CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 920Introduced by Senator BeallFebruary 04, 2020 An act to amend Sections 288, 502.9, 515, 525, 861.5, and 868.7 of, and to amend the heading of Chapter 13 (commencing with Section 368) of Title 9 of Part 1 of, the Penal Code, and to amend Section 15610.23 of the Welfare and Institutions Code, relating to persons with disabilities. LEGISLATIVE COUNSEL'S DIGESTSB 920, as introduced, Beall. Persons with disabilities: terminology.Existing law, for various purposes, including prosecuting abuse and lewd and lascivious acts, among other things, defines the terms dependent person and dependent adult.This bill would change those terms in selected statutes to person with a disability and adult with a disability and would state the intent of the Legislature that those terms be changed in the remaining code sections that use them as changes are made to the code in the future.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. The Legislature finds and declares all of the following:(a) The terms dependent adult and dependent person are misleading because many of the people with disabilities that those terms cover live independently. These terms can mislead law enforcement officers, social workers, and even crime victims and their families to think that many people with disabilities are excluded from the laws protections.(b) The term elder and dependent adult abuse is cumbersome and often leads to the use of shorthand terms, including the misleadingly narrow elder abuse or the misleadingly broad adult abuse.(c) The term dependent demeans and insults people with disabilities who live independently.(d) Definitions of dependent adult or dependent person are, for most practical purposes, identical to the definition of disability in Section 422.56 of the Penal Code.(e) It is the intent of the Legislature in enacting this act that the terms dependent adult and dependent person be replaced in code with the term adult with a disability or person with a disability in future changes to the code.SEC. 2. Section 288 of the Penal Code is amended to read:288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.(b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, person with a disability, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim who is a person with a disability resulting from participation in the court process.(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.(2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:(1) Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: elders or persons with disabilities:(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Clinics.(C) Home health agencies.(D) Adult day health care centers.(E) Secondary schools that serve dependent persons with disabilities and postsecondary educational institutions that serve dependent persons with disabilities or elders.(F) Sheltered workshops.(G) Camps.(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.(I) Respite care facilities.(J) Foster homes.(K) Regional centers for persons with developmental disabilities.(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.(M) An agency that supplies in-home supportive services.(N) Board and care facilities.(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.(P) Private residences.(2) Board and care facilities means licensed or unlicensed facilities that provide assistance with one or more of the following activities:(A) Bathing.(B) Dressing.(C) Grooming.(D) Medication storage.(E) Medical dispensation.(F) Money management.(3) Dependent person (A) Person with a disability means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. Dependent person Person with a disability includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Dependent person means a person with a disability.(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person with a disability who is under care.(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.(3) As used in this subdivision, bodily harm means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.SEC. 3. The heading of Chapter 13 (commencing with Section 368) of Title 9 of Part 1 of the Penal Code is amended to read: CHAPTER 13. Crimes Against Elders, Dependent Adults, Elders and Persons with DisabilitiesSEC. 4. Section 502.9 of the Penal Code is amended to read:502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.SEC. 5. Section 515 of the Penal Code is amended to read:515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.SEC. 6. Section 525 of the Penal Code is amended to read:525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.SEC. 7. Section 861.5 of the Penal Code is amended to read:861.5. (a) Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, person with a disability, as defined in paragraph (3) of subdivision (f) of Section 288. The(b) The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness next appearance in the preliminary examination.SEC. 8. Section 868.7 of the Penal Code is amended to read:868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: witness who is either of the following:(1) Who is a A minor or a dependent person, person with a disability as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.(2) Whose A person whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her the persons features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.(b) In any case where When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.SEC. 9. Section 15610.23 of the Welfare and Institutions Code is amended to read:15610.23. (a) Dependent adult Adult with a disability means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.(b) Dependent adult Adult with a disability includes any a person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(c) Dependent adult means an adult with a disability as it is defined in this section.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 920Introduced by Senator BeallFebruary 04, 2020 An act to amend Sections 288, 502.9, 515, 525, 861.5, and 868.7 of, and to amend the heading of Chapter 13 (commencing with Section 368) of Title 9 of Part 1 of, the Penal Code, and to amend Section 15610.23 of the Welfare and Institutions Code, relating to persons with disabilities. LEGISLATIVE COUNSEL'S DIGESTSB 920, as introduced, Beall. Persons with disabilities: terminology.Existing law, for various purposes, including prosecuting abuse and lewd and lascivious acts, among other things, defines the terms dependent person and dependent adult.This bill would change those terms in selected statutes to person with a disability and adult with a disability and would state the intent of the Legislature that those terms be changed in the remaining code sections that use them as changes are made to the code in the future.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 920
Introduced by Senator BeallFebruary 04, 2020
Introduced by Senator Beall
February 04, 2020
An act to amend Sections 288, 502.9, 515, 525, 861.5, and 868.7 of, and to amend the heading of Chapter 13 (commencing with Section 368) of Title 9 of Part 1 of, the Penal Code, and to amend Section 15610.23 of the Welfare and Institutions Code, relating to persons with disabilities.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 920, as introduced, Beall. Persons with disabilities: terminology.
