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Financial Crimes Against the Elderly 2012 Legis

Financial Crimes Against the Elderly 2012 Legislation

Last updated: January 15, 2013

NCSL Staff Contact: Heather Morton, Denver

Financial crimes and exploitation can involve the illegal or improper use of a senior citizen's funds, property or assets, as well as fraud or identity theft perpetrated against older adults. While exact statistics on how often financial crimes against the elderly occur are not available, it is widely believed to be underreported by the victims. A recent study published by MetLife Mature Market Institute estimates that the financial loss by victims of elder financial crimes and exploitation exceeds $2.9 billion dollars annually.

In the 2012 legislative session, 26 states had pending legislation to address financial crimes and exploitation against the elderly and other vulnerable adults. Fourteen states—Arizona, California, Colorado, Delaware, Illinois, Iowa, Maryland, Michigan, Missouri, Nebraska, Oregon, Vermont, Washington and West Virginia—enacted legislation in 2012. For example, Arizona permits reasonable costs and attorney fees to be awarded in a civil action related to the financial exploitation of a vulnerable adult. Colorado enacted legislation requires a background check of prospective employees who will have direct contact with actual or potential at-risk adults and creates the at-risk adult protection services task force. Delaware created an additional penalty of $100 to be imposed on all crimes committed against persons 62 years of age or older. The penalty assessment shall be placed in a special fund called the “Senior Trust Fund” which will be used to provide assistance for programs for the senior population. Maryland required financial institutions to report suspected financial abuse of an elder adult. Missouri enacted legislation adding undue influence to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation. In addition, this act makes it an unlawful violation of the financial exploitation statute to fail to remit to a nursing facility in which a Medicaid eligible person resides all money owing the facility resident from any source. Oregon enacted legislation that sets the statute of limitation for certain felonies committed against person 65 years of age or older at six years. Washington required the Department of Health to establish a state registry which contains identifying information about long-term care workers who have final substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in state law.

The legislation included in the chart below addresses creating specific crimes and criminal penalties, reporting requirements and access to records in elder financial exploitation investigations.

AL | AZ | CA | CO | DE | FLHI | IL | IA | KS | LA | MD | MA | MI | MN | MS | MONE | NJ | NYORRI | VT | VAWV | WY
STATE
BILL SUMMARY
Alabama

H.B. 411
This bill requires the Department of Senior Services and the Department of Banking to develop rules regarding the minimum training standards used by financial institutions for their current and new employees who have direct contact with consumers. This bill also requires any officer, trustee, or employee of a financial institution with reasonable cause to believe that any protected person has been subjected to exploitation to report or cause a report to be made in accordance with Alabama's mandatory reporter provision.

S.B. 427
This bill allows any officer, trustee, or employee of a financial institution with reasonable cause to believe that an elderly or disabled adult has been subjected to financial exploitation to report or cause a report to be made to the appropriate law enforcement agency.

Alaska
none
Arizona

H.B. 2560
Signed by governor 4/3/12, Chapter 163
Removes the ability for the court to order the payment of attorney fees that do not exceed the total amount of compensatory damages and any additional attorney fees in connection with the vulnerable abuse claims of action. Permits reasonable costs and attorney fees to be awarded in a civil action related to the financial exploitation of a vulnerable adult.

H.B. 2696
Vetoed by governor 4/17/12
The bill specifies that a vulnerable adult is not exploited if the person’s assets are transferred for the primary purpose of obtaining or maintaining eligibility for benefits under the Arizona Health Care Cost Containment System (AHCCCS), Supplement Security Income (SSI), Medicaid, Medicare or Veterans’ Administration Programs.

H.B. 2714
Requires a financial institution to report to the attorney general suspected financial abuse that is directed towards, targets or is committed against an elder if, in connection with providing financial services to the elder, both of the following apply: 1. The officer or employee of a financial institution has direct contact with the elder or reviews or approves the elder's financial documents, records or transactions. 2. Either of the following applies: (a) The officer or employee, within the scope of employment or professional practice, observes or has knowledge of an incident that the officer or employee believes in good faith to be financial abuse. (b) If the officer or employer does not have direct contact with the elder, the officer or employer has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record or transaction.

Arkansas
none
California

A.B. 1525
Signed by governor 9/27/12, Chapter 632
This bill requires specified money transmission licensees to provide, on or before April 1, 2013, and annually thereafter, each of their agents with training materials on recognizing elder or dependent adult financial abuse, and on the appropriate response to suspected elder or dependent adult financial abuse in a transaction.

