Individual legislator voting records for this vote are not currently available. Includes all politicians who were in office at any point during the 2011-2012 Legislature.

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

Elder and dependent adult abuse: settlement: gag order. 2011-2012 Legislature. View bill details
Author(s):
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,… 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
 
Status:
The bill has become law (chaptered). 
Assembly Vote: On Passage

PASSED on May 25, 2012.

voted YES: 43 voted NO: 24
13 voted present/not voting

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
    Introduced2/23/2012
    Referred to Committee
    Failed passage in Assembly Committee on Judiciary4/10/2012
    Passed Assembly Committee on Judiciary4/10/2012
    Passed Assembly Committee on Judiciary4/24/2012
    Passed Assembly Committee on Aging and Long Term Care5/01/2012
    Passed Assembly5/21/2012
    Passed Assembly5/25/2012
    Passed Senate Committee on Judiciary6/19/2012
    Passed Senate8/22/2012
    Passed Assembly8/27/2012
    Presented to the governor (enrolled)9/10/2012
    Became law (chaptered).9/27/2012
    Bill History
    Chamber/CommitteeMotionDateResult
    select this voteAssembly Committee on JudiciaryDo pass and be re-referred to the Committee on Aging and Long€term Care.4/10/2012This motion DID NOT PASS the Assembly Committee on Judiciary
    5 voted YES 5 voted NO 0 voted present/not voting
    select this voteAssembly Committee on JudiciarySet first hearing. Failed passage. Reconsideration granted.4/10/2012This motion PASSED the Assembly Committee on Judiciary
    10 voted YES 0 voted NO 0 voted present/not voting
    select this voteAssembly Committee on JudiciaryDo pass as amended and be re-referred to the Committee on Aging and Long€term Care.4/24/2012This motion PASSED the Assembly Committee on Judiciary
    6 voted YES 4 voted NO 0 voted present/not voting
    select this voteAssembly Committee on Aging and Long Term CareDo pass.5/01/2012This motion PASSED the Assembly Committee on Aging and Long Term Care
    4 voted YES 2 voted NO 0 voted present/not voting
    select this voteAssemblyAB 2149 BUTLER Assembly Third Reading Amend By BUTLER Set #15/21/2012This bill PASSED the Assembly
    47 voted YES 28 voted NO 5 voted present/not voting
    currently selectedAssemblyAB 2149 BUTLER Assembly Third Reading5/25/2012This bill PASSED the Assembly
    43 voted YES 24 voted NO 13 voted present/not voting
    select this voteSenate Committee on JudiciaryDo pass as amended.6/19/2012This motion PASSED the Senate Committee on Judiciary
    4 voted YES 1 voted NO 0 voted present/not voting
    select this voteSenateAssembly 3rd Reading AB2149 Butler By Corbett8/22/2012This bill PASSED the Senate
    25 voted YES 10 voted NO 5 voted present/not voting
    select this voteAssemblyAB 2149 BUTLER Concurrence in Senate Amendments8/27/2012This bill PASSED the Assembly
    51 voted YES 28 voted NO 1 voted present/not voting
    ActionDateDescription
    Introduced2/23/2012
    2/23/2012Read first time. To print.
    2/24/2012From printer. May be heard in committee March 25.
    3/08/2012Referred to Coms. on JUD. and AGING & L.T.C.
    4/10/2012In committee: Set first hearing. Failed passage. Reconsideration granted.
    select this voteVote4/10/2012Do pass and be re-referred to the Committee on Aging and Long€term Care.
    select this voteVote4/10/2012Set first hearing. Failed passage. Reconsideration granted.
    select this voteVote4/24/2012Do pass as amended and be re-referred to the Committee on Aging and Long€term Care.
    4/25/2012From committee: Do pass as amended and re-refer to Com. on AGING & L.T.C. (Ayes 6. Noes 4.) (April 24).
    4/26/2012Read second time and amended. Assembly Rule 56 suspended. (Page 4547.)
    4/30/2012Re-referred to Com. on AGING & L.T.C.
    select this voteVote5/01/2012Do pass.
    5/02/2012From committee: Do pass. (Ayes 4. Noes 2.) (May 1).
    5/03/2012Read second time. Ordered to third reading.
    5/21/2012Read third time and amended. Ordered to third reading. (Ayes 47. Noes 28. Page 4907.)
    select this voteAssembly Vote on Passage5/21/2012AB 2149 BUTLER Assembly Third Reading Amend By BUTLER Set #1
    5/25/2012Read third time. Passed. Ordered to the Senate. (Ayes 43. Noes 24. Page 4989.)
    5/25/2012In Senate. Read first time. To Com. on RLS. for assignment.
    currently selectedAssembly Vote on Passage5/25/2012AB 2149 BUTLER Assembly Third Reading
    6/07/2012Referred to Com. on JUD.
    select this voteVote6/19/2012Do pass as amended.
    6/25/2012From committee: Do pass as amended. (Ayes 4. Noes 1.) (June 19).
    6/26/2012Read second time and amended. Ordered to third reading.
    8/22/2012Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 10. Page 4690.).
    8/22/2012In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 24 pursuant to Assembly Rule 77.
    select this voteSenate Vote on Passage8/22/2012Assembly 3rd Reading AB2149 Butler By Corbett
    8/27/2012Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 28. Page 6314.).
    select this voteAssembly Vote on Passage8/27/2012AB 2149 BUTLER Concurrence in Senate Amendments
    9/10/2012Enrolled and presented to the Governor at 11:25 a.m.
    9/27/2012Approved by the Governor.
    9/27/2012Chaptered by Secretary of State - Chapter 644, Statutes of 2012.