Existing law, for various purposes, including prosecuting abuse and lewd and lascivious acts, among other things, defines the terms dependent person and dependent adult.This bill would change those terms in selected statutes to person with a disability and adult with a disability and would state the intent of the Legislature that those terms be changed in the remaining code sections that use them as changes are made to the code in the future.
Existing law, for various purposes, including prosecuting abuse and lewd and lascivious acts, among other things, defines the terms dependent person and dependent adult.
This bill would change those terms in selected statutes to person with a disability and adult with a disability and would state the intent of the Legislature that those terms be changed in the remaining code sections that use them as changes are made to the code in the future.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) The terms dependent adult and dependent person are misleading because many of the people with disabilities that those terms cover live independently. These terms can mislead law enforcement officers, social workers, and even crime victims and their families to think that many people with disabilities are excluded from the laws protections.(b) The term elder and dependent adult abuse is cumbersome and often leads to the use of shorthand terms, including the misleadingly narrow elder abuse or the misleadingly broad adult abuse.(c) The term dependent demeans and insults people with disabilities who live independently.(d) Definitions of dependent adult or dependent person are, for most practical purposes, identical to the definition of disability in Section 422.56 of the Penal Code.(e) It is the intent of the Legislature in enacting this act that the terms dependent adult and dependent person be replaced in code with the term adult with a disability or person with a disability in future changes to the code.SEC. 2. Section 288 of the Penal Code is amended to read:288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.(b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, person with a disability, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim who is a person with a disability resulting from participation in the court process.(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.(2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:(1) Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: elders or persons with disabilities:(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Clinics.(C) Home health agencies.(D) Adult day health care centers.(E) Secondary schools that serve dependent persons with disabilities and postsecondary educational institutions that serve dependent persons with disabilities or elders.(F) Sheltered workshops.(G) Camps.(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.(I) Respite care facilities.(J) Foster homes.(K) Regional centers for persons with developmental disabilities.(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.(M) An agency that supplies in-home supportive services.(N) Board and care facilities.(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.(P) Private residences.(2) Board and care facilities means licensed or unlicensed facilities that provide assistance with one or more of the following activities:(A) Bathing.(B) Dressing.(C) Grooming.(D) Medication storage.(E) Medical dispensation.(F) Money management.(3) Dependent person (A) Person with a disability means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. Dependent person Person with a disability includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Dependent person means a person with a disability.(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person with a disability who is under care.(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.(3) As used in this subdivision, bodily harm means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.SEC. 3. The heading of Chapter 13 (commencing with Section 368) of Title 9 of Part 1 of the Penal Code is amended to read: CHAPTER 13. Crimes Against Elders, Dependent Adults, Elders and Persons with DisabilitiesSEC. 4. Section 502.9 of the Penal Code is amended to read:502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.SEC. 5. Section 515 of the Penal Code is amended to read:515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.SEC. 6. Section 525 of the Penal Code is amended to read:525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.SEC. 7. Section 861.5 of the Penal Code is amended to read:861.5. (a) Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, person with a disability, as defined in paragraph (3) of subdivision (f) of Section 288. The(b) The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness next appearance in the preliminary examination.SEC. 8. Section 868.7 of the Penal Code is amended to read:868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: witness who is either of the following:(1) Who is a A minor or a dependent person, person with a disability as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.(2) Whose A person whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her the persons features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.(b) In any case where When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.SEC. 9. Section 15610.23 of the Welfare and Institutions Code is amended to read:15610.23. (a) Dependent adult Adult with a disability means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.(b) Dependent adult Adult with a disability includes any a person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(c) Dependent adult means an adult with a disability as it is defined in this section.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) The terms dependent adult and dependent person are misleading because many of the people with disabilities that those terms cover live independently. These terms can mislead law enforcement officers, social workers, and even crime victims and their families to think that many people with disabilities are excluded from the laws protections.(b) The term elder and dependent adult abuse is cumbersome and often leads to the use of shorthand terms, including the misleadingly narrow elder abuse or the misleadingly broad adult abuse.(c) The term dependent demeans and insults people with disabilities who live independently.(d) Definitions of dependent adult or dependent person are, for most practical purposes, identical to the definition of disability in Section 422.56 of the Penal Code.(e) It is the intent of the Legislature in enacting this act that the terms dependent adult and dependent person be replaced in code with the term adult with a disability or person with a disability in future changes to the code.
