Existing law authorizes victims of domestic violence, sexual assault, stalking, or human trafficking to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would make this program available to a victim of elder or dependent adult abuse. By expanding the scope of the program to include victims of elder or dependent abuse, this bill would impose new duties on local public officials and expand the scope of an existing crime, thereby creating 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes victims of domestic violence, sexual assault, stalking, or human trafficking to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would make this program available to a victim of elder or dependent adult abuse. By expanding the scope of the program to include victims of elder or dependent abuse, this bill would impose new duties on local public officials and expand the scope of an existing crime, thereby creating 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes victims of domestic violence, sexual assault, stalking, or human trafficking to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would make this program available to a victim of elder or dependent adult abuse and would make related conforming changes. abuse. By expanding the scope of the program to include victims of elder or dependent abuse, this bill would impose new duties on local public officials and expand the scope of an existing crime, thereby creating 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes victims of domestic violence, sexual assault, stalking, or human trafficking to complete an application to be approved by the Secretary of State for the purpose of enabling state and local agencies to respond to requests for public records without disclosing a program participants residence address contained in any public record and otherwise provide for confidentiality of identity for that person, subject to specified conditions. Any person who makes a false statement in an application is guilty of a misdemeanor.

This bill would make this program available to a victim of elder or dependent adult abuse and would make related conforming changes. By expanding the scope of the program to include victims of elder or dependent abuse, this bill would impose new duties on local public officials and expand the scope of an existing crime, thereby creating 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

SENATE THIRD READING

STR Bill Id:SB 1320

Author:(Stern)

As Amended Ver:April 9, 2018

Majority vote

SENATE VOTE: 39-0

SUMMARY: Allows victims of elder or dependent adult abuse, as defined, to participate in the Secretary of State's Safe at Home address confidentiality program. Specifically, this bill:

1. Allows victims of elder or dependent adult abuse to participate in the Secretary of State's Safe at Home address confidentiality program.
2. Defines elder or dependent adult abuse, for purposes of 1), to include, among other things:
   1. Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering;
   2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering;
   3. Financial abuse, which occurs when a person or entity does any of the following:
      1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with the intent to defraud, or both;
      2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both; or
      3. Assists in or takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult by undue influence.
   4. Willfully causing or permitting any elder or dependent adult to suffer, or inflicting unjustifiable physical pain or mental suffering, or, having the care or custody of any elder or dependent adult, willfully causing or permitting the person or health of the elder or dependent adult to be injured or willfully causing or permitting the elder or adult to be placed in a situation in which their person or health is endangered, when the person knows or reasonably should know that a victim is an elder or dependent adult.

EXISTING LAW:

1. Establishes an address confidentiality (or Safe at Home or SAH) program within the Office of the Secretary of State (SOS) in order to enable state and local agencies to both accept and respond to requests for public records without disclosing the name and/or address of a victim of domestic violence, sexual assault, stalking or human trafficking. Permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, or household member of a victim to apply through a community-based victims' assistance program to have an address designated by the SOS as their substitute mailing address. (Government Code Section 6205 et seq.)
2. Authorizes reproductive health care providers, employees, volunteers, and patients to apply to the address confidentiality program through a community-based victims' assistance program, as specified. (Government Code Section 6215 et seq.)
3. Requires that an applicant to the address confidentiality program based on domestic violence, sexual assault, stalking, or human trafficking, or household member of the victim, complete an application in person at a community-based victims' assistance program. Applicants are required to meet with a victims' assistance counselor and receive orientation information about the program. Requires the application to include a sworn statement that the applicant has good reason to believe that he or she is a victim of domestic violence, sexual assault, stalking, or human trafficking, and fears for his or her safety. (Government Code Section 6206 (a).)
4. Requires that the SOS certify a successful applicant as a program participant for four years following the date of filing, unless the certification is withdrawn or invalidated before that date, except reproductive health care services facilities volunteers shall be certified until six months from the last date of volunteering with the facility. Requires the SOS to establish a renewal procedure. (Government Code Sections 6206 (c), 6215.2 (e).)
5. Permits applicants to provide evidence with the application, including, but not limited to: police, court, or other government agency records or files; documentation from legal, clerical, medical, or other professionals from whom the applicant sought assistance in dealing with the alleged abuse or stalking; or any other evidence that supports the sworn statement alleging that the applicant is a victim of domestic violence, sexual assault, or stalking. (Government Code Section 6206 (a).)
6. Provides that any person who knowingly provides a false or incorrect statement in an application for the SAH program is guilty of a misdemeanor. (Government Code Section 6206 (e).)
7. Defines "abuse of an elder or dependent adult" as any of the following:
   1. Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm, or pain, or mental suffering;
   2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering; or
   3. Financial abuse, which occurs when a person or entity does any of the following:
      1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with the intent to defraud, or both;
      2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both; or
      3. Assists in or takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult by undue influence. (Welfare & Institutions Code Sections 15610.07, 15610.30.)
8. Defines "elder" as any person who is 65 years of age or older. (Penal Code Section 368 (g).)
9. Defines "dependent adult" as any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict that person's ability to carry out normal activities or to protect that person's rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. (Penal Code Section 368 (h).)
10. Provides that any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully cause or permits the elder or adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in the county jail or two, three, or four years in state prison, or a fine not to exceed $6,000, or both fine and imprisonment. (Penal Code Section 368 (b).)
11. Provides that any 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 inflicts unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. (Penal Code Section 368 (c).)

