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AB-859 Elders and dependent adults: abuse or neglect.(2017-2018)

Bill Status
Eggman (A)
Elders and dependent adults: abuse or neglect.
An act to amend Section 15657 of, and to add Section 15657.02 to, the Welfare and Institutions Code, relating to elders and dependent adults.

Type of Measure
Active Bill - In Desk Process
Majority Vote Required
Non-Fiscal Committee
Non-State-Mandated Local Program
Non-Tax levy
Last 5 History Actions
Date Action
01/12/18 Stricken from file.
01/03/18 Consideration of Governor's veto pending.
10/02/17 Vetoed by Governor.
09/20/17 Enrolled and presented to the Governor at 4:30 p.m.
09/13/17 Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 41. Noes 21. Page 3336.).
Governor's Veto Message
To the Members of the California State Assembly:

I am returning Assembly Bill 859 without my signature.

This bill lowers the standard of proof for claims of elder physical abuse or neglect made against a skilled nursing facility or residential care facility for the elderly when a judge has found intentional destruction of evidence.

Intentional destruction or concealment of evidence, known as spoliation, is illegal. Currently when judges find spoliation, they have numerous sanctions at their disposal which they can impose against an offending party. In appropriate circumstances, this will facilitate establishing a claim of abuse. Accordingly, I don't believe changing the standard of proof is warranted.


Edmund G. Brown Jr.