SECTION 1. The Legislature finds and declares all of the following:(a) The terms dependent adult and dependent person are misleading because many of the people with disabilities that those terms cover live independently. These terms can mislead law enforcement officers, social workers, and even crime victims and their families to think that many people with disabilities are excluded from the laws protections.(b) The term elder and dependent adult abuse is cumbersome and often leads to the use of shorthand terms, including the misleadingly narrow elder abuse or the misleadingly broad adult abuse.(c) The term dependent demeans and insults people with disabilities who live independently.(d) Definitions of dependent adult or dependent person are, for most practical purposes, identical to the definition of disability in Section 422.56 of the Penal Code.(e) It is the intent of the Legislature in enacting this act that the terms dependent adult and dependent person be replaced in code with the term adult with a disability or person with a disability in future changes to the code.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) The terms dependent adult and dependent person are misleading because many of the people with disabilities that those terms cover live independently. These terms can mislead law enforcement officers, social workers, and even crime victims and their families to think that many people with disabilities are excluded from the laws protections.
(b) The term elder and dependent adult abuse is cumbersome and often leads to the use of shorthand terms, including the misleadingly narrow elder abuse or the misleadingly broad adult abuse.
(c) The term dependent demeans and insults people with disabilities who live independently.
(d) Definitions of dependent adult or dependent person are, for most practical purposes, identical to the definition of disability in Section 422.56 of the Penal Code.
(e) It is the intent of the Legislature in enacting this act that the terms dependent adult and dependent person be replaced in code with the term adult with a disability or person with a disability in future changes to the code.
SEC. 2. Section 288 of the Penal Code is amended to read:288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.(b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, person with a disability, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim who is a person with a disability resulting from participation in the court process.(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.(2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:(1) Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: elders or persons with disabilities:(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Clinics.(C) Home health agencies.(D) Adult day health care centers.(E) Secondary schools that serve dependent persons with disabilities and postsecondary educational institutions that serve dependent persons with disabilities or elders.(F) Sheltered workshops.(G) Camps.(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.(I) Respite care facilities.(J) Foster homes.(K) Regional centers for persons with developmental disabilities.(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.(M) An agency that supplies in-home supportive services.(N) Board and care facilities.(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.(P) Private residences.(2) Board and care facilities means licensed or unlicensed facilities that provide assistance with one or more of the following activities:(A) Bathing.(B) Dressing.(C) Grooming.(D) Medication storage.(E) Medical dispensation.(F) Money management.(3) Dependent person (A) Person with a disability means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. Dependent person Person with a disability includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Dependent person means a person with a disability.(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person with a disability who is under care.(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.(3) As used in this subdivision, bodily harm means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.
SEC. 2. Section 288 of the Penal Code is amended to read:
### SEC. 2.
288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.(b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, person with a disability, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim who is a person with a disability resulting from participation in the court process.(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.(2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:(1) Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: elders or persons with disabilities:(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Clinics.(C) Home health agencies.(D) Adult day health care centers.(E) Secondary schools that serve dependent persons with disabilities and postsecondary educational institutions that serve dependent persons with disabilities or elders.(F) Sheltered workshops.(G) Camps.(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.(I) Respite care facilities.(J) Foster homes.(K) Regional centers for persons with developmental disabilities.(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.(M) An agency that supplies in-home supportive services.(N) Board and care facilities.(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.(P) Private residences.(2) Board and care facilities means licensed or unlicensed facilities that provide assistance with one or more of the following activities:(A) Bathing.(B) Dressing.(C) Grooming.(D) Medication storage.(E) Medical dispensation.(F) Money management.(3) Dependent person (A) Person with a disability means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. Dependent person Person with a disability includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Dependent person means a person with a disability.(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person with a disability who is under care.(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.(3) As used in this subdivision, bodily harm means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.
