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Financial Crimes Against the Elderly 2013 Legis

Financial Crimes Against the Elderly | 2013 Legislation

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taking money from senior
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 the financial loss by victims of elder financial crimes and exploitation exceeds $2.9 billion dollars annually.

In the 2013 legislative session, 29 states and the District of Columbia had legislation to address financial crimes and exploitation against the elderly and other vulnerable adults. Eighteen states enacted legislation or adopted resolutions in 2013. For example, Alabama created the crimes of elder abuse and neglect in the first, second, and third degree as well as the crimes of financial exploitation of an elderly person in the first, second, and third degree. Arizona now specifies that a vulnerable adult is not exploited by a transfer of assets for the primary purpose of obtaining or maintaining eligibility for the Arizona Health Care Cost Containment System, Supplemental Security Income or Medicare benefits or Veterans’ Administration programs if the transfer of assets is between the person and: (a) the person’s spouse; (b) the person’s disabled child; or (c) a trust for the benefit of the person’s spouse or disabled child. Colorado enacted legislation that requires specified professionals to report abuse or exploitation of people 70 years and older. Georgia expanded protection of disabled adults and elder persons in long-term care facilities. Hawaii now requires financial institutions to report instances of suspected financial abuse of an elder directly to the appropriate county police department and the Department of Human Services. Illinois enacted legislation to createa statewide centralized abuse, neglect, financial exploitation, and self-neglect hotline for adults with disabilities and older adults.

Maryland altered penalties for a conviction of extortion, malicious destruction of property, obtaining property or services by bad check, credit card fraud, identity fraud, state health plan fraud, and exploitation of a vulnerable adult involving a value at or over $1,000. Minnesota allowed offenses for financial exploitation of a vulnerable adult to be aggregated over a six-month period. North Carolina allowed district attorneys to petition the court to freeze the assets of a defendant charged with financial exploitation of an elder adult or disabled adult and to establish a procedure to petition for the freezing or seizure of the defendant's assets. Washington enacted legislation to allow the Department of Social and Health Services, the Certified Professional Guardian Board, and the Office of Public Guardianship to share information contained in reports and investigations of abuse, abandonment, neglect, self-neglect, and financial exploitation of vulnerable adults.

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 | CT | DE | DC | FL | GA | HI | IDIL | IA | MD | MA | MN | MS | MO | MT | NENY | NC | ND | OKRI | SCVA | WA | WV | WYV-W
STATES
BILL SUMMARY
Alabama
H.B. 45
Passed House 4/2/13
This bill creates the crimes of elder abuse and neglect in the first, second, and third degree and provide other penalties. The bill also creates the crimes of financial exploitation of an elderly person in the first, second, and third degree and provides penalties.
S.B. 29
Signed by governor 5/23/13, Act 307
This bill creates the crimes of elder abuse and neglect in the first, second, and third degree and provides other penalties. The bill also creates the crimes of financial exploitation of an elderly person in the first, second, and third degree and provides penalties.
S.J.R. 86
Signed by governor 5/21/13, Act 275
Urges the Alabama Interagency Council for the Prevention of Elder Abuse to establish and implement a long range plan to prevent elder abuse, neglect, and exploitation.
Alaska
none
Arizona
H.B. 2162
Relates to vulnerable adult; relates to abuse; relates to damages.
S.B. 1175
Signed by governor 4/5/13, Chapter 67
Creates a presumption against a petitioner in a position of trust and confidence bringing a civil action against a vulnerable adult regarding a governing instrument, unless shown otherwise by clear and convincing evidence and makes changes to legal proceedings.
S.B. 1200
Relates to financial abuse of elders; relates to reports.
S.B. 1341
Signed by governor 5/2/13, Chapter 185
Specifies that a vulnerable adult is not exploited by a transfer of assets for the primary purpose of obtaining or maintaining eligibility for the Arizona Health Care Cost Containment System (AHCCCS), Supplemental Security Income (SSI) or Medicare benefits or Veterans’ Administration (VA) programs if the transfer of assets is between the person and: (a) the person’s spouse; (b) the person’s disabled child; or (c) a trust for the benefit of the person’s spouse or disabled child. Requires a transfer of assets for the purpose of obtaining or maintaining eligibility for AHCCCS benefits to comply with federal and state law. Expands situations in which a person who is in a position of trust and confidence to a vulnerable adult does not have to use assets solely for the vulnerable adult’s benefit to include: (a) a transaction that is required in order to obtain or maintain eligibility for AHCCCS services; and (b) the person is the vulnerable adult’s spouse and the transaction furthers the interest of the marital community, including applying for SSI, Medicare or VA programs.
Arkansas
none
California