    Total contributions given to Assemblymembers from interest groups that…

    20 times as much
    $1,252,526
    $31,800
    $1,293,027
    $28,175
    $30,853
    $2,636,381
    $62,400
    $72,092
    $134,492

    opposed this bill

    Pro-business organizations [About]
    Chambers of commerce [About]
    Elderly issues & Social Security (split) [About]
    9 Organizations Supported and 3 Opposed; See Which Ones

    Organizations that took a position on
    An Act to Add Section 15657.8 to the Welfare and Institutions Code, Relating to Elder and Dependent Adults.: AB 2149 BUTLER Assembly Third Reading

    9 organizations supported this bill

    American Federation of State, County and Municipal Employees
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    California Advocates for Nursing Home Reform
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    California Commission on Aging
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    California Senior Legislature
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    California State Association of Counties
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    California State Sheriffs' Association
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    Consumer Attorneys of California
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    County Welfare Directors Association of California
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    Ombudsman & Hicap Services Of Northern California
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.

    3 organizations opposed this bill

    Aging Services of California
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    California Chamber of Commerce
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.
    Civil Justice Association of California
    Assembly Committee on Judiciary (2012, April 9). Assembly Committee Analysis. Retrieved April 11, 2012, from Leginfo: Bill Analysis.

    Need proof?

    View citations of support and opposition

    Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
    Contributions data source: FollowTheMoney.org

