SB 416: Elder abuse: isolation.

Session Year: 2017-2018
House: Senate
Latest Version Date: 2017-05-02

Version:

Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult to inflict unjustifiable physical pain or mental suffering on that elder or dependent adult.

This bill would specify that mental suffering may be proven by a pattern of isolation, as defined.

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.

Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependent adult and has the care or custody of any elder of dependent adult to willfully cause or permit the person or health of the elder or dependent adult to be injured, or willfully cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered. Existing law requires a person who causes great bodily injury to the victim during the commission of that crime to receive an additional 3 years in prison if the victim is under 70 years of age, and an additional 5 years in prison if the victim is 70 years of age or older. Existing law requires a person who proximately causes the death of the victim during the commission of that crime to serve an additional 5 years in prison if the victim is under 70 years of age, and an additional 7 years in prison if the victim is 70 years of age or older. Existing law requires the court, upon a conviction for elder abuse, to consider issuing an order restraining the defendant from any contact with the victim, as specified. The bill would require a person who causes great bodily injury to the victim during the commission of the above-specified crime to serve 5 additional years in prison, regardless of the age of the victim, and would require a person who proximately causes the death of the victim during the commission of the above-specified crime to serve 7 additional years in the state prison, regardless of the age of the victim. This bill would additionally make it a crime for a caretaker of an elder or dependent adult to willfully isolate that adult, as specified. The bill would make this crime a misdemeanor punishable by imprisonment in the county jail not exceeding 6 months or by a fine not exceeding $1,000, or by both that fine and imprisonment. The bill would require the court, upon a conviction for this crime, to consider issuing an order restraining the defendant from any contact with the victim, as specified. By expanding the definition of a crime, the 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.

Discussed in Hearing