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. One-time implementation costs (GF), in the low hundreds-of-thousands of dollars, to the SOS.
2. Ongoing administrative costs to the SOS should be minor and absorbable.

COMMENTS: The Safe at Home program, which is administered by the Secretary of State, was established in 1998 by SB 489 (Alpert), Chapter 1005, Statutes of 1998, as the "Address Confidentiality for Victims of Domestic Violence Program." Since 1998, the SAH program has grown to include victims of sexual assault and stalking, reproductive health care workers, and, most recently, victims of human trafficking and household members of victims. The SAH program provides individuals who participate with a substitute mailing address in order to protect the confidentiality of the participant's home, work, or school address. The substitute mailing address is an assigned post office box, and the SOS is designated as the participant's agent for service of process and receipt of mail. Mail is forwarded by the SOS from the post office box to the participant. Thus, the Safe at Home program allows participants to have a publicly available address without disclosing the participant's actual residence or alternate location. This bill adds victims of elder and dependent adult abuse to the list of those who can participate in the SAH program.

The Legislature has established special protections for victims of elder or dependent adult abuse. In recognition of the need for special protection for California's vulnerable elders and dependent adults, the Legislature, has enacted significant criminal and civil protections for them. In 1983, the Legislature determined that crimes against dependent adults deserved special consideration and established enhanced criminal penalties against individuals who perpetrate crimes, including great bodily harm, infliction of pain, endangerment, and false imprisonment, against dependent adults. (SB 248 (Carpenter), Chapter 968, Statutes of 1983.) In 1986, the Legislature extended these protections to elders. (AB 3988 (Papan), Chapter 769, Statutes of 1986.)

In 1992, the Legislature enacted SB 679 (Mello), Chapter 774, Statutes of 1991, which established the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). EADACPA provides enhanced civil remedies to ensure adequate representation of and protection for victims of elder or dependent adult physical and financial abuse and neglect. These laws authorize courts to issue protective orders against persons engaging in violent, threatening, abusive, or harassing conduct of an elder or dependent adult. EADACPA authorizes a petition for a protective order to be filed on behalf of the elder or dependent adult by a conservator, trustee, attorney-in-fact, guardian ad litem, or other person legally authorized to act on behalf of the elder or dependent adult. In 2015, some of these protections were expanded by SB 196 (Hancock), Chapter 285, Statutes of 2015, which authorized a county adult protective services agency to file a petition for a protective order on behalf of an elder or dependent adult, as specified.

Need for victims of elder and dependent adult abuse to use the SAH program. Under current law, a victim of elder or dependent adult abuse is not eligible to participate in the SAH program. Thus, a victim of elder abuse who meets the SAH program's documentation requirements cannot seek to have their residential address kept confidential. Address confidentiality ensures that survivors can vote, work, attend school, and otherwise participate in civic life, without fear that their addresses will be publicly available to abusers who may still wish to cause a survivor harm. By keeping the residences of victims private and limiting victims' exposure to their abusers, the SAH program can also serve as a barrier to the re-victimization of many victims. Survivors of elder and dependent adult abuse are at high risk for continued or repeated abuse.

Survivors of elder and dependent adult abuse could greatly benefit from participation in the SAH program. By keeping qualifying survivors' address information confidential, there will be an additional protection for these individuals from potential re-victimization at the hands of their abusers.

Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334 FN: 0004076

Date of Hearing: June 27, 2018

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

SBPCA Bill Id:SB 1320

Author:(Stern) – As Amended Ver:April 9, 2018

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill expands eligibility for the Safe at Home Program, administered by the Secretary of State (SOS), to include those subject to elder or dependent abuse.

FISCAL EFFECT:

1. One-time implementation costs (GF), in the low hundreds-of-thousands of dollars, to the SOS.
2. Ongoing administrative costs to the SOS should be minor and absorbable.

COMMENTS:

1. Purpose. The author notes that disturbingly large numbers of the elderly suffer physical, emotional, and financial abuse. Yet, statute does not explicitly provide such individuals eligibility to the Safe At Home Program—described below. The author intends this bill to extend eligibility to the program to individuals subject to elder or dependent abuse, thereby better protecting them from their abusers by keeping their personal information confidential.
2. Background. The Safe at Home Program provides confidential mail-forwarding services to victims of domestic violence, stalking, or sexual assault who are in need of a substitute mailing address that can be used to receive mail and/or create a public record with state and local agencies. Participants may also receive other services, such as confidential voter registration, petition for a confidential name change through a California Superior Court, records suppression through the Department of Motor Vehicles, and “smog” vehicles without disclosing a residential address.

Analysis Prepared by: Jay Dickenson / APPR. / (916) 319-2081

Date of Hearing: June 19, 2018

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

SBPCA Bill Id:SB 1320

Author:(Stern) – As Amended Ver:April 9, 2018

PROPOSED CONSENT

SENATE VOTE: 39-0

SUBJECT: Elder or dependent adult abuse: ADDRESS confidentiality

KEY ISSUE: SHOULD THE SAFE AT HOME PROGRAM, which provides participants with a substitute mailing address in order to protect the confidentiality of their LOCATION, BE AVAILABLE TO VICTIMS OF ELDER AND DEPENDENT ADULT ABUSE?

SYNOPSIS

The Secretary of State (SOS) administers the “Safe at Home” address confidentiality program to protect victims of domestic violence, sexual assault, stalking, and human trafficking, as well as reproductive health care providers, employees, volunteers, and patients. The Safe at Home program provides individuals who participate with a substitute mailing address in order to protect the confidentiality of the participant’s home, work, or school address. The substitute mailing address is an assigned post office box, and the SOS is designated as the participant’s agent for service of process and receipt of mail. Mail is forwarded by the SOS from the post office box to the participant. Thus, the Safe at Home program allows participants to have a publicly available address without disclosing the participant’s actual residence or alternate location.

