Senate Bill 1715 (Calderon – 1998)
Chapter 935, Statutes of 1998
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Penal Code sections 237 and 368 were amended and Probate Code section 259 was added in 1998 following legislative passage of Senate Bill 1715. (See Exhibit #1i) Senator Charles Calderon introduced this measure relating to elder and dependent adult abuse on February 17, 1998 at the request of California Senior Legislature and the Commission on Aging. (See Exhibits #1a and #3, page 5)
The Senate Committee on Judiciary, the Senate Committee on Public Safety, the Assembly Committee on Public Safety, and the Assembly Committee on Judiciary considered the policy issues raised by the measure. (See Exhibits #3, #5, #10 and #12) The Senate and Assembly Committees on Appropriation examined the bill’s fiscal implications. (See Exhibits #2, #7 and #13) Senate Bill 1715 was amended seven times, three times in the Senate and four times in the Assembly. (See Exhibits #1b through #1h and #2) Following legislative approval, Governor Pete Wilson signed Senate Bill 1715 on September 28th, and it was recorded as Chapter 935 of the Statutes of 1998. (See Exhibits #1i and #2)
The Unfinished Business analysis of Senate Bill 1715, as last amended on August 24, 1998, prepared by the Office of Senate Floor Analyses described this bill as followsl:
. . . This bill increases the penalty for the false imprisonment of an elder or dependent adult from 16 months, two, or three years in state prison, to two, three, or four years in state prison and to make related changes.
This bill increases the penalty for any person who commits the false imprisonment of an elder or dependent adult by the use of violence, menace, fraud, or deceit to imprisonment in the state prison for two, three, or four years.
This bill also adds a new Probate Code Section 259 which would have the effect of preventing any person who is named a beneficiary of a decedent’s estate -- and who is found liable for acts against the decedent or who is convicted of any violation of Penal Code Section 368 when the decedent is the victim -- from receiving any portion of any award, such as civil damages or restitution, paid by such a person to the decedent’s estate.
(See Exhibit #15, page 2)