| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2657Introduced by Assembly Member MaienscheinFebruary 20, 2020 An act to amend Section 15633.5 of the Welfare and Institutions Code, relating to elder or dependent adult abuse. LEGISLATIVE COUNSEL'S DIGESTAB 2657, as introduced, Maienschein. Financial abuse of elder or dependent adults.Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures and requirements for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Existing law requires information relevant to the incident of elder or dependent adult abuse to be given to specified investigators, including investigators from an adult protective services agency, a local law enforcement agency, and the probate court.This bill would authorize information relevant to the incident of elder or dependent adult abuse to be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 15633.5 of the Welfare and Institutions Code is amended to read:15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight, or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.(2) Information relevant to the incident of elder or dependent adult abuse may be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.(b) The identity of any a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:(1) An adult protective services agency.(2) A long-term care ombudsman program.(3) A licensing agency.(4) A local law enforcement agency.(5) The office of the district attorney.(6) The office of the public guardian.(7) The probate court.(8) The bureau.(9) The Department of Business Oversight.(10) The Department of Consumer Affairs, Division of Investigation.(11) Counsel representing an adult protective services agency.(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:(1) To the district attorney in a criminal prosecution.(2) When a person reporting waives confidentiality.(3) By court order.(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 2657Introduced by Assembly Member MaienscheinFebruary 20, 2020 An act to amend Section 15633.5 of the Welfare and Institutions Code, relating to elder or dependent adult abuse. LEGISLATIVE COUNSEL'S DIGESTAB 2657, as introduced, Maienschein. Financial abuse of elder or dependent adults.Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures and requirements for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Existing law requires information relevant to the incident of elder or dependent adult abuse to be given to specified investigators, including investigators from an adult protective services agency, a local law enforcement agency, and the probate court.This bill would authorize information relevant to the incident of elder or dependent adult abuse to be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill |
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| 12 | 12 | | |
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| 13 | 13 | | No. 2657 |
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| 15 | 15 | | Introduced by Assembly Member MaienscheinFebruary 20, 2020 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Assembly Member Maienschein |
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| 18 | 18 | | February 20, 2020 |
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| 19 | 19 | | |
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| 20 | 20 | | An act to amend Section 15633.5 of the Welfare and Institutions Code, relating to elder or dependent adult abuse. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 23 | 23 | | |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | AB 2657, as introduced, Maienschein. Financial abuse of elder or dependent adults. |
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| 27 | 27 | | |
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| 28 | 28 | | Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures and requirements for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Existing law requires information relevant to the incident of elder or dependent adult abuse to be given to specified investigators, including investigators from an adult protective services agency, a local law enforcement agency, and the probate court.This bill would authorize information relevant to the incident of elder or dependent adult abuse to be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk. |
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| 30 | 30 | | Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes procedures and requirements for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Existing law requires information relevant to the incident of elder or dependent adult abuse to be given to specified investigators, including investigators from an adult protective services agency, a local law enforcement agency, and the probate court. |
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| 32 | 32 | | This bill would authorize information relevant to the incident of elder or dependent adult abuse to be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk. |
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| 33 | 33 | | |
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| 34 | 34 | | ## Digest Key |
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| 35 | 35 | | |
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| 36 | 36 | | ## Bill Text |
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| 38 | 38 | | The people of the State of California do enact as follows:SECTION 1. Section 15633.5 of the Welfare and Institutions Code is amended to read:15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight, or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.(2) Information relevant to the incident of elder or dependent adult abuse may be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.(b) The identity of any a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:(1) An adult protective services agency.(2) A long-term care ombudsman program.(3) A licensing agency.(4) A local law enforcement agency.(5) The office of the district attorney.(6) The office of the public guardian.(7) The probate court.(8) The bureau.(9) The Department of Business Oversight.(10) The Department of Consumer Affairs, Division of Investigation.(11) Counsel representing an adult protective services agency.(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:(1) To the district attorney in a criminal prosecution.(2) When a person reporting waives confidentiality.(3) By court order.(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report. |
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| 40 | 40 | | The people of the State of California do enact as follows: |
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| 42 | 42 | | ## The people of the State of California do enact as follows: |