Under current law, victims of domestic violence, sexual assault, stalking, or human trafficking may apply to participate in the program. This bill would expand the program to include victims of elder and dependent adult abuse. The confidentiality protection of the Safe at Home Program is necessary, according to the author, to protect elder and dependent adults who are among the most vulnerable in our communities. Social isolation, physical disabilities, and mental impairment make these individuals particularly vulnerable to abuse. The bill is supported by a long list of law enforcement groups, senior advocacy organizations, as well as Secretary of State Alex Padilla, and has no opposition on file.

SUMMARY: Allows victims of elder or dependent adult abuse, as defined, to participate in the Secretary of State's Safe at Home address confidentiality program. Specifically, this bill:

1. Allows victims of elder or dependent adult abuse to participate in the Secretary of State's Safe at Home address confidentiality program.
2. Defines elder or dependent adult abuse, for purposes of 1), to include, among other things:
   1. Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering;
   2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering;
   3. Financial abuse, which occurs when a person or entity does any of the following:
      1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with the intent to defraud, or both;
      2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both; or
      3. Assists in or takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult by undue influence.
   4. Willfully causing or permitting any elder or dependent adult to suffer, or inflicting unjustifiable physical pain or mental suffering, or, having the care or custody of any elder or dependent adult, willfully causing or permitting the person or health of the elder or dependent adult to be injured or willfully causing or permitting the elder or adult to be placed in a situation in which their person or health is endangered, when the person knows or reasonably should know that a victim is an elder or dependent adult.

EXISTING LAW:

1. Establishes an address confidentiality (or Safe at Home or SAH) program within the Office of the Secretary of State (SOS) in order to enable state and local agencies to both accept and respond to requests for public records without disclosing the name and/or address of a victim of domestic violence, sexual assault, stalking or human trafficking. Permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, or household member of a victim to apply through a community-based victims’ assistance program to have an address designated by the SOS as their substitute mailing address. (Government Code Section 6205 et seq.)
2. Authorizes reproductive health care providers, employees, volunteers, and patients to apply to the address confidentiality program through a community-based victims’ assistance program, as specified. (Government Code Section 6215 et seq.)
3. Requires that an applicant to the address confidentiality program based on domestic violence, sexual assault, stalking, or human trafficking, or household member of the victim, complete an application in person at a community-based victims’ assistance program. Applicants are required to meet with a victims’ assistance counselor and receive orientation information about the program. Requires the application to include a sworn statement that the applicant has good reason to believe that he or she is a victim of domestic violence, sexual assault, stalking, or human trafficking, and fears for his or her safety. (Government Code Section 6206 (a).)
4. Requires that the SOS certify a successful applicant as a program participant for four years following the date of filing, unless the certification is withdrawn or invalidated before that date, except reproductive health care services facilities volunteers shall be certified until six months from the last date of volunteering with the facility. Requires the SOS to establish a renewal procedure. (Government Code Sections 6206 (c), 6215.2 (e).)
5. Permits applicants to provide evidence with the application, including, but not limited to: police, court, or other government agency records or files; documentation from legal, clerical, medical, or other professionals from whom the applicant sought assistance in dealing with the alleged abuse or stalking; or any other evidence that supports the sworn statement alleging that the applicant is a victim of domestic violence, sexual assault, or stalking. (Government Code Section 6206 (a).)
6. Provides that any person who knowingly provides a false or incorrect statement in an application for the SAH program is guilty of a misdemeanor. (Government Code Section 6206 (e).)
7. Defines "abuse of an elder or dependent adult" as any of the following:
   1. Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm, or pain, or mental suffering;
   2. The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering; or
   3. Financial abuse, which occurs when a person or entity does any of the following:
      1. Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with the intent to defraud, or both;
      2. Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both; or
      3. Assists in or takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult by undue influence. (Welfare & Institutions Code Sections 15610.07, 15610.30.)
8. Defines “elder” as any person who is 65 years of age or older. (Penal Code Section 368 (g).)
9. Defines “dependent adult” as any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict that person's ability to carry out normal activities or to protect that person's rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. (Penal Code Section 368 (h).)
10. Provides that any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully cause or permits the elder or adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in the county jail or two, three, or four years in state prison, or a fine not to exceed $6,000, or both fine and imprisonment. (Penal Code Section 368 (b).)
11. Provides that any 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 inflicts unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. (Penal Code Section 368 (c).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: The Safe at Home program, which is administered by the Secretary of State, was established in 1998 by SB 489 (Alpert), Chap. 1005, Stats. 1998, as the “Address Confidentiality for Victims of Domestic Violence Program.” Since 1998, the SAH program has grown to include victims of sexual assault and stalking, reproductive health care workers, and, most recently, victims of human trafficking and household members of victims. The SAH program provides individuals who participate with a substitute mailing address in order to protect the confidentiality of the participant’s home, work, or school address. The substitute mailing address is an assigned post office box, and the SOS is designated as the participant’s agent for service of process and receipt of mail. Mail is forwarded by the SOS from the post office box to the participant. Thus, the Safe at Home program allows participants to have a publicly available address without disclosing the participant’s actual residence or alternate location. This bill adds victims of elder and dependent adult abuse to the list of those who can participate in the SAH program.