A.B. 2149
Signed by governor 9/27/12, Chapter 644
This bill provides that an agreement, entered on or after January 1, 2013, to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the local law enforcement agency, the long-term care ombudsman, the California Department of Aging, the Department of Justice, or the Licensing and Certification Division of the State Department of Public Health, the State Department of Developmental Services, the State Department of State Hospitals, a licensing or regulatory agency that has jurisdiction over the license or certification of the defendant, any other governmental entity, a protection and advocacy agency, as defined, or the defendant's current employer if the defendant's job responsibilities include contact with elders, dependent adults, or children, as specified. The bill provides that any such provision is void as against public policy.

S.B. 717
Returned to secretary of Senate pursuant to Joint Rule 56 1/31/12
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 two, three, or four 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 second 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 instead provides 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 two, three, or four years, without regard to whether or not the violation occurred under circumstances likely to produce great bodily harm or death. This bill accordingly deletes 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 makes other conforming changes.

Colorado

S.B. 78
Signed by governor 5/29/12, Chapter 226
Amends provisions concerning the mistreatment, self-neglect, and exploitation of at-risk adults; requires a background of prospect employees who will have direct contact with actual or potential at-risk adults; creates the at-risk adult protection services task force to study the reporting of the mistreatment, self-neglect, and exploitation of at-risk adults to law enforcement and the provision of protective services to at-risk adults by county departments.

Connecticut
none
Delaware

H.B. 240
Signed by governor 5/10/12, Chapter 239
This bill creates an additional penalty of $100.00 which shall be imposed on all crimes committed against persons 62 years of age or older. The penalty assessment shall be placed in a special fund called the “Senior Trust Fund” which shall be used to provide assistance for programs for the senior population.

District of Columbia
none
Florida

H.B. 687
Died in committee 3/9/12
S.B. 1216
Died in committee 3/9/12
Revises values used in classification of thefts from persons age 65 or older; provides more severe ranking under Criminal Punishment Code for specified communications fraud violations involving victims age 65 or older; provides minimum mandatory sentences for specified white collar crime offenses; provides additional minimum mandatory sentences for certain offenses based on number of victims.

Georgia
none
Guam
not available
Hawaii

H.B. 770
Requires the Department of Human Services to allow persons to conduct child and vulnerable adult abuse perpetrator checks on the department's website as part of background checks for employment, volunteer, licensure, or certification purposes.

H.B. 2098
Authorizes a private cause of action for financial exploitation of a vulnerable adult. Allows for attorneys’ fees and costs, and punitive damages.

H.B. 2190
Requires suspected financial abuse of an elder to be reported by financial institutions to an appropriate police department and allows suspected financial abuse to be reported to the Department of Human Services. Mandates the Department of Human Services to share records with police or the office of the prosecutor for investigation or prosecution of a financial abuse case.

H.B. 2192
S.B. 2314
Passed Senate 3/6/12
Creates the crime of financial exploitation of an elder and provides enhanced penalties. Requires financial institutions to report suspected financial abuse to law enforcement.

H.B. 2195
S.B. 2313
Requires the Department of Human Services to allow persons to conduct child and vulnerable adult abuse perpetrator checks on the department's website as part of background checks for employment, volunteer, licensure, or certification purposes.

H.B. 2545
S.B. 2807
Amends §412:3-114.5, Hawaii Revised Statutes, to require financial institutions to report instances of suspected financial abuse of an elder directly to the appropriate police department instead of the Department of Human Services.

H.C.R. 156
H.R. 120
Requests the Department of Human Services to study the impact of the new adult protective services law.

S.B. 2450
Establishes mandatory minimum prison terms for certain offenses committed against persons 60 years of age or older.

Idaho
none
Illinois

H.B. 3986
Signed by governor 7/30/12, Public Act 97-0860
Provides that the Department on Aging or the agency designated to receive mandated reports of elder abuse, neglect, financial exploitation, or self-neglect may establish a manner in which a mandated reporter can make a report of elder abuse, neglect, financial exploitation, or self-neglect through an Internet reporting tool. Provides that information sent and received through the Internet reporting tool is subject to the same rules as other types of confidential reporting established by the designated agency or the Department.

