AB 78

Sexual assault of an Adult at risk

Under this bill, any act of sexual misconduct that is currently a second degree

sexual assault is a first degree sexual assault if the victim is an adult at risk. Under

current law, if a person engages in any of the specified acts of sexual misconduct, he

or she is guilty of a Class C felony. Under the bill, he or she is guilty of a Class B felony

if the victim is an adult at risk, regardless of whether or not he or she knew the

victim's status as an adult at risk.

freezing of assets

Under current law, there is a procedure for a court to freeze or seize assets from

a defendant who has been charged with a financial exploitation crime when the

victim is an elder person. The procedure allows a court to freeze the funds, assets,

or property of the defendant in an amount up to 100 percent of the alleged value of

the property involved in the defendant's pending criminal proceeding for purposes

of preserving the property for future payment of restitution to the crime victim.

This bill allows the court to apply the same procedure to freeze or seize assets

when the crime victim an adult at risk.

Physical abuse of an adult at risk

Under current law, there is a set of penalties that apply to physical abuse of an

elder person, which range from a Class I felony to a Class C felony depending on the

severity of the conduct. This bill applies those same penalties to physical abuse of

an adult at risk.

increased penalties

This bill allows a term of imprisonment that is imposed for a criminal conviction

to be increased in length if the crime victim was an adult at risk. Under the bill, a

maximum term of imprisonment of one year or less may be increased to two years;

a maximum term of imprisonment of one to 10 years may be increased by up to four

years; and a maximum term of imprisonment of more than 10 years may be increased

by up to six years. Under the bill, the term of imprisonment may be lengthened

irrespective of whether the defendant knew that the crime victim was an adult at

risk.

restraining orders for an adult at risk

Under current law, a person seeking a domestic violence, individual-at-risk,

or harassment restraining order must appear in person in the courtroom at a hearing

to obtain a restraining order.

This bill allows an adult at risk who is seeking a domestic violence,

individual-at-risk, or harassment restraining order to appear in a court hearing by

telephone or live audiovisual means.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.