SB 278

  • California Senate Bill
  • 2023-2024 Regular Session
  • Introduced in Senate Feb 01, 2023
  • Passed Senate May 22, 2023
  • Assembly
  • Governor

Elder abuse.

Bill Subjects

Elder Abuse

Abstract

Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law defines financial abuse for those purposes and provides that it occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or 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. Existing law requires a person or entity to be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes the property and the person or entity knew or should have known that the conduct is likely to be harmful to the elder or dependent adult. Existing law requires the court to award specified costs if a defendant is found liable for financial abuse, as specified. Existing law makes the failure to report, or impeding or inhibiting a report of, among other things, financial abuse of an elder or dependent adult, in violation of certain reporting requirements a misdemeanor. This bill would add to the definition of "financial abuse" knowingly aiding and abetting in the 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. The bill would also define "assists" for those purposes. The bill would also specifically state that the above-described provision regarding when a person or entity is deemed to have taken property for a wrongful use includes when a person or entity assisted in taking, secreting, appropriating, obtaining, or retaining property for a wrongful use. The changes made by this bill would not apply to criminal prosecutions and, therefore, the bill would not expand the above-described crime. The bill would make the provisions severable.

Bill Sponsors (7)

Votes


Actions


Jun 01, 2023

Assembly

Referred to Coms. on B. & F. and JUD.

  • Referral-Committee
Coms. on B. & F. and JUD.

May 23, 2023

Assembly

In Assembly. Read first time. Held at Desk.

May 22, 2023

Senate

Read third time. Passed. (Ayes 33. Noes 5.) Ordered to the Assembly.

May 17, 2023

Senate

Read second time. Ordered to third reading.

May 16, 2023

Senate

Ordered to second reading.

Senate

Read third time and amended.

May 04, 2023

Senate

Read second time and amended. Ordered to third reading.

May 03, 2023

Senate

From committee: Do pass as amended. (Ayes 10. Noes 1. Page 1011.) (May 2).

Apr 21, 2023

Senate

Set for hearing May 2.

Apr 20, 2023

Senate

April 25 set for first hearing canceled at the request of author.

Senate

From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 830.) (April 19). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Apr 12, 2023

Senate

Set for hearing April 25 in JUD. pending receipt.

Apr 10, 2023

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.

  • Amendment-Passage
  • Committee-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on B. & F.I.

Apr 03, 2023

Senate

Set for hearing April 19.

Mar 27, 2023

Senate

March 29 hearing postponed by committee.

Feb 28, 2023

Senate

Set for hearing March 29.

Feb 09, 2023

Senate

Referred to Coms. on B. & F.I. and JUD.

  • Referral-Committee
Coms. on B. & F.I. and JUD.

Feb 02, 2023

Senate

From printer. May be acted upon on or after March 4.

Feb 01, 2023

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB278 HTML
02/01/23 - Introduced PDF
04/10/23 - Amended Senate PDF
05/04/23 - Amended Senate PDF
05/16/23 - Amended Senate PDF

Related Documents

Document Format
04/17/23- Senate Banking and Financial Institutions PDF
04/28/23- Senate Judiciary PDF
05/05/23- Sen. Floor Analyses PDF
05/17/23- Sen. Floor Analyses PDF

Sources

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