H.B. 5266
Signed by governor 7/30/12, Public Act 97-0864
Amends the Elder Abuse and Neglect Act. Expands the list of persons and agencies that shall have access to all records generated as a result of a report of elder abuse, neglect, financial exploitation, or self-neglect to include a law enforcement agency, fire department agency, or fire protection district having proper jurisdiction pursuant to a written agreement between a provider agency and the law enforcement agency, fire department agency, or fire protection district under which the provider agency may furnish to the law enforcement agency, fire department agency, or fire protection district a list of all eligible adults who may be at imminent risk of elder abuse, neglect, financial exploitation, or self-neglect.

H.B. 5653
Signed by governor 7/30/12, Public Act 97-0865
Amends the Criminal Code of 1961 concerning financial exploitation of an elderly person or a person with a disability. Includes in the definition of intimidation, criminal intimidation. Includes in the definition of a person who stands in a position of trust and confidence with an elderly person or person with a disability, a paid or unpaid caregiver for the elderly person or person with a disability. Provides that if a person is charged with financial exploitation of an elderly person or a person with a disability that involves the taking or loss of more than $5,000, a prosecuting attorney may file a petition with the circuit court of the county in which the defendant has been charged to freeze the assets of the defendant in an amount equal to but not greater than the alleged value of lost or stolen property in the defendant's pending criminal proceeding for purposes of restitution to the victim. Provides that the burden of proof required to freeze the defendant's assets shall be by a preponderance of the evidence.

H.B. 6175
Creates the Financial Institutions Elder Abuse Reporting Act. Provides that a financial institution shall make an abuse report if an employee of the financial institution (i) has direct contact with an elder adult or reviews or approves an elder adult's financial documents, records, or transactions in connection with financial services provided by the financial institution to or for the elder adult, and (ii) observes or obtains knowledge of behavior, unusual circumstances, or transactions that leads the employee to know or have reasonable cause to suspect that the elder adult is the victim of financial abuse. Provides that an abuse report made under the Act is confidential. Provides that a financial institution shall establish and implement a training program to (i) assist employees in recognizing signs of potential financial abuse of an elder adult and (ii) inform employees about the requirement to file abuse reports provided by the Act. Provides for civil penalties for failure to file an abuse report.

S.B. 3517
Signed by governor 7/31/12, Public Act 97-0874
Provides that no applicant may receive a license from the Illinois Department of Children and Family Services and no person may be employed by the Department or a child care facility licensed by the Department who has been convicted of committing or attempting to commit specified offenses, including financial exploitation of an elderly person, unless, after careful review of the circumstances surrounding the convictions, through questioning of the applicant and accessing and reviewing official documents, the Department determines that the applicant does not pose a threat to state resources or clients. Includes provisions with regard to applicants with access to confidential financial information or who submit documentation to support billing. Provides that in evaluating certain exceptions, the Department of Children and Family Services must carefully review any relevant documents to determine whether the applicant, despite the disqualifying convictions, poses a substantial risk to state resources or clients. Sets forth guidelines to be used in making the determination.

S.B. 3703
Passed Senate 3/29/12
Amends the Elder Abuse and Neglect Act. Expands the list of persons and agencies that shall have access to all records generated as a result of a report of elder abuse, neglect, financial exploitation, or self-neglect to include a law enforcement agency, fire department agency, or fire protection district having proper jurisdiction pursuant to a written agreement between a provider agency and the law enforcement agency, fire department agency, or fire protection district under which the provider agency may furnish to the law enforcement agency, fire department agency, or fire protection district a list of all eligible adults who may be at imminent risk of elder abuse, neglect, financial exploitation, or self-neglect.

Indiana
none
Iowa

H.F. 2305
Signed by governor 4/12/12
H.S.B. 611
Became H.F. 2305 2/15/12
This bill relates to the Department on Aging. The bill includes amendments to definitions based on the federal Older Americans Act and state practice. The bill specifies the programs and services that the department shall provide to the extent required by law and subject to the availability of funding, and provides a basis for the services and programs the department administers. The bill changes the elder abuse projects to a prevention of elder abuse, neglect, and exploitation program.

