California Senate Bill 278
Session 20232024
Elder abuse: emergency financial contact program.
Active
Vetoed by Governor on Sep 28, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
278
State
California
Session
20232024
Motion Text
Unfinished Business SB278 Dodd et al. Concurrence
Senate Roll Call Votes
Yes
Yes
Other
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Yes
Other
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Other
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Summary
Existing law, the Elder Abuse and Dependent Adult Civil Protection Act, establishes various procedures for the reporting, investigation, and prosecution of elder and dependent adult abuse. Existing law defines financial abuse for those purposes and provides that it occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. Existing law requires a person or entity to be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes the property and the person or entity knew or should have known that the conduct is likely to be harmful to the elder or dependent adult. Existing law requires the court to award specified costs if a defendant is found liable for financial abuse, as specified.
Existing law makes the failure to report, or impeding or inhibiting a report of, among other things, financial abuse of an elder or dependent adult, in violation of certain reporting requirements a misdemeanor.
This bill, commencing January 1, 2026, would require a covered person or entity, as defined, to establish an emergency financial contact program for covered accountholders, as specified. The bill would require a covered person or entity to notify a joint accountholder or an emergency financial contact, if one has been provided, if the covered person or entity should reasonably suspect a covered transaction requested by the covered accountholder is the result of financial abuse. The bill would also require a covered person or entity to delay, by at least 3 business days, a covered transaction initiated by a covered accountholder if the covered person or entity should reasonably suspect the transaction is the result of financial abuse and would make a covered person or entity immune from administrative, civil, or other liability that might arise from a delayed or refused transaction. The bill would authorize a covered person or entity to implement an emergency financial contact program for an accountholder who is not an elder or dependent adult, as specified.
Existing law provides for the award of attorney's fees and costs, and damages, to a plaintiff when it is proven by a preponderance of the evidence that the defendant is liable for financial abuse of an elder or dependent adult.
This bill would, if proven by a preponderance of the evidence, subject a covered person or entity to liability for actual and noneconomic damages, for certain specified violations. The bill would prohibit a nonmanagerial employee of a covered entity or a covered person who is an employee of a covered entity who meets certain specifications from being held personally liable in their individual capacity for specified violations. The bill would make these provisions severable, except as specified.
02/01/23 - Introduced
February 1, 2023
04/10/23 - Amended Senate
April 10, 2023
05/04/23 - Amended Senate
May 4, 2023
05/16/23 - Amended Senate
May 16, 2023
06/04/24 - Amended Assembly
June 4, 2024
06/26/24 - Amended Assembly
June 26, 2024
08/19/24 - Amended Assembly
August 19, 2024
08/22/24 - Amended Assembly
August 22, 2024
09/03/24 - Enrolled
September 3, 2024
04/17/23- Senate Banking and Financial Institutions
April 17, 2023
04/28/23- Senate Judiciary
April 28, 2023
05/05/23- Sen. Floor Analyses
May 5, 2023
05/17/23- Sen. Floor Analyses
May 17, 2023
06/13/24- Assembly Banking and Finance
June 13, 2024
06/21/24- Assembly Judiciary
June 21, 2024
08/05/24- Assembly Appropriations
August 5, 2024
08/21/24- ASSEMBLY FLOOR ANALYSIS
August 21, 2024
08/23/24- ASSEMBLY FLOOR ANALYSIS
August 23, 2024
08/27/24- Senate Banking and Financial Institutions
August 27, 2024
08/28/24- Sen. Floor Analyses
August 28, 2024
10/16/24- Sen. Floor Analyses
October 16, 2024
Sort by most recent
09/28/2024
Senate
In Senate. Consideration of Governor's veto pending.
09/28/2024
Senate
Vetoed by the Governor.
09/09/2024
California State Legislature
Enrolled and presented to the Governor at 3 p.m.
08/29/2024
Senate
Assembly amendments concurred in. (Ayes 33. Noes 1. Page 5633.) Ordered to engrossing and enrolling.
08/28/2024
Senate
From committee: That the Assembly amendments be concurred in. (Ayes 5. Noes 0. Page 5621.)
08/28/2024
Senate
Set for hearing August 28.
08/26/2024
Senate
From committee: Be re-referred to Com. on B. & F.I. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 5416.) Re-referred to Com. on B. & F.I.
08/26/2024
Senate
Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).
08/26/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
08/26/2024
Assembly
Read third time. Passed. (Ayes 75. Noes 0. Page 6542.) Ordered to the Senate.
08/22/2024
Assembly
Ordered to third reading.
08/22/2024
Assembly
Read third time and amended.
08/20/2024
Assembly
Read second time. Ordered to third reading.
08/19/2024
Assembly
Read second time and amended. Ordered to second reading.
08/15/2024
Assembly
From committee: Do pass as amended. (Ayes 11. Noes 2.) (August 15).
08/07/2024
Assembly
August 7 set for first hearing. Placed on suspense file.
06/27/2024
Assembly
Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.
06/27/2024
Assembly
Read second time. Ordered to third reading.
06/26/2024
Assembly
Read second time and amended. Ordered to second reading.
06/25/2024
Assembly
From committee: Do pass as amended. (Ayes 9. Noes 2.) (June 25).
06/18/2024
Assembly
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (June 17). Re-referred to Com. on JUD.
06/04/2024
Assembly
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.
07/06/2023
Assembly
July 10 hearing postponed by committee.
07/06/2023
Assembly
Assembly Rule 56 suspended.
06/19/2023
Assembly
June 26 hearing postponed by committee.
06/01/2023
Assembly
Referred to Coms. on B. & F. and JUD.
05/23/2023
Assembly
In Assembly. Read first time. Held at Desk.
05/22/2023
Senate
Read third time. Passed. (Ayes 33. Noes 5. Page 1216.) Ordered to the Assembly.
05/17/2023
Senate
Read second time. Ordered to third reading.
05/16/2023
Senate
Ordered to second reading.
05/16/2023
Senate
Read third time and amended.
05/04/2023
Senate
Read second time and amended. Ordered to third reading.
05/03/2023
Senate
From committee: Do pass as amended. (Ayes 10. Noes 1. Page 1011.) (May 2).
04/21/2023
Senate
Set for hearing May 2.
04/20/2023
Senate
April 25 set for first hearing canceled at the request of author.
04/20/2023
Senate
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 830.) (April 19). Re-referred to Com. on JUD.
04/12/2023
Senate
Set for hearing April 25 in JUD. pending receipt.
04/10/2023
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.
04/03/2023
Senate
Set for hearing April 19.
03/27/2023
Senate
March 29 hearing postponed by committee.
02/28/2023
Senate
Set for hearing March 29.
02/09/2023
Senate
Referred to Coms. on B. & F.I. and JUD.
02/02/2023
Senate
From printer. May be acted upon on or after March 4.
02/01/2023
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 2, 2023 12:02:39 PM
Record Updated
Oct 17, 2024 12:29:09 PM