Bill Dodd
- Democratic
Author
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law defines financial abuse for those purposes and provides that it 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 for a wrongful use or with intent to defraud, or both. Existing law requires a person or entity to be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes the property and the person or entity knew or should have known that the conduct is likely to be harmful to the elder or dependent adult. Existing law requires the court to award specified costs if a defendant is found liable for financial abuse, as specified. Existing law makes the failure 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. This bill, commencing January 1, 2026, would require a covered person or entity, as defined, to establish an emergency financial contact program for covered accountholders, as specified. The bill would require a covered person or entity to notify a joint accountholder or an emergency financial contact, if one has been provided, if the covered person or entity should reasonably suspect a covered transaction requested by the covered accountholder is the result of financial abuse. The bill would also require a covered person or entity to delay, by at least 3 business days, a covered transaction initiated by a covered accountholder if the covered person or entity should reasonably suspect the transaction is the result of financial abuse and would make a covered person or entity immune from administrative, civil, or other liability that might arise from a delayed or refused transaction. The bill would authorize a covered person or entity to implement an emergency financial contact program for an accountholder who is not an elder or dependent adult, as specified. Existing law provides for the award of attorney's fees and costs, and damages, to a plaintiff when it is proven by a preponderance of the evidence that the defendant is liable for financial abuse of an elder or dependent adult. This bill would, if proven by a preponderance of the evidence, subject a covered person or entity to liability for actual and noneconomic damages, for certain specified violations. The bill would prohibit a nonmanagerial employee of a covered entity or a covered person who is an employee of a covered entity who meets certain specifications from being held personally liable in their individual capacity for specified violations. The bill would make these provisions severable, except as specified.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 33. Noes 1. Page 5633.) Ordered to engrossing and enrolling.
Set for hearing August 28.
From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 5621.)
In Senate. Concurrence in Assembly amendments pending.
From committee: Be re-referred to Com. on B. & F.I. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5416.) Re-referred to Com. on B. & F.I.
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
Read third time. Passed. (Ayes 75. Noes 0. Page 6542.) Ordered to the Senate.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 2.) (August 15).
August 7 set for first hearing. Placed on suspense file.
Read second time. Ordered to third reading.
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 9. Noes 2.) (June 25).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 17). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.
Assembly Rule 56 suspended.
July 10 hearing postponed by committee.
June 26 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 33. Noes 5. Page 1216.) Ordered to the Assembly.
Read second time. Ordered to third reading.
Read third time and amended.
Ordered to second reading.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 10. Noes 1. Page 1011.) (May 2).
Set for hearing May 2.
April 25 set for first hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 830.) (April 19). Re-referred to Com. on JUD.
Set for hearing April 25 in JUD. pending receipt.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.
Set for hearing April 19.
March 29 hearing postponed by committee.
Set for hearing March 29.
From printer. May be acted upon on or after March 4.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB278 | HTML |
| 02/01/23 - Introduced | |
| 04/10/23 - Amended Senate | |
| 05/04/23 - Amended Senate | |
| 05/16/23 - Amended Senate | |
| 06/04/24 - Amended Assembly | |
| 06/26/24 - Amended Assembly | |
| 08/19/24 - Amended Assembly | |
| 08/22/24 - Amended Assembly | |
| 09/03/24 - Enrolled |
| Document | Format |
|---|---|
| 04/17/23- Senate Banking and Financial Institutions | |
| 04/28/23- Senate Judiciary | |
| 05/05/23- Sen. Floor Analyses | |
| 05/17/23- Sen. Floor Analyses | |
| 06/13/24- Assembly Banking and Finance | |
| 06/21/24- Assembly Judiciary | |
| 08/05/24- Assembly Appropriations | |
| 08/21/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/23/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/27/24- Senate Banking and Financial Institutions | |
| 08/28/24- Sen. Floor Analyses | |
| 10/16/24- Sen. Floor Analyses |
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