AB 140

  • California Assembly Bill
  • 2013-2014 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 16, 2013
  • Passed Senate Sep 11, 2013
  • Signed by Governor Oct 09, 2013

Undue influence.

Bill Subjects

Undue Influence.

Abstract

Existing law provides that financial abuse of an elder or dependent adult occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined. Existing law makes failing to report, or impeding or inhibiting a report of, among other things, financial abuse of an elder or dependent adult, in violation of certain reporting requirements a misdemeanor. Existing law also makes it a misdemeanor for any caretaker of an elder or dependent adult to violate any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult. This bill would change the definition of undue influence to mean excessive persuasion that causes another person to act or refrain from acting by overcoming that person's free will and results in inequity. The bill would require, in determining whether the result was produced by undue influence, the vulnerability of the victim, the influencer's apparent authority, the actions or tactics used by the influencer, and the equity of the result to be considered. The bill would specify that an inequitable result, without more, is not sufficient to prove undue influence. By changing the definition of a crime, this bill would impose a state-mandated local program. Existing law prohibits the use of undue influence and establishes protections for individuals unable to resist undue influence in various areas of the law, including wills, trusts, and conservatorships. This bill would define undue influence for those purposes without superseding or interfering with the common law of undue influence. 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 Sponsors (2)

Votes


Actions


Oct 10, 2013

California State Legislature

Chaptered by Secretary of State - Chapter 668, Statutes of 2013.

Oct 09, 2013

California State Legislature

Approved by the Governor.

Sep 25, 2013

California State Legislature

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

Sep 11, 2013

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 2327.).

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 3230.).

Assembly

Assembly Rule 77 suspended. (Page 3227.)

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 13 pursuant to Assembly Rule 77.

Aug 13, 2013

Senate

Read second time. Ordered to third reading.

Aug 12, 2013

Senate

From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

Jul 02, 2013

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-2
  • Reading-1
  • Referral-Committee
Com. on APPR.

Jul 01, 2013

Senate

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 25).

Jun 14, 2013

Senate

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

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

Jun 10, 2013

Senate

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

May 29, 2013

Senate

Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

May 16, 2013

Senate

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

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 10. Page 1472.)

May 14, 2013

Assembly

Read second time. Ordered to third reading.

May 13, 2013

Assembly

Read second time and amended. Ordered to second reading.

May 09, 2013

Assembly

From committee: Do pass as amended. (Ayes 12. Noes 0.) (May 8).

May 07, 2013

Assembly

Re-referred to Com. on APPR.

  • Referral-Committee
Com. on APPR.

May 06, 2013

Assembly

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

Apr 24, 2013

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (April 23). Re-referred to Com. on APPR.

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

Apr 11, 2013

Assembly

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

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

Apr 10, 2013

Assembly

Read second time and amended.

Apr 09, 2013

Assembly

From committee: Do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 7. Noes 2.) (April 2).

Jan 24, 2013

Assembly

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

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

Jan 18, 2013

Assembly

From printer. May be heard in committee February 17.

Jan 17, 2013

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB140 HTML
01/17/13 - Introduced PDF
04/10/13 - Amended Assembly PDF
05/06/13 - Amended Assembly PDF
05/13/13 - Amended Assembly PDF
06/14/13 - Amended Senate PDF
07/02/13 - Amended Senate PDF
09/18/13 - Enrolled PDF
10/09/13 - Chaptered PDF

Related Documents

Document Format
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Sources

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