According to the author:

The elderly are among the most vulnerable in our communities. Social isolation, physical disabilities, and mental impairment make the elderly particularly vulnerable to abuse.

According to the National Council on Aging, 1 in 10 Americans over the age of 60 experience some form of elder abuse; some estimate as high as 5 million elders are abused per year. Abused elders have a 300% higher risk of death and elder financial abuse and fraud costs older Americans an estimated minimum of $36.5 billion a year.

Currently, Californians who suffered from elder or dependent adult abuse are not explicitly eligible for the California Address Confidentiality Program known as Safe at Home. Those victims who live in fear of their abusers should be afforded the same opportunity to keep their information confidential through the Safe at Home Program.

The Legislature has established special protections for victims of elder or dependent adult abuse. In recognition of the need for special protection for California’s vulnerable elders and dependent adults, the Legislature, has enacted significant criminal and civil protections for them. In 1983, the Legislature determined that crimes against dependent adults deserved special consideration and established enhanced criminal penalties against individuals who perpetrate crimes, including great bodily harm, infliction of pain, endangerment, and false imprisonment, against dependent adults. (SB 248 (Carpenter), Chap. 968, Stats. 1983.) In 1986, the Legislature extended these protections to elders. (AB 3988 (Papan), Chap. 769, Stats. 1986.)

In 1992, the Legislature enacted SB 679 (Mello), Chap. 774, Stats. 1991, which established the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). EADACPA provides enhanced civil remedies to ensure adequate representation of and protection for victims of elder or dependent adult physical and financial abuse and neglect. These laws authorize courts to issue protective orders against persons engaging in violent, threatening, abusive, or harassing conduct of an elder or dependent adult. EADACPA authorizes a petition for a protective order to be filed on behalf of the elder or dependent adult by a conservator, trustee, attorney-in-fact, guardian ad litem, or other person legally authorized to act on behalf of the elder or dependent adult. In 2015, some of these protections were expanded by SB 196 (Hancock), Chap. 285, Stats. 2015, which authorized a county adult protective services agency to file a petition for a protective order on behalf of an elder or dependent adult, as specified.

Need for victims of elder and dependent adult abuse to use the SAH program. Under current law, a victim of elder or dependent adult abuse is not eligible to participate in the SAH program. Thus, a victim of elder abuse who meets the SAH program’s documentation requirements cannot seek to have their residential address kept confidential. Address confidentiality ensures that survivors can vote, work, attend school, and otherwise participate in civic life, without fear that their addresses will be publicly available to abusers who may still wish to cause a survivor harm. By keeping the residences of victims private and limiting victims' exposure to their abusers, the SAH program can also serve as a barrier to the re-victimization of many victims. Survivors of elder and dependent adult abuse are at high risk for continued or repeated abuse.

Writing in support, the California Elder Justice Coalition states:

For nearly two decades, Safe at Home has helped to protect survivors of stalking, domestic violence, sexual assault, and human trafficking and continuously extended its program to include more people. It is time for the same protections to be offered to victims of elder or dependent abuse. The elderly are among the most vulnerable in our communities. Social isolation, physical disabilities, and mental impairment make the elderly particularly vulnerable to abuse.

Those who have suffered from elder or dependent abuse and who are afraid their information will be acquired by their abusers should be able to participate in this program. This simple measure will give those who suffered from this form of abuse the opportunity to seek help and protection from this program.

Survivors of elder and dependent adult abuse could greatly benefit from participation in the SAH program. By keeping qualifying survivors’ address information confidential, there will be an additional protection for these individuals from potential re-victimization at the hands of their abusers.

Past Related Legislation: SB 597 (Leyva), Chap. 570, Stats. 2017 added victims of human trafficking and persons who reside in the household of crime victims who qualify for participation in the Safe at Home program to the Safe at Home program.

SB 1233 (Oropeza), Chap. 326, Stats. 2010, made the Safe at Home program permanent, removing the sunset.

SB 1062 (Bowen), Chap. 639, Stats. 2006, added sexual assault victims to those who qualify for the Safe at Home program.

AB 797 (Shelley), Chap. 380, Stats. 2002, added reproductive health care services personnel and patients to those who qualify for the Safe at Home program.

SB 1318 (Alpert), Chap. 562, Stats. 2000, added stalking victims to those who qualify for the Safe at Home program.

SB 489 (Alpert), Chap. 1005, Stats. 1998, established the “Address Confidentiality for Victims of Domestic Violence” program, which is now referred to as the Safe at Home program, to provide address confidentiality for victims of domestic violence.

REGISTERED SUPPORT / OPPOSITION:

Support

AARP California

California Alliance for Retired Americans

California District Attorneys Association

California Elder Justice Coalition

California Long-Term Care Ombudsman Association

California School Employees Association

California Senior Legislature

California State Retirees

California State Sheriff’s Association

Congress of California Seniors

Consumer Federation of California

Disability Rights California

Office of the State Long-Term Care Ombudsman

Peace Officers Research Association of California

San Diego County District Attorney

Secretary of State Alex Padilla

The Arc and United Cerebral Palsy California Collaboration

WISE and Healthy Aging

Opposition

None on file

Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334

 THIRD READING  

Bill No: SB 1320

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 7-0, 4/17/18

AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/25/18

AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener

SUBJECT:

SOURCE: Author

DIGEST:

This bill makes the Safe at Home program available to a victim of elder or dependent adult abuse, thus enabling state and local agencies to respond to requests for public records without disclosing the elder or dependent adult’s residence address contained in any public record and otherwise provides for the confidentiality of that individual’s address. This bill makes additional conforming changes.