H.S.B. 589
This bill relates to crime victims, including restitution plan hearings, crime victim compensation, and the identity theft passport program. The bill allows for the issuance of an identity theft passport to a person who is a resident of Iowa who is the subject of identity theft outside of Iowa, in addition to victims of identity theft in Iowa. The bill expands the definition of a “crime” for purposes of the crime victim compensation program to include a violation of Code § 715A.8 (identity theft) and the financial exploitation of a person who is 65 or older or who is a dependent adult as defined in Code §235B.2. “Financial exploitation” means the criminal act or process of taking unfair advantage of a person for one’s own personal or pecuniary profit, without the informed consent of the person, including theft, by the use of undue influence, harassment, duress, deception, false representation, false pretenses, forgery, fraudulent practices, or securities fraud. The bill distinguishes two categories of persons who are eligible for compensation for economic losses incurred as a direct result of an injury to or death of a victim: a “homicide victim survivor” (defined in the bill) and a “secondary victim” (defined in Code §915.80). The bill specifies that a loss of income due to missed work days for various categories of persons who may be awarded crime victim compensation shall be computed based upon the loss of reasonable income. The bill includes an award of compensation for such income for missed work days that the victim, secondary victim, or a homicide victim survivor would have performed where the loss of income is due to attendance at medical or counseling services or funerals, in addition to current law which allows compensation in such cases for attendance at criminal justice proceedings. The bill also includes an award of compensation for reasonable dependent care expenses incurred by a victim, secondary victim, or a homicide survivor due to attendance at funerals. The bill provides that compensation shall not be made to a secondary victim or a homicide victim survivor if the victim is ineligible for compensation. The bill allows moneys from the victim compensation fund to be used to implement the identity theft passport program established by rule pursuant to Code §715A.9A.

S.F. 2111
Passed Senate 2/27/12
This bill relates to crime victims, including restitution plan hearings, crime victim compensation, and the identity theft passport program. The bill allows for the issuance of an identity theft passport to a person who is a resident of Iowa who is the subject of identity theft outside of Iowa, in addition to victims of identity theft in Iowa. The bill expands the definition of a “crime” for purposes of the crime victim compensation program to include a violation of Code § 715A.8 (identity theft) and the financial exploitation of a person who is 65 or older or who is a dependent adult as defined in Code §235B.2. “Financial exploitation” means the criminal act or process of taking unfair advantage of a person for one’s own personal or pecuniary profit, without the informed consent of the person, including theft, by the use of undue influence, harassment, duress, deception, false representation, false pretenses, forgery, fraudulent practices, or securities fraud. The bill distinguishes two categories of persons who are eligible for compensation for economic losses incurred as a direct result of an injury to or death of a victim: a “homicide victim survivor” (defined in the bill) and a “secondary victim” (defined in Code §915.80). The bill specifies that a loss of income due to missed work days for various categories of persons who may be awarded crime victim compensation shall be computed based upon the loss of reasonable income. The bill includes an award of compensation for such income for missed work days that the victim, secondary victim, or a homicide victim survivor would have performed where the loss of income is due to attendance at medical or counseling services or funerals, in addition to current law which allows compensation in such cases for attendance at criminal justice proceedings. The bill also includes an award of compensation for reasonable dependent care expenses incurred by a victim, secondary victim, or a homicide survivor due to attendance at funerals. The bill provides that compensation shall not be made to a secondary victim or a homicide victim survivor if the victim is ineligible for compensation. The bill allows moneys from the victim compensation fund to be used to implement the identity theft passport program established by rule pursuant to Code §715A.9A.

S.S.B. 3035
This bill relates to the Department on Aging. The bill includes amendments to definitions based on the federal Older Americans Act and state practice. The bill specifies the programs and services that the department shall provide to the extent required by law and subject to the availability of funding, and provides a basis for the services and programs the department administers. The bill changes the elder abuse projects to a prevention of elder abuse, neglect, and exploitation program.