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| 44 | 44 | | SECTION 1. Section 15633.5 of the Welfare and Institutions Code is amended to read:15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight, or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.(2) Information relevant to the incident of elder or dependent adult abuse may be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.(b) The identity of any a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:(1) An adult protective services agency.(2) A long-term care ombudsman program.(3) A licensing agency.(4) A local law enforcement agency.(5) The office of the district attorney.(6) The office of the public guardian.(7) The probate court.(8) The bureau.(9) The Department of Business Oversight.(10) The Department of Consumer Affairs, Division of Investigation.(11) Counsel representing an adult protective services agency.(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:(1) To the district attorney in a criminal prosecution.(2) When a person reporting waives confidentiality.(3) By court order.(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report. |
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| 46 | 46 | | SECTION 1. Section 15633.5 of the Welfare and Institutions Code is amended to read: |
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| 47 | 47 | | |
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| 48 | 48 | | ### SECTION 1. |
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| 50 | 50 | | 15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight, or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.(2) Information relevant to the incident of elder or dependent adult abuse may be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.(b) The identity of any a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:(1) An adult protective services agency.(2) A long-term care ombudsman program.(3) A licensing agency.(4) A local law enforcement agency.(5) The office of the district attorney.(6) The office of the public guardian.(7) The probate court.(8) The bureau.(9) The Department of Business Oversight.(10) The Department of Consumer Affairs, Division of Investigation.(11) Counsel representing an adult protective services agency.(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:(1) To the district attorney in a criminal prosecution.(2) When a person reporting waives confidentiality.(3) By court order.(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report. |
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| 52 | 52 | | 15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight, or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.(2) Information relevant to the incident of elder or dependent adult abuse may be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.(b) The identity of any a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:(1) An adult protective services agency.(2) A long-term care ombudsman program.(3) A licensing agency.(4) A local law enforcement agency.(5) The office of the district attorney.(6) The office of the public guardian.(7) The probate court.(8) The bureau.(9) The Department of Business Oversight.(10) The Department of Consumer Affairs, Division of Investigation.(11) Counsel representing an adult protective services agency.(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:(1) To the district attorney in a criminal prosecution.(2) When a person reporting waives confidentiality.(3) By court order.(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report. |
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| 54 | 54 | | 15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight, or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation, who is investigating a known or suspected case of elder or dependent adult abuse.(2) Information relevant to the incident of elder or dependent adult abuse may be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk.(b) The identity of any a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:(1) An adult protective services agency.(2) A long-term care ombudsman program.(3) A licensing agency.(4) A local law enforcement agency.(5) The office of the district attorney.(6) The office of the public guardian.(7) The probate court.(8) The bureau.(9) The Department of Business Oversight.(10) The Department of Consumer Affairs, Division of Investigation.(11) Counsel representing an adult protective services agency.(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:(1) To the district attorney in a criminal prosecution.(2) When a person reporting waives confidentiality.(3) By court order.(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report. |
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| 58 | 58 | | 15633.5. (a) (1) Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight, or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation, who is investigating a known or suspected case of elder or dependent adult abuse. |
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| 60 | 60 | | (2) Information relevant to the incident of elder or dependent adult abuse may be given to a federal law enforcement agency investigating a known or suspected case of elder or dependent adult abuse or to a local code enforcement agency investigating a property where the health and safety of an elder or dependent adult resident is at risk. |
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| 62 | 62 | | (b) The identity of any a person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency: |
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| 64 | 64 | | (1) An adult protective services agency. |
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| 66 | 66 | | (2) A long-term care ombudsman program. |
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| 68 | 68 | | (3) A licensing agency. |
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| 70 | 70 | | (4) A local law enforcement agency. |
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| 72 | 72 | | (5) The office of the district attorney. |
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| 74 | 74 | | (6) The office of the public guardian. |
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| 76 | 76 | | (7) The probate court. |
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| 78 | 78 | | (8) The bureau. |
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| 80 | 80 | | (9) The Department of Business Oversight. |
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| 82 | 82 | | (10) The Department of Consumer Affairs, Division of Investigation. |
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| 84 | 84 | | (11) Counsel representing an adult protective services agency. |
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| 86 | 86 | | (c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances: |
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| 88 | 88 | | (1) To the district attorney in a criminal prosecution. |
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| 90 | 90 | | (2) When a person reporting waives confidentiality. |
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| 92 | 92 | | (3) By court order. |
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| 94 | 94 | | (d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report. |
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