ANALYSIS:

Existing law:

1. Establishes an address confidentiality (or Safe at Home) program within the Office of the Secretary of State (SOS) in order to enable state and local agencies to both accept and respond to requests for public records without disclosing the name and/or address of a victim of domestic violence, sexual assault, stalking or human trafficking. Existing law permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a community-based victims’ assistance program to have an address designated by the SOS as his or her substitute mailing address. (Gov. Code Sec. 6205 et seq.)
2. Authorizes reproductive health care providers, employees, volunteers, and patients to apply to the address confidentiality program through a community-based victims’ assistance program, as specified. (Gov. Code Sec. 6125 et seq.)
3. Requires that an applicant to the address confidentiality program based on domestic violence, sexual assault, or stalking complete an application in person at a community-based victims’ assistance program. Applicants are required to meet with a victims’ assistance counselor and receive orientation information about the program. Requires the application to include a sworn statement that the applicant has good reason to believe that he or she is a victim of domestic violence, sexual assault, or stalking, and fears for his or her safety. (Gov. Code Sec. 6206(a).)
4. Requires that the SOS certify a successful applicant as a program participant for four years following the date of filing, unless the certification is withdrawn or invalidated before that date, except that reproductive health care services facilities volunteers must be certified until six months from the last date of volunteering with the facility. Provides that the SOS shall establish a renewal procedure. (Gov. Code Secs. 206(c), 6215.2(e).)
5. Permits applicants to provide evidence with the application, including, but not limited to: police, court, or other government agency records or files; documentation from legal, clerical, medical, or other professionals from whom the applicant sought assistance in dealing with the alleged abuse or stalking; or any other evidence that supports the sworn statement alleging that the applicant is a victim of domestic violence, sexual assault, or stalking. (Gov. Code Sec. 6206(a).)
6. Provides that any person who knowingly provides a false or incorrect statement in an application for the SAH program is guilty of a misdemeanor. (Gov. Code Sec. 6206(e).)
7. Provides that any records or documents pertaining to a program participant must be retained and held confidential for a period of three years after termination of certification of participation in the program, and then destroyed, as specified. (Gov. Code Sec. 6206.5.)
8. Defines ‘abuse of an elder or dependent adult’ as any of the following:

• Physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm, or pain, or mental suffering.
• The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.
• Financial abuse, which occurs when a person or entity does any of the following:
  • Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with the intent to defraud, or both.
  • Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.
  • Assists in or takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult by undue influence. (Welf. & Inst. Code Secs. 15610.07, 15610.30.)

1. Defines “dependent adult” as any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. (Pen. Code Sec. 368(h).)
2. Defines “elder” as any person who is 65 years of age or older. (Pen. Code Sec. 368(g).)
3. Provides that any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstance or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully cause or permits the elder or adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in the county jail or two, three, or four years in state prison, or a fine not to exceed $6,000, or both fine and imprisonment. (Pen. Code Sec. 368(b).)
4. Provides that any 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 inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation is punishable by a fine not to exceed $1,000 or imprisonment in county jail not to exceed one year, or by both that fine and imprisonment. (Pen. Code Sec. 368(c).)

This bill:

1. Provides that a victim of elder or dependent adult abuse may participate in the Safe at Home program as long as required documentation is provided.
2. Makes additional conforming changes.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, the SOS anticipates one-time software upgrade costs of $250,000, one-time costs of $30,000 for additional mail bins, and ongoing postage costs of about $25,000 annually. The SOS has indicated additional minor and absorbable costs related to reprinting brochures, forms, applications, and outreach materials. (General Fund)

SUPPORT: (Verified 5/26/18)

AARP California

Arc California

California Alliance for Retired Americans

California Association for Health Services at Home

California District Attorneys Association

California Elder Justice Coalition

California Long-Term Care Ombudsman Association

California School Employees Association

California Senior Legislature

California State Sheriff’s Association

Congress of California Seniors

Office of the State Long-Term Care Ombudsman

San Diego County District Attorney

United Cerebral Palsy California Collaboration

WISE and Healthy Aging

OPPOSITION: (Verified 5/26/18)

None received

ARGUMENTS IN SUPPORT: According to the author, “The Safe at Home Program has been expanded over the years to include and protect an increasing number of survivors of different forms of abuse. SB 1320 will continue this trend by expanding Safe at Home’s protections to victims of elder or dependent abuse. With an enormous growth of seniors in our state, we should be affording them as many protections as possible. This simple measure will give those who suffered from this form of abuse the peace of mind that their home address cannot be uncovered by their abusers.”

Prepared by: Josh Tosney / JUD. / (916) 651-4113

5/26/18 15:26:27

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SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2017 - 2018 Regular Session

SB 1320 (Stern) - Elder or dependent adult abuse: victim confidentiality

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

SB 1320 would allow victims of elder or dependent adult abuse, as defined, or a household member of a victim to make use of the Safe at Home program.

Fiscal Impact:

The Secretary of State’s Office anticipates one-time software upgrade costs of $250,000, one-time costs of $30,000 for additional mail bins, and ongoing postage costs of about $25,000 annually. The office has indicated additional minor and absorbable costs related to reprinting brochures, forms, applications, and outreach materials. (General Fund)

Background:

Under existing law, the Safe at Home program is administered by the Secretary of State to provide victims of domestic violence, sexual assault, stalking, and human trafficking and household members of the victim with a substitute mailing address in order to protect the confidentiality of the participant’s home, work, or school address.