S.S.B. 3055
This bill relates to crime victims, including restitution plan hearings, crime victim compensation, and the identity theft passport program. The bill allows for the issuance of an identity theft passport to a person who is a resident of Iowa who is the subject of identity theft outside of Iowa, in addition to victims of identity theft in Iowa. The bill expands the definition of a “crime” for purposes of the crime victim compensation program to include a violation of Code § 715A.8 (identity theft) and the financial exploitation of a person who is 65 or older or who is a dependent adult as defined in Code §235B.2. “Financial exploitation” means the criminal act or process of taking unfair advantage of a person for one’s own personal or pecuniary profit, without the informed consent of the person, including theft, by the use of undue influence, harassment, duress, deception, false representation, false pretenses, forgery, fraudulent practices, or securities fraud. The bill distinguishes two categories of persons who are eligible for compensation for economic losses incurred as a direct result of an injury to or death of a victim: a “homicide victim survivor” (defined in the bill) and a “secondary victim” (defined in Code §915.80). The bill specifies that a loss of income due to missed work days for various categories of persons who may be awarded crime victim compensation shall be computed based upon the loss of reasonable income. The bill includes an award of compensation for such income for missed work days that the victim, secondary victim, or a homicide victim survivor would have performed where the loss of income is due to attendance at medical or counseling services or funerals, in addition to current law which allows compensation in such cases for attendance at criminal justice proceedings. The bill also includes an award of compensation for reasonable dependent care expenses incurred by a victim, secondary victim, or a homicide survivor due to attendance at funerals. The bill provides that compensation shall not be made to a secondary victim or a homicide victim survivor if the victim is ineligible for compensation. The bill allows moneys from the victim compensation fund to be used to implement the identity theft passport program established by rule pursuant to Code §715A.9A.

Kansas

H.B. 2504
The bill gives financial advisers immunity from liability in civil actions for reporting to law enforcement or another government agency certain activities relating to the possible exploitation of senior citizen clients.

Kentucky
none
Louisiana

H.B. 744
Passed House 4/5/12
Provides for an additional fine of $1,000 for certain persons who commit the crime of identity theft when the credit, money, goods, services, or anything else of value was able to be obtained as a result of the offender's employment with, or providing services to certain entities including a nursing home, developmental disability facility, mental health facility, hospital, or other residential facility.

Maine
none
Maryland

H.B. 1257
Signed by governor 5/2/12, Chapter 325
S.B. 941
Signed by governor 5/2/12, Chapter 324
Requires specified fiduciary institutions to report suspected financial abuse of an elder adult under specified circumstances; requires the report to be made to specified individuals and entities at specified times and by specified means; provides that a fiduciary institution is not required to investigate an allegation by an elder adult that financial abuse of the elder adult has occurred or to make a report if the same matter has already been reported; establishes specified civil penalties.

Massachusetts

H.B. 403
Relates to criminal offender record information; provides that all non violent and/or financial crimes shall be included in employment screening for individuals or volunteers providing services to elderly or disabled individuals.

H.B. 1965
Creates a special commission is hereby established to make an investigation and study of elder protective services and making recommendations to enhance said services where appropriate and necessary. The commission created shall examine strategies to increase public awareness of elder abuse and mechanisms for reporting said abuse. The commission shall assess the funding and programming needed to enhance elder protective services to the growing elder population and examine best practices for the prevention and detection of elder abuse. The commission shall also examine methods for addressing the high cost of financial exploitation investigations and expanding the availability of affordable legal services and financial advisory services for elders. The commission shall also examine the development of elder abuse multidisciplinary teams to provide consultation on protective services cases and perform critical incident case reviews.

Michigan

S.B. 455
Signed by governor 6/19/12, Public Act 169
Amends the Code of Criminal Procedure to include the enhanced felony penalties proposed by Senate Bill 459 in the sentencing guidelines.

S.B. 459
Signed by governor 6/19/12, Public Act 172
Amends the Michigan Penal Code to prescribe enhanced felony penalties for embezzlement of a vulnerable adult if the money or property used or obtained had a value of $50,000 or more. It also revises a prohibition against fraudulently obtaining a signature, by deleting references to certain financial documents.

S.B. 465
Signed by governor 6/19/12, Public Act 168
Amends the Code of Criminal Procedure to include the enhanced felony penalties proposed by Senate Bill 459 in the sentencing guidelines.

Minnesota

H.F. 2498
S.F. 2209
Extends the statute of limitations for financial exploitation of a vulnerable adult.

Mississippi

S.B. 2086
Died in committee 3/6/12
Amends §99-19-351 to provide for enhancement of penalties for fraud and nonviolent monetary crimes when committed against the elderly.

