DATE



Fact Sheet: Senate Bill 33 (Simitian)

Elder and Dependent Adult Financial Abuse

SB 33 Summary:

In 2005 Senator Simitian authored SB 1018. That measure was designed to prevent elder financial abuse by mandating that financial institutions, at the frontline of witnessing financial abuse, report financial abuse to authorities. Senate Bill 33 makes this law permanent by eliminating a January 1, 2013, sunset date.

Need for the Bill:

SB 1018 has proven effective at bringing elder and dependent adult financial abuse to the attention of authorities. In just the first year after SB 1018 became law in 2007, the number of reported cases of elder and dependent adult financial abuse rose by 17.5 percent, and by 2010 the number had risen by almost 30 percent.[1] Moreover, the percentage of cases that were confirmed as actual cases of abuse remained relatively constant, demonstrating that SB 1018 helped uncover actual financial abuse.

In fact, between April 2007 and December 2010 financial institutions reported 26,402 cases of elder and dependent adult financial abuse.[2]

However, SB 1018 is set to expire on January 1, 2013. In order to continue protecting elders and dependent adults from financial abuse, SB 33 will eliminate the January 1, 2013 expiration date. Without SB 33, a proven method of protecting elders and dependent adults from financial abuse will be lost.

What the Bill Does:

SB 33 eliminates the January 1, 2013 sunset date for the following provisions, and therefore continues to:

▪ Require that bank, savings and loan, and credit union employees report financial abuses if the abuse becomes evident in their contacts with, or review of, an elder and or dependent adult’s financial matters. 

▪ Grant immunity to credit union and bank tellers during their first six months of employment if they have not been trained to identify and report elder and dependent adult financial abuse. 

▪ Require more than a mere allegation of financial abuse before imposing an obligation to report.  Mandated reporters would be required to report only when both reasonable belief and corroborating evidence indicate abuse exists.  Reporters are not required to conduct independent investigations. 

▪ Ensure efficient investigation and data collection by directing reports to an adult protective services agency or law enforcement agency. 

▪ Grant civil and criminal immunity to reporters reporting in good faith.

▪ Grant civil and criminal immunity to reporters providing information to adult protective services and law enforcement agencies. 

▪ Allow reimbursement of court and attorney fees should an unmerited action be brought against a mandated reporter.

Staff Contact: William Leiter; (916) 651-4011 or William.Leiter@sen.

Updated – 21March11

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[1] California Department of Social Services,

[2] Ibid

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California State Senate

[pic]

SENATOR

S. JOSEPH SIMITIAN

ELEVENTH SENATE DISTRICT

DISTRICT OFFICE

160 Town & Country Village

Palo Alto, CA 94301

(650) 688-6384

Fax (650) 688-6370

SATELLITE OFFICE

701 Ocean Street, Room 318A

Santa Cruz, CA 95060

(831) 425-0401

Fax (831) 425-5124

STATE CAPITOL

SACRAMENTO, CA 95814

(916) 651-4011

Fax (916) 323-4529

E-MAIL

Senator.Simitian@sen.

WEBSITE



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