Proposed Law:

The bill would make the Safe at Home program available to elder or dependent adult abuse victims and members of their household.

Related Legislation:

SB 597 (Leyva, Ch. 570, Stats. 2017) expanded the Safe at Home program to include human trafficking victims and household members of victims of domestic violence, sexual assault, stalking, or human trafficking, excluding the perpetrator, if applicable.

AB 906 (Galgiani, 2012) would have authorized witnesses who have testified in murder trials to participate in the Safe at Home program. AB 906 was held on the Suspense File of this Committee.

SB 1062 (Bowen, Ch. 639, Stats. 2006) added victims of sexual assault to the list of eligible Safe at Home program participants.

AB 797 (Shelley, Ch. 380, Stats. 2002) expanded the Safe At Home program to reproductive health care services providers and their employees, volunteers, and patients.

SB 1318 (Alpert, Ch. 562, Stats. 2000) extended the protections of the Safe at Home program to victims of stalking, and revised certain notification procedures relating to termination of certification as a program participant.

AB 205 (Leach, Ch. 33, Stats. 2000) extended the Safe at Home program to cover victims of stalking.

SB 489 (Alpert, Ch. 1005, Stats. 1998) established what is now known as the Safe at Home program.

Staff Comments:

Currently, the Safe at Home program has approximately 3,300 participants. It is unknown how many additional enrollees the program would experience if elder and dependent adult abuse victims and their household members were allowed to participate. A report from Adult Protective Services indicated that 4,120 elder and dependent adult abuse victims were serviced through county block grants in 2015.

It is unknown to committee staff if the software costs are associated with specifically allowing elder and dependent adult abuse victims and their household members to participate in the Safe at Home program or if it is related to the program in general. The Secretary of State’s Office has indicated that the current program is outdated and does not fully support the reporting needs of the program or the influx of new participants.

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SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: SB 1320 (Author:Stern)

Version: April 9, 2018

Hearing Date: April 17, 2018

Fiscal: Yes

Urgency: No

Consultant: MS

SUBJECT

Elder or dependent adult abuse: victim confidentiality

DESCRIPTION

This bill would make the Safe at Home program available to a victim of elder or dependent adult abuse, thus enabling state and local agencies to respond to requests for public records without disclosing the elder or dependent adult’s residence address contained in any public record and otherwise provide for the confidentiality of that individual’s address. This bill would make additional conforming changes.

BACKGROUND

The Safe at Home (SAH) program, which is administered by the Secretary of State (SOS), was established in 1998 via SB 489 (Alpert, Ch. 1005, Stats. 1998) as the “Address Confidentiality for Victims of Domestic Violence Program.” Since 1998, the SAH program has grown to include victims of domestic violence, sexual assault, stalking, human trafficking, and reproductive health care workers. The SAH program provides those individuals who participate with a substitute mailing address in order to protect the confidentiality of the participant’s home, work, or school address. The substitute mailing address is an assigned post office box, and the SOS is designated as the participant’s agent for service of process and receipt of mail. Mail is forwarded by the SOS from the post office box to the participant. Thus, the Safe at Home program allows participants to have a publicly available address without disclosing the participant’s actual residence or alternate location.

Upon successful application, a program participant is certified to remain in the program for four years, subject to early termination or withdrawal, and must re-certify pursuant to the SOS’s renewal process if he or she wishes to continue in the program beyond the four-year enrollment period. This timeline is different only for reproductive health care volunteers who shall be certified until six months from the last date of volunteering with the facility. For participants who have not yet reached the age of majority or who are deemed incapacitated persons, a parent or guardian may apply to enroll the participant into the program.

The Legislature, in recognition of the need of special protection for California’s vulnerable elder and dependent adult population, has enacted significant criminal and civil protections for elders and dependent adults. In 1983, the Legislature determined that crimes against dependent adults deserved special consideration and established enhanced criminal penalties against individuals who perpetrate crimes, including great bodily harm, infliction of pain, endangerment, and false imprisonment, against dependent adults. In 1986, the Legislature extended these protections to elders.

In 1992, the Legislature enacted SB 679 (Mello, Ch. 774, Stats. 1991), which established the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA). EADACPA provides enhanced civil remedies to ensure adequate representation of and protection for victims of elder or dependent adult physical and financial abuse and neglect. These laws authorize courts to issue protective orders against persons engaging in violent, threatening, abusive, or harassing conduct of an elder or dependent adult. EADACPA authorizes a petition for a protective order to be filed on behalf of the elder or dependent adult by a conservator, trustee, attorney-in-fact, guardian ad litem, or other person legally authorized to act on behalf of the elder or dependent adult. In 2015, some of these protections were expanded by SB 196 (Hancock, Ch. 285, Stats. 2015), which authorized a county adult protective services agency to file a petition for a protective order on behalf of an elder or dependent adult, as specified.

This bill would further expand the protections available to elders or dependent adults who have been the victims of abuse by allowing them to partake in the SAH program. This bill would provide for the address confidentiality of qualifying victims of elder or dependent adult abuse, as well as make other conforming changes.

CHANGES TO EXISTING LAW

Existing law establishes an address confidentiality (or Safe at Home) program within the Office of the Secretary of State (SOS) in order to enable state and local agencies to both accept and respond to requests for public records without disclosing the name and/or address of a victim of domestic violence, sexual assault, stalking or human trafficking. Existing law permits any such adult victim, or parent or guardian acting on behalf of a minor or incapacitated person, to apply through a community-based victims’ assistance program to have an address designated by the SOS as his or her substitute mailing address. (Gov. Code Sec. 6205 et seq.)