288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.(b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, person with a disability, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim who is a person with a disability resulting from participation in the court process.(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.(2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:(1) Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: elders or persons with disabilities:(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Clinics.(C) Home health agencies.(D) Adult day health care centers.(E) Secondary schools that serve dependent persons with disabilities and postsecondary educational institutions that serve dependent persons with disabilities or elders.(F) Sheltered workshops.(G) Camps.(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.(I) Respite care facilities.(J) Foster homes.(K) Regional centers for persons with developmental disabilities.(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.(M) An agency that supplies in-home supportive services.(N) Board and care facilities.(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.(P) Private residences.(2) Board and care facilities means licensed or unlicensed facilities that provide assistance with one or more of the following activities:(A) Bathing.(B) Dressing.(C) Grooming.(D) Medication storage.(E) Medical dispensation.(F) Money management.(3) Dependent person (A) Person with a disability means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. Dependent person Person with a disability includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Dependent person means a person with a disability.(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person with a disability who is under care.(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.(3) As used in this subdivision, bodily harm means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.
288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.(b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.(c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, person with a disability, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim who is a person with a disability resulting from participation in the court process.(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.(2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:(1) Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: elders or persons with disabilities:(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Clinics.(C) Home health agencies.(D) Adult day health care centers.(E) Secondary schools that serve dependent persons with disabilities and postsecondary educational institutions that serve dependent persons with disabilities or elders.(F) Sheltered workshops.(G) Camps.(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.(I) Respite care facilities.(J) Foster homes.(K) Regional centers for persons with developmental disabilities.(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.(M) An agency that supplies in-home supportive services.(N) Board and care facilities.(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.(P) Private residences.(2) Board and care facilities means licensed or unlicensed facilities that provide assistance with one or more of the following activities:(A) Bathing.(B) Dressing.(C) Grooming.(D) Medication storage.(E) Medical dispensation.(F) Money management.(3) Dependent person (A) Person with a disability means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. Dependent person Person with a disability includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(B) Dependent person means a person with a disability.(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person with a disability who is under care.(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.(3) As used in this subdivision, bodily harm means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.
288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, 14 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.
(b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.
(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person person with a disability by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years.
(c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, years of age, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child.
(2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, person with a disability, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year.
(d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person with a disability and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim who is a person with a disability resulting from participation in the court process.
(e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837.
(2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county.
(f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply:
(1) Caretaker means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: elders or persons with disabilities:
(A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(B) Clinics.
(C) Home health agencies.
(D) Adult day health care centers.
(E) Secondary schools that serve dependent persons with disabilities and postsecondary educational institutions that serve dependent persons with disabilities or elders.
(F) Sheltered workshops.
(G) Camps.
(H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
(I) Respite care facilities.
(J) Foster homes.
(K) Regional centers for persons with developmental disabilities.
(L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code.
(M) An agency that supplies in-home supportive services.
(N) Board and care facilities.
(O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code.
(P) Private residences.
(2) Board and care facilities means licensed or unlicensed facilities that provide assistance with one or more of the following activities:
(A) Bathing.
(B) Dressing.
(C) Grooming.
(D) Medication storage.
(E) Medical dispensation.
(F) Money management.
(3) Dependent person (A) Person with a disability means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. Dependent person Person with a disability includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(B) Dependent person means a person with a disability.
(g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any an act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c).
(h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person with a disability who is under care.
(i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim.
(2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved.
(3) As used in this subdivision, bodily harm means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense.
SEC. 3. The heading of Chapter 13 (commencing with Section 368) of Title 9 of Part 1 of the Penal Code is amended to read: CHAPTER 13. Crimes Against Elders, Dependent Adults, Elders and Persons with Disabilities
SEC. 3. The heading of Chapter 13 (commencing with Section 368) of Title 9 of Part 1 of the Penal Code is amended to read:
### SEC. 3.
CHAPTER 13. Crimes Against Elders, Dependent Adults, Elders and Persons with Disabilities
CHAPTER 13. Crimes Against Elders, Dependent Adults, Elders and Persons with Disabilities
CHAPTER 13. Crimes Against Elders, Dependent Adults, Elders and Persons with Disabilities
CHAPTER 13. Crimes Against Elders, Dependent Adults, Elders and Persons with Disabilities
SEC. 4. Section 502.9 of the Penal Code is amended to read:502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
SEC. 4. Section 502.9 of the Penal Code is amended to read:
### SEC. 4.
502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
502.9. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
SEC. 5. Section 515 of the Penal Code is amended to read:515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
SEC. 5. Section 515 of the Penal Code is amended to read:
### SEC. 5.
515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
SEC. 6. Section 525 of the Penal Code is amended to read:525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
SEC. 6. Section 525 of the Penal Code is amended to read:
### SEC. 6.
525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, a person with a disability, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170.