    Contributions by Legislator

    NamePartysort iconDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Alyson HuberDCA-10$0$0
    Anthony PortantinoDCA-44$0$0
    Ben HuesoDCA-79$46,900$4,731
    Betsy ButlerDCA-53$158,825$0
    Bill MonningDCA-27$62,587$0
    Bob BlumenfieldDCA-40$62,300$0
    Bob WieckowskiDCA-20$65,650$0
    Bonnie LowenthalDCA-54$23,900$0
    Cathleen GalgianiDCA-17$131,980$1,900
    Charles CalderonDCA-58$0$0
    Das WilliamsDCA-35$103,572$1,000
    Felipe FuentesDCA-39$0$0
    Fiona MaDCA-12$0$0
    Gilbert CedilloDCA-45$0$0
    Henry PereaDCA-31$36,200$3,500
    Holly MitchellDCA-47$40,556$1,300
    Isadore HallDCA-52$46,000$2,600
    Jared HuffmanDCA-6$0$0
    Jerry HillDCA-19$69,950$3,210
    Jim BeallDCA-24$125,144$0
    Joan BuchananDCA-15$53,850$3,935
    John PerezDCA-46$176,900$0
    Jose SolorioDCA-69$0$0
    Julia BrownleyDCA-41$0$0
    Luis AlejoDCA-28$45,950$1,000
    Manuel PerezDCA-80$34,800$3,800
    Mariko YamadaDCA-8$37,328$0
    Marty BlockDCA-78$120,950$1,500
    Mary HayashiDCA-18$0$0
    Michael AllenDCA-7$162,510$0
    Mike DavisDCA-48$0$0
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Mike GattoDCA-43$77,818$3,500
    Nancy SkinnerDCA-14$52,655$0
    Nora CamposDCA-23$49,551$1,365
    Norma TorresDCA-61$40,253$1,000
    Paul FongDCA-22$57,072$0
    Ricardo LaraDCA-50$62,300$3,500
    Rich GordonDCA-21$34,950$3,710
    Richard PanDCA-5$105,892$3,182
    Roger DickinsonDCA-9$58,700$0
    Roger HernandezDCA-57$39,700$2,000
    Sandre SwansonDCA-16$0$0
    Steven BradfordDCA-51$40,200$1,000
    Susan BonillaDCA-11$45,960$0
    Tom AmmianoDCA-13$21,724$0
    Toni AtkinsDCA-76$47,100$4,900
    Tony MendozaDCA-56$0$0
    Warren FurutaniDCA-55$0$0
    Wesley ChesbroDCA-1$31,310$0
    Wilmer Amina CarterDCA-62$0$0
    Allan MansoorRCA-68$0$2,500
    Beth GainesRCA-4$8,000$5,000
    Bill BerryhillRCA-26$14,020$2,158
    Brian JonesRCA-77$2,000$8,300
    Brian NestandeRCA-64$40,600$1,500
    Cameron SmythRCA-38$0$0
    Chris NorbyRCA-72$4,250$1,000
    Connie ConwayRCA-34$22,000$15,600
    Curt HagmanRCA-60$25,500$8,800
    Dan LogueRCA-3$12,300$1,500
    David ValadaoRCA-30$0$0
    Diane HarkeyRCA-73$11,400$8,800
    Don WagnerRCA-70$1,500$7,800
    Jeff GorellRCA-37$32,000$5,000
    Jeff MillerRCA-71$11,000$8,000
    Jim NielsenRCA-2$5,500$0
    Jim SilvaRCA-67$0$0
    Katcho AchadjianRCA-33$32,350$0
    Kevin JeffriesRCA-66$0$0
    Kristin OlsenRCA-25$12,150$4,900
    Linda HaldermanRCA-29$0$0
    Martin GarrickRCA-74$0$0
    Mike MorrellRCA-63$13,774$1,000
    Nathan FletcherRCA-75$0$0
    Paul CookRCA-65$0$0
    Shannon GroveRCA-32$1,500$0
    Steve KnightRCA-36$15,200$0
    Tim DonnellyRCA-59$300$0

    Add Data Filters:

