A.B.329

Summary

Existing law makes it a misdemeanor for a person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer or inflict thereon unjustifiable physical pain or mental suffering. This bill would make it a felony for a person to commit those acts against a resident of an unlicensed residential care facility for the elderly or an adult resident of an unlicensed community care facility, while owning, managing, or helping to operate that facility. By creating a new crime, this bill would impose a state-mandated local program. Existing law makes it a misdemeanor or a felony for a caretaker of an elder or dependent adult to violate any law proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or personal identifying information of that elder or dependent adult. Under existing law, if the value of the property taken exceeds $950, the offense is punishable by a fine not exceeding $2,500, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding $10,000, or by imprisonment in a county jail for 2, 3, or 4 years, or by both that fine and imprisonment. This bill would additionally make the above specified crime applicable to a person who has a business relationship with an elder or dependent adult. If in the commission of the above-specified offense, the elder or dependent adult is transported from one residential location to another residential location in furtherance of the offense, the bill would make the offense punishable by a fine not exceeding $20,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years By increasing the punishment for a crime, this bill would impose a state-mandated local program. Existing law defines "dependent adult" for purposes of crimes against elderly or dependent adults as including any person between 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined. This bill would expand that definition to include any person between 18 and 64 years of age who resides in a community care facility or an unlicensed community care facility. By expanding the application of crimes against dependent adults, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.