SEC. 7. Section 861.5 of the Penal Code is amended to read:861.5. (a) Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, person with a disability, as defined in paragraph (3) of subdivision (f) of Section 288. The(b) The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness next appearance in the preliminary examination.
SEC. 7. Section 861.5 of the Penal Code is amended to read:
### SEC. 7.
861.5. (a) Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, person with a disability, as defined in paragraph (3) of subdivision (f) of Section 288. The(b) The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness next appearance in the preliminary examination.
861.5. (a) Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, person with a disability, as defined in paragraph (3) of subdivision (f) of Section 288. The(b) The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness next appearance in the preliminary examination.
861.5. (a) Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, person with a disability, as defined in paragraph (3) of subdivision (f) of Section 288. The(b) The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness next appearance in the preliminary examination.
861.5. (a) Notwithstanding subdivision (a) of Section 861, the magistrate may postpone the preliminary examination for one court day in order to accommodate the special physical, mental, or emotional needs of a child witness who is 10 years of age or younger or a dependent person, person with a disability, as defined in paragraph (3) of subdivision (f) of Section 288.
The
(b) The magistrate shall admonish both the prosecution and defense against coaching the witness prior to the witness next appearance in the preliminary examination.
SEC. 8. Section 868.7 of the Penal Code is amended to read:868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: witness who is either of the following:(1) Who is a A minor or a dependent person, person with a disability as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.(2) Whose A person whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her the persons features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.(b) In any case where When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.
SEC. 8. Section 868.7 of the Penal Code is amended to read:
### SEC. 8.
868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: witness who is either of the following:(1) Who is a A minor or a dependent person, person with a disability as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.(2) Whose A person whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her the persons features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.(b) In any case where When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.
868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: witness who is either of the following:(1) Who is a A minor or a dependent person, person with a disability as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.(2) Whose A person whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her the persons features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.(b) In any case where When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.
868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: witness who is either of the following:(1) Who is a A minor or a dependent person, person with a disability as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.(2) Whose A person whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her the persons features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.(b) In any case where When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.
868.7. (a) Notwithstanding any other provision of law, the magistrate may, upon motion of the prosecutor, close the examination in the manner described in Section 868 during the testimony of a witness: witness who is either of the following:
(1) Who is a A minor or a dependent person, person with a disability as defined in paragraph (3) of subdivision (f) of Section 288, with a substantial cognitive impairment and is the complaining victim of a sex offense, where testimony before the general public would be likely to cause serious psychological harm to the witness and where no alternative procedures, including, but not limited to, video recorded deposition or contemporaneous examination in another place communicated to the courtroom by means of closed-circuit television, are available to avoid the perceived harm.
(2) Whose A person whose life would be subject to a substantial risk in appearing before the general public, and where no alternative security measures, including, but not limited to, efforts to conceal his or her the persons features or physical description, searches of members of the public attending the examination, or the temporary exclusion of other actual or potential witnesses, would be adequate to minimize the perceived threat.
(b) In any case where When public access to the courtroom is restricted during the examination of a witness pursuant to this section, a transcript of the testimony of the witness shall be made available to the public as soon as is practicable.
SEC. 9. Section 15610.23 of the Welfare and Institutions Code is amended to read:15610.23. (a) Dependent adult Adult with a disability means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.(b) Dependent adult Adult with a disability includes any a person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(c) Dependent adult means an adult with a disability as it is defined in this section.
SEC. 9. Section 15610.23 of the Welfare and Institutions Code is amended to read:
### SEC. 9.
15610.23. (a) Dependent adult Adult with a disability means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.(b) Dependent adult Adult with a disability includes any a person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(c) Dependent adult means an adult with a disability as it is defined in this section.
15610.23. (a) Dependent adult Adult with a disability means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.(b) Dependent adult Adult with a disability includes any a person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(c) Dependent adult means an adult with a disability as it is defined in this section.
15610.23. (a) Dependent adult Adult with a disability means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.(b) Dependent adult Adult with a disability includes any a person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.(c) Dependent adult means an adult with a disability as it is defined in this section.
15610.23. (a) Dependent adult Adult with a disability means a person, regardless of whether the person lives independently, between the ages of 18 and 64 years of age who resides in this state and who has physical or mental limitations that restrict his or her the persons ability to carry out normal activities or to protect his or her the persons rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.
(b) Dependent adult Adult with a disability includes any a person between the ages of 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
(c) Dependent adult means an adult with a disability as it is defined in this section.