A.B. 140
Signed by governor 10/10/13, Chapter 668

Existing law provides that financial abuse of an elder or dependent adult occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined. Existing law makes failing to report, or impeding or inhibiting a report of, among other things, financial abuse of an elder or dependent adult, in violation of certain reporting requirements a misdemeanor. Existing law also makes it a misdemeanor for any caretaker of an elder or dependent adult to violate any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult. This bill changes the definition of undue influence to mean excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. The bill requires, in determining whether the result was produced by undue influence, the vulnerability of the victim, the influencer’s apparent authority, the actions or tactics used by the influencer, and the equity of the result to be considered. The bill specifies that an inequitable result, without more, is not sufficient to prove undue influence. Existing law prohibits the use of undue influence and establishes protections for individuals unable to resist undue influence in various areas of the law, including wills, trusts, and conservatorships. This bill defines undue influence for those purposes without superseding or interfering with the common law of undue influence.
A.B. 381

Signed by governor 8/13/13, Chapter 99

Existing law provides that a person found liable for taking, concealing, or disposing of property belonging to the estate of a decedent, conservatee, minor, or trust through the use of undue influence in bad faith, or through the commission of elder or dependent adult financial abuse, is liable for twice the value of the property. Existing law provides that this remedy is additional to any other remedy available at law. This bill provides that a person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs in these actions, except as specified. The bill specifically applies these provisions to property belonging to an elder or a dependent adult. The bill makes technical changes with regard to the nonexclusive character of the remedy provided. Existing law provides that a person who, in bad faith, wrongfully takes, conceals, or disposes of property belonging to a principal under a power of attorney is liable for twice the value of the property recovered by an action to recover the property or for surcharge. This bill extends this liability to a person who has taken, concealed, or disposed of property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined. The bill provides that a person may, in the court’s discretion, be liable for reasonable attorney’s fees and costs under these provisions and those described above, except as specified.
A.B. 477

Vetoed by governor 10/9/13

Existing law, the Financial Elder Abuse Reporting Act of 2005, establishes procedures for the reporting of suspected financial abuse of an elder or dependent adult, as defined. These procedures require mandated reporters of suspected financial abuse of an elder or dependent adult, as defined, to report known or suspected instances of financial abuse of an elder or dependent adult, as specified. Existing law makes a violation of the reporting requirements subject to a civil penalty. This bill includes notaries public in the definition of mandated reporters of suspected financial abuse of an elder or dependent adult and requires a notary public, if he or she has observed or has knowledge of suspected financial abuse in connection with providing notary services, to report the known or suspected instance of financial abuse. The bill provides that this requirement is applicable only when the notary public knows that the victim of the suspected financial abuse is an elder or dependent adult. Existing law makes specified reports, including reports of known or suspected financial abuse of an elder or dependent adult, confidential. Any violation of the confidentiality of these reports is a misdemeanor. This bill extends that confidentiality to a notary public’s report of known or suspected financial abuse of an elder or dependent adult. Existing law authorizes a care custodian, clergy member, health practitioner, and an employee of an adult protective services agency or a law enforcement agency to present a claim to the California Victim Compensation and Government Claims Board for reasonable attorney’s fees incurred in any action against that person for making a report of known or suspected abuse of an elder or dependent adult, as specified. This bill additionally authorizes a notary public to present a claim to the board for reasonable attorney’s fees incurred in an action against that person for making a report pursuant to these provisions. Existing law requires a county adult protective services agency to report every known or suspected instance of abuse of an elder or dependent adult, as specified, to any public agency given responsibility for investigation in that jurisdiction of cases of elder and dependent adult abuse. Existing law also requires a county adult protective services agency to provide mandated reporters of suspected financial abuse of an elder or dependent adult with instructional materials regarding abuse and neglect of an elder or dependent adult and their obligation to report under these provisions. The bill requires a county adult protective services agency to additionally report a known or suspected instance of abuse reported by a notary public and to additionally provide instructional materials to notaries public.

