Amended  IN  Senate  January 06, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 776

Introduced by Senator Skinner

February 22, 2019

An act to amend Section 11174.4 of the Penal Code, relating to elder and dependent adult abuse. An act to add Section 66024.5 to the Education Code, relating to postsecondary education.


LEGISLATIVE COUNSEL'S DIGEST


SB 776, as amended, Skinner. Elder and dependent adult abuse: death review teams. College admissions: criminal history inquiry: prohibition.
Existing law establishes the California Community Colleges, the California State University, the University of California, independent institutions of higher education, and private postsecondary educational institutions as the segments of postsecondary education in this state.
This bill would prohibit a postsecondary educational institution in this state from inquiring about a prospective student’s criminal history on an initial application form or at any time during the admissions process before the institution’s final decision relative to the prospective student’s application for admission. By imposing new duties on community college districts, this bill would impose 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes each county to establish an interagency elder and dependent adult death review team to assist local agencies in identifying and reviewing suspicious elder and dependent adult deaths and facilitating communication among persons who perform autopsies and the various persons and agencies involved in elder and dependent adult abuse or neglect cases. Existing law also authorizes each county to develop a protocol to be used as a guideline by persons performing autopsies on elders and dependent adults to assist coroners and other persons who perform autopsies to identify elder and dependent adult abuse or neglect, among other things. Existing law defines “elder” and “abuse” for purposes of those provisions, as specified, and excludes from the definition of “abuse” any reasonable and necessary force that may result in an injury used by a peace officer acting within the scope of the peace officer’s employment.

This bill would make technical, nonsubstantive changes to those definitions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 66024.5 is added to the Education Code, to read:

66024.5.
 (a) This section shall apply to all segments of postsecondary education in this state.
(b) A postsecondary educational institution shall not inquire about a prospective student’s criminal history on an initial application form or at any time during the admissions process before the institution’s final decision relative to the prospective student’s application for admission.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 11174.4 of the Penal Code is amended to read:
11174.4.

The following definitions shall govern the construction of this article, unless the context requires otherwise:

(a)“Elder” means a person who is 65 years of age or older.

(b)(1)“Abuse” means any of the conduct described in Article 2 (commencing with Section 15610) of Chapter 11 of Part 3 of Division 9 of the Welfare and Institutions Code.

(2)Abuse does not include the use of any reasonable and necessary force that may result in an injury used by a peace officer acting within the course of the peace officer’s employment as a peace officer.