LEGISLATIVE COUNSEL'S DIGEST


SB 344, as amended, Strickland. Crimes against elders and
dependent adults.
Existing law proscribes various crimes committed against an elder
or dependent adult when the person has knowledge or reasonably should
know that the victim is an elder or dependent adult. These crimes
include willfully causing or permitting an elder or dependent adult
to suffer or inflicting unjustifiable physical pain or mental
suffering, or causing or permitting the person or health of the elder
or dependent to be injured or placed in a situation in which his or
her health is endangered. Existing law also establishes an additional
penalty for a person who violates any provision of law proscribing
theft, embezzlement, forgery, fraud, or identity theft, with respect
to the person or property of an elder or dependent adult.
This bill would apply the above penalty to knowingly engaging in
exploitation of or exerting criminal undue influence upon an elder or
dependent adult in order to acquire possession or control of an
interest in funds or property of the elder or dependent adult.
This bill would also establish a 2-year penalty enhancement
for each prior conviction for any person who violates the above
provisions governing abuse of an elder or dependent adult in addition
to the sentences set forth in those provisions. The bill
would revise and recast the definitions of terms used in those
provisions and make technical changes to related provisions.
By expanding the definitions of crimes, 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.