A.C.R. 81

Passed Assembly 9/10/13

This measure proclaims November 13, 2013, as Senior Fraud Awareness Day.
S.B. 541
This bill require the Department of Real Estate to establish, by January 1, 2016, an Elder Financial Abuse Advisory Committee, as prescribed, to provide to the commissioner, beginning January 1, 2017, and annually thereafter, reports analyzing the department’s financial policies relating to real estate and identifying those policies that negatively impact elderly residents.
S.B. 543

Signed by governor 10/132/13, Chapter 782

Existing law provides that petty theft is a misdemeanor, except that every person who, having been convicted three or more times of a qualifying offense is subsequently convicted of petty theft is subject to imprisonment in the county jail for up to one year for a misdemeanor, or in the county jail for a felony for 16 months, or two or three years. Existing law also provides that persons required to register as sex offenders, or with a prior serious or violent felony conviction, who have been convicted and imprisoned for the commission of a qualified offense and who are subsequently convicted of petty theft are subject to imprisonment in a county jail for one year for a misdemeanor or in the state prison for 16 months, or two or three years for a felony with one prior qualifying offense. This bill makes a conviction for theft, embezzlement, forgery, fraud, or identity theft, as specified, against an elder or dependent adult a qualifying offense for each of the sentencing regimens described above.
S.B. 803
Existing law establishes offenses involving falsifying documents, elder abuse, forgery, grand theft, identity theft, and mortgage fraud, among others. Existing law requires a court to order defendants convicted of any crime to pay restitution to the victim or victims as well as a restitution fine, as specified, unless the court finds compelling and extraordinary reasons for not imposing the restitution fine, as specified. This bill provides that where a defendant is convicted of any of those offenses, or any other offense, in which an instrument affecting the right, title, or interest in real property was forged or false, and where the instrument was filed, registered, or recorded, as specified, the prosecuting attorney or the judge may make a motion for a noticed hearing to adjudge the instrument void, and to order restitution for an affected person. The bill authorizes a person who claims an interest in the affected property to file a claim, as specified, in connection with the motion. The bill also authorizes a person who claims an interest in the property to, in the alternative, file a quiet title action for the affected property. The bill authorizes the court, in its discretion, to stay a decision on the motion until resolution of the quiet title action.
Colorado
S.B. 111
Signed by governor 5/16/13, Chapter 233
Under the bill, on and after July 1, 2014, certain professionals (mandatory reporters) who observe the abuse or exploitation of a person who is 70 years of age or older (at-risk elder) or who have reasonable cause to believe that an at-risk elder has been abused or has been exploited and is at imminent risk of abuse or exploitation are required to report such fact to a law enforcement agency within 24 hours after making the observation or discovery. A mandatory reporter who fails to report commits a class 3 misdemeanor. Within 24 hours after receiving a report of abuse or exploitation of an at-risk elder, a law enforcement agency shall notify the at-risk elder's county department and district attorney's office of the report. The law enforcement agency shall complete a criminal investigation when appropriate. Upon completion of an investigation, the law enforcement agency shall provide a report of the investigation to the at-risk elder's county department and a district attorney's office. A person who reports an incident of abuse or exploitation to a law enforcement agency is immune from a civil action or criminal prosecution if the report was made in good faith. A person who knowingly makes a false report commits a class 3 misdemeanor. The bill adds physical therapists, emergency medical service providers, chiropractors, and clergy to the list of professionals who are currently urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult. These professions are also included within the new list of mandatory reporters. A person who exercises undue influence to convert or take possession of an at-risk elder's money, assets, or other property commits statutory theft. On or before January 1, 2014, the Peace Officers Standards and Training Board (P.O.S.T. board) shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk elders. On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum. The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum. On and after January 1, 2014, the state Department of Human Services (state department) shall implement a program to generate awareness among: (i) The residents of the state regarding the mistreatment, self-neglect, and exploitation of at-risk adults; (ii) The professionals who are urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult; and (iii) Mandatory reporters. On or before December 31, 2016, the state department shall prepare and deliver to the joint budget committee and to the health and human services committee of the Senate; the health, insurance, and environment committee of the House of Representatives; and the public health care and human services committee of the House of Representatives, or to any successor committee, a report concerning the implementation of mandatory reports of abuse and exploitation of at-risk elders. Under current law, for the purposes of enhanced penalties for offenses committed against at-risk adults, an at-risk adult is defined as any person 60 years of age or older or any person 18 years of age or older who is a person with a disability. The bill changes this definition to raise the minimum age of 60 years of age to 70 years of age. The bill repeals provisions concerning protection against financial exploitation of at-risk adults. The bill repeals the elder abuse task force.
Connecticut
S.B. 886

