Today's Law As Amended


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AB-636 Financial abuse of elder or dependent adults. (2021-2022)



As Amends the Law Today


SECTION 1.

 Section 15633.5 of the Welfare and Institutions Code is amended to read:

15633.5.
 (a) (1)  Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, the Department of Business Oversight,  Financial Protection and Innovation,  or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation,  who is investigating a known or suspected case of elder or dependent adult abuse.
(2) (A) If the incident of elder or dependent adult financial abuse may be within the jurisdiction of a federal law enforcement agency, information relevant to the incident may be given to the federal law enforcement agency for the sole purpose of investigating a financial crime committed against the elder or dependent adult.
(B) Information relevant to the incident of elder or dependent adult abuse may be provided to a local code enforcement agency for the sole purpose of investigating an unlicensed care facility where the health and safety of an elder or dependent adult resident is at risk.
(b) The identity of any a  person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:
(1) An adult protective services agency.
(2) A long-term care ombudsman ombudsperson  program.
(3) A licensing agency.
(4) A local law enforcement agency.
(5) The office of the district attorney.
(6) The office of the public guardian.
(7) The probate court.
(8) The bureau.
(9) The Department of Business Oversight.  Financial Protection and Innovation. 
(10) The Department of Consumer Affairs, Division of Investigation.
(11) Counsel representing an adult protective services agency.
(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:
(1) To the district attorney in a criminal prosecution.
(2) When a person reporting waives confidentiality.
(3) By court order.
(d) Notwithstanding subdivisions (a), (b), and (c), a person reporting pursuant to Section 15631 shall not be required to include their name in the report.

SEC. 1.5.

 Section 15633.5 of the Welfare and Institutions Code is amended to read:

15633.5.
 (a) (1)  Information relevant to the incident of elder or dependent adult abuse shall be given to an investigator from an adult protective services agency, a local law enforcement agency, the office of the district attorney, the office of the public guardian, the probate court, the bureau, division,  the Department of Business Oversight,  Financial Protection and Innovation,  or an investigator of the Department of Consumer Affairs, Division of Investigation Investigation,  who is investigating a known or suspected case of elder or dependent adult abuse.
(2) (A) If the incident of elder or dependent adult financial abuse may be within the jurisdiction of a federal law enforcement agency, information relevant to the incident may be given to the federal law enforcement agency for the sole purpose of investigating a financial crime committed against the elder or dependent adult.
(B) Information relevant to the incident of elder or dependent adult abuse may be provided to a local code enforcement agency for the sole purpose of investigating an unlicensed care facility where the health and safety of an elder or dependent adult resident is at risk.
(b) The identity of any a  person who reports under this chapter shall be confidential and disclosed only among the following agencies or persons representing an agency:
(1) An adult protective services agency.
(2) A long-term care ombudsman ombudsperson  program.
(3) A licensing agency.
(4) A local law enforcement agency.
(5) The office of the district attorney.
(6) The office of the public guardian.
(7) The probate court.
(8) The bureau. division. 
(9) The Department of Business Oversight.  Financial Protection and Innovation. 
(10) The Department of Consumer Affairs, Division of Investigation.
(11) Counsel representing an adult protective services agency.
(c) The identity of a person who reports pursuant to this chapter may also be disclosed under the following circumstances:
(1) To the district attorney in a criminal prosecution.
(2) When a person reporting waives confidentiality.
(3) By court order.
(d) Notwithstanding subdivisions (a), (b), and (c),  (a) to (c), inclusive,  a person reporting pursuant to Section 15631 shall not be required to include their name in the report.
SEC. 2.
 Section 1.5 of this bill incorporates amendments to Section 15633.5 of the Welfare and Institutions Code proposed by both this bill and Senate Bill 823. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2022, (2) each bill amends Section 15633.5 of the Welfare and Institutions Code, and (3) this bill is enacted after Senate Bill 823, in which case Section 1 of this bill shall not become operative.