Missouri

H.B. 1515
Passed House 4/5/12
This substitute changes the laws regarding crimes and criminal procedure. Currently, a person commits the crime of elder abuse in the second degree, a class B felony, if he or she recklessly and purposely causes serious physical injury to a person 60 years of age or older or an adult with a disability. The substitute revises the provision so that if a person recklessly or purposely causes serious physical injury, he or she will be guilty of the crime. The crime of financial exploitation of an elderly or disabled person is revised to include if a person knowingly by undue influence obtains control over the elderly or disabled person's property with the intent to permanently deprive the person of the use, benefit, or possession thereby benefitting the person or detrimentally affecting the elderly or disabled person. As used in these provisions, "undue influence" means the use of influence by an individual who exercises authority over an elderly or disabled person in order to take unfair advantage of the person's vulnerable state of mind, neediness, pain, or agony and includes the improper or fraudulent use of a power of attorney, guardianship, conservatorship, or other fiduciary authority. The substitute specifies that it is a violation of these provisions for any person receiving or in the possession of funds of a MO HealthNet-eligible elderly or disabled person residing in a licensed facility to fail to remit to the facility all moneys owed to the facility resident from any source. The Family Support Division within the Department of Social Services is authorized to release information from its records containing the resident's income or assets to any prosecuting or circuit attorney for the purposes of investigating or prosecuting any suspected violation of these provisions. The prosecuting or circuit attorney, upon successful prosecution, may request the circuit court to order restitution of all amounts unlawfully withheld from a facility. Any order of restitution must provide that 10 percent of any restitution amount paid must be paid to the prosecuting or circuit attorney successfully prosecuting the violation to compensate for the costs of prosecution with the remaining amount to be paid to the facility.

H.B. 1897
Amends the definition and penalties for the offense of identity theft and financial exploitation of an eligible adult.

S.B. 689
Signed by governor 7/11/12
Under current law, a person who recklessly and purposely causes serious injury to an elderly person commits the crime of second degree elder abuse. This act makes it so a person who recklessly or purposely causes such injury has committed the crime. This act adds undue influence to the types of acts that, when committed against an elderly or disabled person, constitute the crime of financial exploitation. Undue influence is defined under the act to mean influence by a person who has authority over the elderly or disabled person in order to take unfair advantage of the person's vulnerable state of mind, neediness, pain, or agony. It includes improper use of various types of fiduciary authority. This act makes it an unlawful violation of the financial exploitation statute to fail to remit to a nursing facility in which a Medicaid eligible person resides all money owing the facility resident from any source. This act allows the Department of Social Services to release records regarding the income or assets of a resident of a facility licensed under Chapter 198 to prosecuting attorneys who are investigating or prosecuting an offense of financial exploitation. If a person admits to or is found guilty of failing to remit money owed to a facility licensed under Chapter 198, the court can order the offender to make restitution to the facility as a condition of sentence and/or probation. Any order or agreement for restitution must allow the prosecuting attorney to receive ten percent of each payment toward the restitution as reimbursement for the cost of enforcement.

S.B. 872
Amends the definition and penalties for the offense of identity theft and financial exploitation of an eligible adult.

Montana
No Regular 2012 Session
Nebraska

L.B. 1051
Signed by governor 4/10/12
Changes registry provisions regarding adult protective services and child protection cases; amends reporting requirements for abuse, neglect and exploitation; relates to unreasonable confinement.

Nevada
No Regular 2012 Session
New Hampshire
none
New Jersey

A.B. 632
Increases penalties for identity theft when victim is a senior citizen or veteran.

A.B. 635
S.B. 1048
Creates new offense of theft by financial exploitation of a vulnerable person.

A.B. 2272
S.B. 1047
Creates offense of financial exploitation of the elderly.

S.B. 1543
Increases penalties for identity theft when victim is a senior citizen or veteran.

New Mexico
none
New York

A.B. 546
S.B. 1040
Requires the office of children and family services to track and report elder abuse and to issue a biennial report to the governor and legislature and office for the aging regarding the incidence of elder abuse in the state.

A.B. 1010
Enacts the Senior Anti-Violence and Enforcement Act (SAVE); establishes a central registry for access to reports of maltreatment of seniors; creates a council on elder abuse; establishes penal provisions regarding offenses against the elderly and disabled.

A.B. 2374
S.B. 4725
Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.

A.B. 3838
Enacting clause stricken 7/11/11
S.B. 737
Provides a cogent and logical framework for the myriad identity theft laws that have been passed in response to the rapidly changing nature of identity theft crimes; includes provisions regarding when identity theft is committed against a vulnerable elderly person.