Signed by governor 7/11/13, Public Act 13-250

This act makes changes in several statutes to help senior citizens remain in their own homes and communities as they age (i. e. , “age-in-place”). Specifically, it: adds anyone paid by an institution, organization, agency, or facility to care for seniors to the list of mandated elder abuse reporters and establishes a related training requirement for their employers; requires the Department of Social Services, by July 1, 2014, to begin annually reporting to the legislature on the elder abuse and neglect complaints it received in the previous calendar year; and requires the Department of Consumer Protection, in collaboration with the aging and social services departments, to conduct a public awareness campaign, within available funds, to educate seniors and caregivers on ways to resist aggressive marketing tactics and scams.
Delaware
H.J.R. 9
Passed House 6/27/13
This resolution establishes a study group to assess how the Delaware laws may be enhanced to provide protections of seniors in the context of financial exploitation.
S.C.R. 23
Adopted 6/19/13
Recognizes June 15, 2013, as "Delaware Elder Abuse Awareness Day."
District of Columbia

B20-107

Amends the Adult Protective Services Act of 1984, the Criminal Abuse and Neglect of Vulnerable Adults Act of 2000, and Title 21 of the District of Columbia Official Code, to establish stricter penalties for elder abuse or failure to report abuse, creates more autonomy for elders, increases criminal penalties for elder abuse, establishes financial abuse as a form of elder abuse, and prevent a convicted abuser from inheriting from their victims.
Florida
H.B. 253
Died on calendar 5/3/13
Provides for protective services interventions when ability of vulnerable adult is impaired, rather than when capacity to consent is lacking; reduces minimum amount of theft from person 65 years of age or older that constitutes felony of third degree; revises terminology to prohibit specified offenses against vulnerable adult, rather than against an elderly person or disabled adult; conforms provisions.
S.B. 1222
Died in committee 5/3/13
Reduces the minimum amount of a theft from a person 65 years of age or older that constitutes a felony of the third degree; provides criminal penalties; revises terminology to prohibit specified lewd and lascivious offenses committed upon or in the presence of a vulnerable adult and to prohibit specified offenses involving exploitation of a vulnerable adult.
Georgia
H.B. 78
Signed by governor 5/3/13, Act 132
Relates to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities, respectively, so as to expand protection of disabled adults and elder persons; provides for and revise definitions; changes provisions relating to cruelty to a person 65 years of age or older; prohibits exploitation of disabled adults, elder persons, and residents; provides for exceptions to criminal liability; provides for investigatory powers; expands the right to take a deposition in criminal proceedings under certain circumstances; applies provisions relating to the protection of elder persons from exploitation to elder persons who are residents in long-term care facilities; expands reporting requirements for persons in need of protective services and for reporting abuse or exploitation in long-term care facilities; expands the cooperative development of certain education and training programs; moves relevant criminal penalties from Title 30 into Title 16; amends Code §19-7-5 relating to reporting of child abuse, so as to include physician assistants as mandatory reporters; amends Code §17 17-17-3, Title 31, Chapter 3 of Title 35, and Code §§42-8-63.1 and 49-2-14.1 of the relating to definitions, health, the Georgia Bureau of Investigation, discharging disqualifying individuals from employment, and records check requirements for licensing certain child welfare agencies, respectively.
Guam
not available
Hawaii
H.B. 3
S.B. 102
Signed by governor 6/27/13, Act 216
Requires financial institutions to report instances of suspected financial abuse of an elder directly to the appropriate county police department and the Department of Human Services.
H.B. 7
S.B. 107
Creates the Hawaii Kupuna Trust Fund, which comprises public and private funding for meeting the outstanding and future needs of the elderly and vulnerable adult population.
H.B. 303
