Elder or dependent abuse.

Existing law makes it a crime for a person who knows or reasonably should know that a person is an elder or dependant adult, under circumstances likely to produce great bodily harm or death, to willfully cause or permit any elder or dependent adult to suffer, or inflict unjustifiable physical pain or mental suffering thereon, or to cause or permit the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, as specified. Existing law punishes a violation of this provision by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years. Under existing law, a person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes an elder or dependent adult to suffer, or inflicts unjustifiable physical pain or mental suffering thereon, or permits the health of the elder or dependent adult to be endangered is guilty of a misdemeanor. Existing law punishes a 2nd or subsequent violation of that provision by a fine not to exceed $2,000 or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. The bill would instead provide that a violation of the above provisions shall be punished by imprisonment in a county jail not exceeding one year, or by a fine not to exceed $6,000, or by both that fine and imprisonment, or by imprisonment in the state prison for 2, 3, or 4 years, without regard to whether or not the violation occurred under circumstances likely to produce great bodily harm or death. This bill would accordingly delete the provisions regarding elder or dependent adult abuse under circumstances or conditions other than those likely to produce great bodily harm or death. This bill would make other conforming changes. By increasing the punishment for a crime, this bill would create a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.