Existing law authorizes reproductive health care providers, employees, volunteers, and patients to apply to the address confidentiality program through a community-based victims’ assistance program, as specified. (Gov. Code Sec. 6125 et seq.)

Existing law requires that an applicant to the address confidentiality program based on domestic violence, sexual assault, or stalking complete an application in person at a community-based victims’ assistance program. Applicants are required to meet with a victims’ assistance counselor and receive orientation information about the program. Requires the application to include a sworn statement that the applicant has good reason to believe that he or she is a victim of domestic violence, sexual assault, or stalking, and fears for his or her safety. (Gov. Code Sec. 6206(a).)

Existing law requires that the SOS certify a successful applicant as a program participant for four years following the date of filing, unless the certification is withdrawn or invalidated before that date, except reproductive health care services facilities volunteers shall be certified until six months from the last date of volunteering with the facility. Provides that the SOS shall establish a renewal procedure. (Gov. Code Secs. 206(c), 6215.2(e).)

Existing law permits applicants to provide evidence with the application, including, but not limited to: police, court, or other government agency records or files; documentation from legal, clerical, medical, or other professionals from whom the applicant sought assistance in dealing with the alleged abuse or stalking; or any other evidence that supports the sworn statement alleging that the applicant is a victim of domestic violence, sexual assault, or stalking. (Gov. Code Sec. 6206(a).)

Existing law provides that any person who knowingly provides a false or incorrect statement in an application for the SAH program is guilty of a misdemeanor. (Gov. Code Sec. 6206(e).)

Existing law provides that any records or documents pertaining to a program participant shall be retained and held confidential for a period of three years after termination of certification of participation in the program, and then destroyed, as specified. (Gov. Code Sec. 6206.5.)

Existing law defines ‘abuse of an elder or dependent adult’ as any of the following:

• physical abuse, neglect, abandonment, isolation, abduction, or other treatment with resulting physical harm, or pain, or mental suffering;
• the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering; or
• financial abuse, which occurs when a person or entity does any of the following:
  • takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with the intent to defraud, or both;
  • assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both; or
  • assists in or takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult by undue influence. (Welf. & Inst. Code Secs. 15610.07, 15610.30.)

Existing law defines “dependent adult” as any person who is between the ages of 18 and 64, who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. (Pen. Code Sec. 368(h).)

Existing law defines “elder” as any person who is 65 years of age or older. (Pen. Code Sec. 368(g).)

Existing law provides that any person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstance or conditions likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causes or permits the person or health of the elder or dependent adult to be injured or willfully cause or permits the elder or adult to be placed in a situation in which his or her person or health is endangered, is punishable by imprisonment in the county jail or two, three, or four years in state prison, or a fine not to exceed $6,000, or both fine and imprisonment. (Pen. Code Sec. 368(b).)

Existing law provides that any 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 inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent willfully causes or permits the elder or dependent adult to be placed in a situation in which his or her person or health may be endangered, is guilty of a misdemeanor. A second or subsequent violation is punishable by a fine not to exceed $1,000 or imprisonment in county jail not to exceed one year, or by both that fine and imprisonment. (Pen. Code Sec. 368(c).)

This bill would provide that a victim of elder or dependent adult abuse may participate in the Safe at Home program as long as required documentation is provided.

This bill would provide additional conforming changes.

COMMENT

1. Stated need for this bill

According to the Author:

The Safe at Home Program has been expanded over the years to include and protect an increasing number of survivors of different forms of abuse. SB 1320 will continue this trend by expanding Safe at Home’s protections to victims of elder or dependent abuse. With an enormous growth of seniors in our state, we should be affording them as many protections as possible. This simple measure will give those who suffered from this form of abuse the peace of mind that their home address cannot be uncovered by their abusers.

1. Increasing elder and dependent adult protections

The Legislature has a long history of recognizing the ways in which our elderly and dependent adult populations are at risk for particular types of abuse. The Legislature has worked to protect these vulnerable populations from this abuse through the creation of a robust statutory framework around the issue. Through their adoption of the Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) in 1991, the Legislature sought to provide enhanced protections for elders and dependent adults by requiring APS agencies, local long-term care ombudsman programs, and local law enforcement agencies to receive referrals or complaints from public or private agencies, from any mandated reporter, as specified, or from any other source having reasonable cause to know that the welfare of an elder or dependent adult is endangered. (Welf. & Inst. Code Sec. 15600 et seq.) EADACPA also requires these entities to take any actions considered necessary to protect the elder or dependent adult and correct the situation and ensure the individual’s safety. (Welf. & Inst. Code Sec. 15600(i).)

However, under current law, a victim of elder or dependent adult abuse is not eligible to participate in the SAH program. Thus, a victim of elder abuse who meets the SAH program’s documentation requirements cannot seek to have their residential address kept confidential. When this Committee heard SB 597 (Leyva, Ch. 570, Stats. 2017), which expanded the SAH program to victims of human trafficking, this Committee’s analysis noted that:

[a]ddress confidentiality ensures that survivors can vote, work, attend school, and otherwise participate in civic life, without fear that their addresses will be publicly available to traffickers who may still wish to cause a survivor harm…[B]y keeping the residences of victims private and limiting survivors’ exposure to their former trafficker, the SAH program will arguably also serve as a barrier to the re-victimization of many survivors. (See SB 597 (Leyva, Ch. 570, Stats. 2017).)

