Bill > AB251

This bill amends existing law related to elder and dependent adult abuse by allowing courts to use a lower standard of evidence (preponderance of the evidence) in certain legal claims against residential care facilities, adult community care facilities, and skilled nursing facilities when evidence spoliation has occurred. Specifically, if a defendant intentionally alters, conceals, or destroys records or evidence that would be material to a legal claim, the court can lower the evidentiary standard from "clear and convincing evidence" to "preponderance of the evidence" (which means the evidence shows it is more likely than not that something happened). The bill defines spoliation as intentionally destroying or hiding evidence that prevents its production and materially prejudices the other party, such as destroying records before legally required retention periods or after receiving a written directive to preserve them. The bill does not apply to certain types of healthcare facilities like general acute care or psychiatric hospitals. Additionally, the bill includes a provision that makes these changes inoperative if a judicial or federal determination requires the state to reimburse facilities for associated costs and the Legislature does not appropriate sufficient funds. The overall aim is to provide more legal recourse for victims of elder and dependent adult abuse by making it easier to prove cases when evidence has been improperly handled or destroyed.

Budget and Finance, Justice

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=202520260AB251