A.B. 4045
S.B. 956
Provides for a financial exploitation prevention outreach, education and training program and fund; authorizes the director of the office of the aging to award grants to qualified agencies to establish local elderly exploitation, outreach, education and training programs; outlines elements of such program.

A.B. 4541
S.B. 6756
Relates to reporting of financial exploitation; and establishes a financial exploitation, outreach, education and training program and fund.

A.B. 8646
Relates to offenses involving thefts of identity.

A.B. 8984
S.B. 5515
Enacts the elderly abuse protective act relating to elderly abuse protective services; appropriates $600,000 therefor.

A.B. 10456
S.B. 6712
Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree.

S.B. 5389
Relates to the financial exploitation of the elderly.

S.B. 6051
Relates to the elderly abuse education and outreach program; amends certain definitions and adds a financial outreach and education aspect to such program.

North Carolina
none
North Dakota
No Regular 2012 Session
Ohio

none

Oklahoma
none
Oregon

H.B. 4084
Signed by governor 3/27/12, Chapter 70
Provides that prosecution of certain felonies committed against person 65 years of age or older may be commenced within six years. Prohibits entry of order setting aside conviction for criminal mistreatment in first or second degree when victim was person 65 years of age or older. Requires health care provider to permit inspection and copying of protected health information of person who is alleged victim in abuse investigation. Sunsets June 30, 2015. Requires financial institution, upon receipt of subpoena issued by court or on behalf of grand jury, to disclose and provide copies of financial records of person who is alleged victim in abuse investigation. Sunsets June 30, 2015. Permits the Department of Human Services to make names of witnesses and vulnerable persons, and records and reports compiled in abuse investigations, available to certain entities. Creates Resident Safety Review Council. Sunsets council on June 30, 2013. Permits person convicted of certain crimes more than five years before employment to receive public funds in employment where person has contact with vulnerable person. Clarifies that person whose employment cannot be supported by public funds is not entitled to determination of fitness or right of appeal of determination of unfitness. Directs the Department of Human Services to submit report on statewide call system for reporting abuse of elderly person to appropriate interim committees of Legislative Assembly. Requires the Department of Human Services to, using new or existing materials, develop and implement training for persons investigating abuse and providing care to persons 65 years of age or older. Re-creates the Oregon Elder Abuse Work Group. Sunsets work group on June 30, 2013. Limits biennial expenditures from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by Department of Human Services for costs of Resident Safety Review Council.

H.B. 4085
Creates crime of assault in third degree for intentionally or knowingly causing physical injury to elderly person. Punishes by maximum of five years' imprisonment, $125,000 fine, or both. Provides that prosecution of certain felonies committed against person 65 years of age or older may be commenced within six years. Prohibits entry of order setting aside conviction for criminal mistreatment in first or second degree when victim was person 65 years of age or older. Requires health care provider to permit inspection and copying of protected health information of person who is alleged victim in abuse investigation. Requires financial institution, upon receipt of certification, to disclose and provide copies of financial records of person who is alleged victim in abuse investigation. Permits Department of Human Services to make names of witnesses and vulnerable persons, and records and reports compiled in abuse investigations, available to certain entities. Creates Resident Safety Review Council. Sunsets council on June 30, 2013. Permits person convicted of certain crimes more than five years before employment to receive public funds in employment where person has contact with vulnerable person. Clarifies that person whose employment cannot be supported by public funds is not entitled to determination of fitness or right of appeal of determination of unfitness. Directs Department of Human Services to apply for federal grant under Patient Protection and Affordable Care Act

Pennsylvania
none
Puerto Rico
none
Rhode Island

H.B. 7734
This act requires registration of those individuals who provide personal care attendant services to a consumer.

S.B. 2286
This act requires registration of those individuals who provide personal care attendant services to a consumer.

South Carolina
none
South Dakota
none
Tennessee
none
Texas
No Regular 2012 Session
Utah
none
Vermont

H.B. 413
Signed by governor 5/15/12, Act 141
This bill allows the attorney general to file a civil action against a person or caregiver who abuses, neglects, or exploits a vulnerable adult or against a person or caregiver who negligently allows another person or caregiver to abuse, neglect, or exploit a vulnerable adult.