Survivors of elder and dependent adult abuse are also high risk for continued or repeated abuse. Writing in support, the California Elder Justice Coalition states:

For nearly two decades, Safe at Home has helped to protect survivors of stalking, domestic violence, sexual assault, and human trafficking and continuously extended its program to include more people. It is time for the same protections to be offered to victims of elder or dependent abuse. The elderly are among the most vulnerable in our communities. Social isolation, physical disabilities, and mental impairment make the elderly particularly vulnerable to abuse.

Those who have suffered from elder or dependent abuse and who are afraid their information will be acquired by their abusers should be able to participate in this program. This simple measure will give those who suffered from this form of abuse the opportunity to seek help and protection from this program.

Arguably, survivors of elder and dependent adult abuse would arguably also greatly benefit from participation in the SAH program. By keeping qualifying survivors’ address information confidential, there will be an additional protection for these individuals from potential re-victimization at the hands of their known abusers.

1. Preventing potential abuse of the system

Due to the nature of elder and dependent adult abuse, there have been some concerns raised that inclusion in the SAH program may be utilized to further isolate victims of these types of abuse. However, the SAH program is structured to prevent such misuse. Existing law requires the applicant complete the SAH program application at a community-based victims’ assistance program, and requires the SOS to designate state and local agencies and nonprofit agencies to provide counseling to victims and assist them in applying to the SAH program. (Gov. Code Secs. 6206, 6208.5.) This means that the counselors at the designated agencies and community-based programs provide one-on-one assistance to the victims and may help direct individuals who would be better served by a different program or service, or who may benefit from additional services available within the community.

Thus, rather than further isolating the elder or dependent adult, the very nature of this program requires they be further connected to resources available within their own community. Additionally, by requiring a counselor assist them with the application, the applicant is interacting with an individual trained to work with victims of abuse. This means there is one more set of eyes on the victim, one more person to help identify whether the abuse may be ongoing or what additional aid the applicant may need. Thus, arguably, participation in the SAH program would better connect victims of elder and dependent abuse to community resources, rather than put them at risk of further isolation.

Support: AARP California; Arc California; California Alliance for Retired Americans; California Alliance for Retired Americans; California Association for Health Services at Home; California District Attorneys Association; California Elder Justice Coalition; California Long-Term Care Ombudsman Association; California School Employees Association; California Senior Legislature; California State Sheriff’s Association; Congress of California Seniors; Office of the State Long-Term Care Ombudsman; San Diego County District Attorney; United Cerebral Palsy California Collaboration; WISE and Healthy Aging

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation: None Known

Prior Legislation:

SB 597 (Leyva, Ch. 570, Stats. 2017) See Background.

AB 2263 (Baker, Ch. 881, Stats. 2016) standardized the confidentiality protections for Safe at Home program participants, regardless of whether their participation is based on their status as victims of domestic violence, stalking, or sexual assault, or on their status as a patient, employee, or volunteer at a reproductive health care clinic; and required the Secretary of State to provide enrollees with information about how to protect their privacy on real property records.

AB 2498 (Bonta, Ch. 644, Stats. 2016) authorized, at the request of a victim, the withholding of the names and images of a victim of human trafficking and that victim’s immediate family from disclosure pursuant to the California Public Records Act, as specified and additionally prohibited law enforcement agencies from disclosing the names, addresses, and images of victims of human trafficking and their immediate family, except under specified circumstances.

SB 196 (Hancock, Ch. 285, Stats. 2015) See Background.

SB 612 (Leno, Ch. 130, Stats. 2013) prohibited landlords from terminating or failing to renew a tenancy based upon documented act(s) related to human trafficking.

AB 849 (Garcia, Ch. 676, Stats. 2013) authorized an application to the SOS’s Safe at Home program to be completed at a community-based assistance program that serves victims of elder or dependent adult abuse, and required the SOS to conduct outreach activities to identify and recruit agencies to assist specified victims in applying to the Safe at Home program.

AB 2483 (Blumenfield, Chapter 102, Statutes of 2012) removed the requirement that victims alleging stalking as the basis of their eligibility for the address confidentiality program provide specific evidence attached to the application.

SB 1082 (Corbett, Chapter 270, Statutes of 2012) made a number of changes to the Safe at Home program, including requiring applicants and participants of the program to be domiciled in California, and authorizing a minor participant to renew his or her participation upon reaching 18 years of age.

AB 906 (Galgiani, 2012) would have authorized witnesses who have testified in murder trials to participate in the Safe at Home program. This bill died on the Senate Appropriations Suspense File.

AB 454 (Silva, Chapter 101, Statutes of 2011) required that a party protected by a protective order receive notice when an action is filed by another party to terminate or modify that order.

SB 1062 (Bowen, Chapter 639, Statutes of 2006) added victims of sexual assault to the list of eligible Safe at Home program participants.

AB 797 (Shelley, Chapter 380, Statutes of 2002) expanded the Safe At Home program to reproductive health care services providers and their employees, volunteers, and patients.

SB 1318 (Alpert, Chapter 562, Statutes of 2000) extended the protections of the Safe at Home program to victims of stalking, and revised certain notification procedures relating to termination of certification as a program participant.

AB 205 (Leach, Chapter 33, Statutes of 2000) extended the Safe at Home program to cover victims of stalking.

SB 489 (Alpert, Chapter 1005, Statutes of 1998) established the “Address Confidentiality for Victims of Domestic Violence” program, which is now referred to as the Safe at Home program.

SB 679 (Mello, Ch. 774, Stats. 1991) See Background.

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