AB 2149 - An Act to Add Section 15657.8 to the Welfare and Institutions Code, Relating to Elder and Dependent Adults.

An Act to Add Section 15657.8 to the Welfare and Institutions Code, Relating to Elder and Dependent Adults.

AB 2149 — 2011-2012 Legislature

Summary

The Elder Abuse and Dependent Adult Civil Protection Act proscribes crimes against elder and dependent adults involving physical and financial abuse. The act provides for the award of attorney’s fees and costs, and damages to a plaintiff, when it is proven that a defendant is liable for physical abuse, neglect, or financial abuse, and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse.

The Civil Discovery Act provides that it is the policy of the state that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for violation of the Elder Abuse and Dependent Adult Civil Protection Act. The Civil Discovery Act prohibits the court from recognizing or enforcing provisions of such a confidential settlement agreement in the absence of specified conditions.

This bill would provide that an agreement, entered on or after January 1, 2013, to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation… More

The Elder Abuse and Dependent Adult Civil Protection Act proscribes crimes against elder and dependent adults involving physical and financial abuse. The act provides for the award of attorney’s fees and costs, and damages to a plaintiff, when it is proven that a defendant is liable for physical abuse, neglect, or financial abuse, and the defendant has also been guilty of recklessness, oppression, fraud, or malice in the commission of the abuse.

The Civil Discovery Act provides that it is the policy of the state that confidential settlement agreements are disfavored in any civil action the factual foundation for which establishes a cause of action for violation of the Elder Abuse and Dependent Adult Civil Protection Act. The Civil Discovery Act prohibits the court from recognizing or enforcing provisions of such a confidential settlement agreement in the absence of specified conditions.

This bill would provide that an agreement, entered on or after January 1, 2013, to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, or the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined, or the defendant’s current employer if the defendant’s job responsibilities include contact with elders, dependent adults, or children, as specified. The bill would provide that any such provision is void as against public policy. Hide

Learn More

At LegInfo.ca.gov

Title

An Act to Add Section 15657.8 to the Welfare and Institutions Code, Relating to Elder and Dependent Adults.

Author(s)

Betsy Butler

Co-Authors

Subjects

• Elder and dependent adult abuse: settlement: gag order

Major Actions

Introduced	2/23/2012
Referred to Committee
Failed passage in Assembly Committee on Judiciary	4/10/2012
Passed Assembly Committee on Judiciary	4/10/2012
Passed Assembly Committee on Judiciary	4/24/2012
Passed Assembly Committee on Aging and Long Term Care	5/01/2012
Passed Assembly	5/21/2012
Passed Assembly	5/25/2012
Passed Senate Committee on Judiciary	6/19/2012
Passed Senate	8/22/2012
Passed Assembly	8/27/2012
Presented to the governor (enrolled)	9/10/2012
Became law (chaptered).	9/27/2012

Bill History

• All Votes
• All Actions

	Chamber/Committee	Motion	Date	Result
select this vote	Assembly Committee on Judiciary	Do pass and be re-referred to the Committee on Aging and Long€term Care.	4/10/2012	This motion DID NOT PASS the Assembly Committee on Judiciary 5 voted YES 5 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Judiciary	Set first hearing. Failed passage. Reconsideration granted.	4/10/2012	This motion PASSED the Assembly Committee on Judiciary 10 voted YES 0 voted NO 0 voted present/not voting
currently selected	Assembly Committee on Judiciary	Do pass as amended and be re-referred to the Committee on Aging and Long€term Care.	4/24/2012	This motion PASSED the Assembly Committee on Judiciary 6 voted YES 4 voted NO 0 voted present/not voting
select this vote	Assembly Committee on Aging and Long Term Care	Do pass.	5/01/2012	This motion PASSED the Assembly Committee on Aging and Long Term Care 4 voted YES 2 voted NO 0 voted present/not voting
select this vote	Assembly	AB 2149 BUTLER Assembly Third Reading Amend By BUTLER Set #1	5/21/2012	This bill PASSED the Assembly 47 voted YES 28 voted NO 5 voted present/not voting
select this vote	Assembly	AB 2149 BUTLER Assembly Third Reading	5/25/2012	This bill PASSED the Assembly 43 voted YES 24 voted NO 13 voted present/not voting
select this vote	Senate Committee on Judiciary	Do pass as amended.	6/19/2012	This motion PASSED the Senate Committee on Judiciary 4 voted YES 1 voted NO 0 voted present/not voting
select this vote	Senate	Assembly 3rd Reading AB2149 Butler By Corbett	8/22/2012	This bill PASSED the Senate 25 voted YES 10 voted NO 5 voted present/not voting
select this vote	Assembly	AB 2149 BUTLER Concurrence in Senate Amendments	8/27/2012	This bill PASSED the Assembly 51 voted YES 28 voted NO 1 voted present/not voting

	Action	Date	Description
	Introduced	2/23/2012
		2/23/2012	Read first time. To print.
		2/24/2012	From printer. May be heard in committee March 25.
		3/08/2012	Referred to Coms. on JUD. and AGING & L.T.C.
		4/10/2012	In committee: Set first hearing. Failed passage. Reconsideration granted.
select this vote	Vote	4/10/2012	Do pass and be re-referred to the Committee on Aging and Long€term Care.
select this vote	Vote	4/10/2012	Set first hearing. Failed passage. Reconsideration granted.
currently selected	Vote	4/24/2012	Do pass as amended and be re-referred to the Committee on Aging and Long€term Care.
		4/25/2012	From committee: Do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 6. Noes 4.) (April 24).
		4/26/2012	Read second time and amended. Assembly Rule 56 suspended. (Page 4547.)
		4/30/2012	Re-referred to Com. on AGING & L.T.C.
select this vote	Vote	5/01/2012	Do pass.
		5/02/2012	From committee: Do pass. (Ayes 4. Noes 2.) (May 1).
		5/03/2012	Read second time. Ordered to third reading.
		5/21/2012	Read third time and amended. Ordered to third reading. (Ayes 47. Noes 28. Page 4907.)
select this vote	Assembly Vote on Passage	5/21/2012	AB 2149 BUTLER Assembly Third Reading Amend By BUTLER Set #1
		5/25/2012	Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 24. Page 4989.)
		5/25/2012	In Senate. Read first time. To Com. on RLS. for assignment.
select this vote	Assembly Vote on Passage	5/25/2012	AB 2149 BUTLER Assembly Third Reading
		6/07/2012	Referred to Com. on JUD.
select this vote	Vote	6/19/2012	Do pass as amended.
		6/25/2012	From committee: Do pass as amended. (Ayes 4. Noes 1.) (June 19).
		6/26/2012	Read second time and amended. Ordered to third reading.
		8/22/2012	Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 4690.).
		8/22/2012	In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.
select this vote	Senate Vote on Passage	8/22/2012	Assembly 3rd Reading AB2149 Butler By Corbett
		8/27/2012	Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 28. Page 6314.).
select this vote	Assembly Vote on Passage	8/27/2012	AB 2149 BUTLER Concurrence in Senate Amendments
		9/10/2012	Enrolled and presented to the Governor at 11:25 a.m.
		9/27/2012	Approved by the Governor.
		9/27/2012	Chaptered by Secretary of State - Chapter 644, Statutes of 2012.