    Legislator Filters
    Legislator Filters
    Show All
    NamePartyDistrict$ From Interest Groups
    That Supported
    $ From Interest Groups
    That Opposed
    Vote
    Katcho AchadjianRCA-33$32,350$0
    Luis AlejoDCA-28$45,950$1,000
    Michael AllenDCA-7$162,510$0
    Tom AmmianoDCA-13$21,724$0
    Toni AtkinsDCA-76$47,100$4,900
    Jim BeallDCA-24$125,144$0
    Bill BerryhillRCA-26$14,020$2,158
    Marty BlockDCA-78$120,950$1,500
    Bob BlumenfieldDCA-40$62,300$0
    Susan BonillaDCA-11$45,960$0
    Steven BradfordDCA-51$40,200$1,000
    Julia BrownleyDCA-41$0$0
    Joan BuchananDCA-15$53,850$3,935
    Betsy ButlerDCA-53$158,825$0
    Charles CalderonDCA-58$0$0
    Nora CamposDCA-23$49,551$1,365
    Wilmer Amina CarterDCA-62$0$0
    Gilbert CedilloDCA-45$0$0
    Wesley ChesbroDCA-1$31,310$0
    Connie ConwayRCA-34$22,000$15,600
    Paul CookRCA-65$0$0
    Mike DavisDCA-48$0$0
    Roger DickinsonDCA-9$58,700$0
    Tim DonnellyRCA-59$300$0
    Mike EngDCA-49$0$0
    Mike FeuerDCA-42$0$0
    Nathan FletcherRCA-75$0$0
    Paul FongDCA-22$57,072$0
    Felipe FuentesDCA-39$0$0
    Warren FurutaniDCA-55$0$0
    Beth GainesRCA-4$8,000$5,000
    Cathleen GalgianiDCA-17$131,980$1,900
    Martin GarrickRCA-74$0$0
    Mike GattoDCA-43$77,818$3,500
    Rich GordonDCA-21$34,950$3,710
    Jeff GorellRCA-37$32,000$5,000
    Shannon GroveRCA-32$1,500$0
    Curt HagmanRCA-60$25,500$8,800
    Linda HaldermanRCA-29$0$0
    Isadore HallDCA-52$46,000$2,600
    Diane HarkeyRCA-73$11,400$8,800
    Mary HayashiDCA-18$0$0
    Roger HernandezDCA-57$39,700$2,000
    Jerry HillDCA-19$69,950$3,210
    Alyson HuberDCA-10$0$0
    Ben HuesoDCA-79$46,900$4,731
    Jared HuffmanDCA-6$0$0
    Kevin JeffriesRCA-66$0$0
    Brian JonesRCA-77$2,000$8,300
    Steve KnightRCA-36$15,200$0
    Ricardo LaraDCA-50$62,300$3,500
    Dan LogueRCA-3$12,300$1,500
    Bonnie LowenthalDCA-54$23,900$0
    Fiona MaDCA-12$0$0
    Allan MansoorRCA-68$0$2,500
    Tony MendozaDCA-56$0$0
    Jeff MillerRCA-71$11,000$8,000
    Holly MitchellDCA-47$40,556$1,300
    Bill MonningDCA-27$62,587$0
    Mike MorrellRCA-63$13,774$1,000
    Brian NestandeRCA-64$40,600$1,500
    Jim NielsenRCA-2$5,500$0
    Chris NorbyRCA-72$4,250$1,000
    Kristin OlsenRCA-25$12,150$4,900
    Richard PanDCA-5$105,892$3,182
    Henry PereaDCA-31$36,200$3,500
    John PerezDCA-46$176,900$0
    Manuel PerezDCA-80$34,800$3,800
    Anthony PortantinoDCA-44$0$0
    Jim SilvaRCA-67$0$0
    Nancy SkinnerDCA-14$52,655$0
    Cameron SmythRCA-38$0$0
    Jose SolorioDCA-69$0$0
    Sandre SwansonDCA-16$0$0
    Norma TorresDCA-61$40,253$1,000
    David ValadaoRCA-30$0$0
    Don WagnerRCA-70$1,500$7,800
    Bob WieckowskiDCA-20$65,650$0
    Das WilliamsDCA-35$103,572$1,000
    Mariko YamadaDCA-8$37,328$0

    Interest Groups that supported this bill

    $ Donated
    Police & fire fighters unions and associations$1,293,027
    State & local government employee unions$1,252,526
    Municipal & county government organizations$31,800
    Civil servant/public employee$30,853
    Welfare & social work$28,175
    Elderly issues & Social Security$0

    Interest Groups that opposed this bill

    $ Donated
    Pro-business organizations$72,092
    Chambers of commerce$62,400
    Elderly issues & Social Security$0
    Loading…
    Date Range of Contributions
    Enter a custom date range