Virginia

H.B. 409
Incorporated into H.B. 987 1/30/12
Provides that any person who knowingly exploits the impaired mental or physical capacity of an incapacitated adult or an adult (defined in the section as 60 years old or older) by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation to use, obtain, convert, or take control of or endeavor to use, obtain, convert, or take control of the incapacitated adult’s or adult’s money, assets, property, or financial resources with the intent to deprive the incapacitated adult or adult of the use, benefit, or possession of the money, assets, property, or financial resources and to convert such money, assets, property, or financial resources to the perpetrator’s own use or benefit is guilty of a Class 5 felony. However, any responsible person or a person who has a fiduciary relationship with the incapacitated adult or adult who commits such a violation is guilty of a Class 3 felony. It is not a defense that the accused did not know the age of the victim.

H.B. 690
Incorporated into H.B. 987 1/30/12
Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill also allows forfeiture of personal property used in connection with the crime.

H.B. 700
Incorporated into H.B. 987 1/30/12
Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony.

H.B. 882
Incorporated into H.B. 987 1/30/12
Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship, it is a Class 3 felony. The bill also prohibits a person convicted of the offense from working at a nursing home, home care organization, hospice, assisted living facility, adult day care center, or state facility of the Department of Behavioral Health and Developmental Services.

H.B. 982
Incorporated into H.B. 987 2/3/12
Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2 knowing or having reason to know that the victim of the offense is an incapacitated adult is guilty of a separate and distinct Class 1 misdemeanor. The bill adds that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony.

H.B. 987
Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime.

S.B. 222
Incorporated into S.B. 441 2/1/12
Provides that it is larceny for a person to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, take control of or endeavor to control, the money, assets, property, or financial resources of an incapacitated adult or an adult over 60 years of age, and convert the property to his own use or benefit. If the person is in a fiduciary relationship the penalty is a Class 3 felony.

S.B. 285
Incorporated into S.B. 441 2/1/12
Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult, is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that if the offender is a person responsible for the care of the victim, punishment shall include a mandatory minimum term of confinement of 30 days if the underlying offense is a misdemeanor and a mandatory minimum term of confinement of six months if the underlying offense is a felony.

S.B. 431
Passed Senate 2/10/12
Provides that it is a felony punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years to knowingly and without legal justification, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an incapacitated adult’s money, assets, property, or financial resources with the intent to permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person in a position of trust it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime.

S.B. 443
Incorporated into S.B. 441 2/1/12
Provides that it unlawful to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or vulnerable adult’s property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. A violation is deemed larceny unless the violation is by a caregiver or person with a fiduciary relationship in which case it is a Class 3 felony. The bill also allows forfeiture of personal property used in connection with the crime.

S.J.R. 53
Withdrawn from further consideration 2/10/12
Directs the Virginia State Crime Commission to study ways to prevent, deter, and punish financial exploitation of elderly and incapacitated adults, including determining whether existing laws on larceny, embezzlement, and fraud are adequate or whether there should be specific crimes geared towards the financial exploitation of elderly and incapacitated adults; roadblocks to identifying and prosecuting these crimes and what can be done to increase the possibility of obtaining restitution for victims shall also be studied.

Washington

H.B. 2314
Signed by governor 3/29/12, Chapter 164
Requires the Department of Health to establish, by rule, a state registry which contains identifying information about long-term care workers identified under this chapter who have final substantiated findings of abuse, neglect, financial exploitation, or abandonment of a vulnerable adult as defined in RCW 74.34.020. The rule must include disclosure, disposition of findings, notification, findings of fact, appeal rights, and fair hearing requirements. The department shall disclose, upon request, final substantiated findings of abuse, neglect, financial exploitation, or abandonment to any person so requesting this information. This information must also be shared with the department of health to advance the purposes of chapter 18.88B RCW.

West Virginia

H.B. 4516
S.B. 498
Signed by governor 3/30/12, Chapter 89
Relates to adult protective services and reports of abuse, neglect or exploitation of vulnerable adults; permits distribution of adult protective services records to certain individuals and entities; permits distribution of a summary of those records to certain other individuals and entities; protects the confidentiality of the identity of the reporter; and requires a program for notifying mandatory reporters at the outset and conclusion of investigations.

S.B. 548
Relates to the confidentiality of adult protective services records; lists persons and entities to whom records may be disclosed; and provides notification procedures of investigations concerning incapacitated adults or facility residents.

Wisconsin
none
Wyoming

H.B. 56
Withdrawn from further consideration 2/14/12
Modifies penalties for misdemeanor offenses, including for the abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult.

 

 

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