at 1:35 p.m.

Aug 29, 2012

Assembly

Assembly Rule 77 suspended. (Page 6488.)

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 4. Page 6523.).

Aug 28, 2012

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 4892.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

Aug 24, 2012

Senate

Read second time. Ordered to third reading.

Aug 23, 2012

Senate

Read third time and amended. Ordered to second reading.

Aug 21, 2012

Senate

Read second time and amended. Ordered to third reading.

Aug 20, 2012

Senate

From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 16).

Jul 02, 2012

Senate

In committee: Placed on APPR. suspense file.

Jun 19, 2012

Senate

Withdrawn from committee.

Senate

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

Jun 18, 2012

Senate

Read second time and amended. Re-referred to Com. on B. & F.I.

  • Reading-2
  • Reading-1
  • Amendment-Passage
  • Referral-Committee
Com. on B. & F.I.

Jun 15, 2012

Senate

From committee: Do pass as amended and re-refer to Com. on B. & F.I. (Ayes 7. Noes 0.) (June 12).

Jun 04, 2012

Senate

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

  • Reading-2
  • Amendment-Introduction
  • Reading-1
  • Amendment-Passage
  • Referral-Committee
Com. on HUMAN S.

Mar 21, 2012

Senate

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

  • Reading-2
  • Amendment-Introduction
  • Reading-1
  • Amendment-Passage
  • Referral-Committee
Com. on HUMAN S.

Mar 05, 2012

Senate

In committee: Hearing postponed by committee.

Jun 02, 2011

Senate

Referred to Coms. on HUMAN S. and B. & F.I.

  • Referral-Committee
Coms. on HUMAN S. and B. & F.I.

May 23, 2011

Senate

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

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 58. Noes 18. Page 1503.)

May 19, 2011

Assembly

Read second time. Ordered to third reading.

May 18, 2011

Assembly

From committee: Do pass. (Ayes 17. Noes 0.) (May 18).

May 04, 2011

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (May 3). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage
  • Committee-Passage-Favorable
Com. on APPR.

Mar 30, 2011

Assembly

From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 4. Noes 2.) (March 29). Re-referred to Com. on PUB. S.

  • Referral-Committee
  • Committee-Passage
  • Committee-Passage-Favorable
Com. on PUB. S.

Mar 22, 2011

Assembly

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

  • Referral-Committee
Com. on AGING & L.T.C.

Mar 21, 2011

Assembly

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

Jan 24, 2011

Assembly

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

  • Referral-Committee
Coms. on AGING & L.T.C. and PUB. S.

Dec 07, 2010

Assembly

From printer. May be heard in committee January 6.

Dec 06, 2010

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB40 HTML
12/06/10 - Introduced PDF
03/21/11 - Amended Assembly PDF
03/21/12 - Amended Senate PDF
06/04/12 - Amended Senate PDF
06/18/12 - Amended Senate PDF
08/21/12 - Amended Senate PDF
08/23/12 - Amended Senate PDF
09/10/12 - Enrolled PDF
09/27/12 - Chaptered PDF

Related Documents

Document Format
No related documents.

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

If you notice any inconsistencies with these official sources, feel free to file an issue.