Creates offense of financial exploitation of an elder and provides enhanced penalties.  Requires financial institutions to report suspected financial abuse of an elder to the appropriate police department and allows suspected financial abuse to be reported to the Department of Human Services. Requires the Department of Human Services to share records with police department or office of the prosecuting attorney.
H.B. 382
Requires financial institutions to report suspected financial abuse of an elder to an appropriate police department and allows reporting to the Department of Human Services. Mandates information sharing with the police or prosecutor.
H.B. 391
Requires financial institutions to report suspected financial abuse of an elder to appropriate law enforcement.
H.B. 867
S.B. 1098
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. 118
Adopted 4/24/13
H.R. 89
Adopted 4/12/13
Requests the Department of Human Services to prepare a progress report on detailing efforts to improve and re-engineer processing for Adult Protective Services.
Idaho
H.B. 154
Provides for the extension of a sentence for certain violations against older persons.
Illinois
H.B. 948
Signed by governor 7/1/13, Public Act 98-0049
Creates the Statewide Centralized Abuse, Neglect, Financial Exploitation, and Self-Neglect Hotline Act for adults with disabilities and older adults.
H.B. 1942
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation.
H.B. 2749
Amends the Criminal Code of 2012. Includes in the offense of financial exploitation of an elderly person or a person with a disability knowingly by undue influence, force, or threat of force obtaining control over the property of an elderly person or a person with a disability or illegally using the assets or resources of an elderly person or a person with a disability. Adds a definition of "undue influence". Expands the definition of "intimidation" to include a threat of physical or emotional harm to an elderly person or a person with a disability.
H.B. 2914
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.
H.B. 3382
Amends various Acts. Provides that, beginning January 1, 2016, qualifications and continuing education requirements for health care professionals shall include completion of a one-hour course or training program regarding the identification and reporting of elder abuse and neglect. Amends the Elder Abuse and Neglect Act. Provides that the Department on Aging shall establish and implement a one-hour course or training program regarding the identification and reporting of elder abuse and neglect by health care professionals.
H.J.R. 18
Creates the Senior Financial Exploitation Task Force to study the problem of financial exploitation of at-risk elderly adults in Illinois.
S.B. 1009
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation.
S.B. 1164
Repeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuse and Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that within six months, the Department on Aging shall establish a centralized Adult Protective Services Helpline for the purposes of reporting the abuse, neglect, or financial exploitation of an eligible adult. Requires the Department on Aging to make the helpline accessible 24 hours a day, seven days a week and to post its telephone number online. Requires the Department on Aging to report to the Department of Public Health's health care worker registry the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters.
Indiana
none
Iowa

H.F. 278

Passed House 3/13/13

H.S.B. 46

Became H.F. 278 2/20/13

Includes provisions relating to programs and services under the purview of the Department on Aging; eliminates a provision relating to the duties of the administrator of the investigations division of the Department of Inspections and Appeals; provides that the provision directs the administrator to coordinate investigations relative to the operation of language that potentially conflicts with the autonomy of the office of state long-term care ombudsman; amends the language relating to confidential record.

H.F. 409

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.
H.F. 416
Establishes provisions to protect the rights of certain individuals, including protections against fraud and financial exploitation, provides for fees and repayment receipts, and provides penalties.

S.F. 184

Signed by governor 4/5/13, Chapter 18

S.S.B. 1056

Became H.F. 184 2/13/13

Includes provisions relating to programs and services under the purview of the Department on Aging; eliminates a provision relating to the duties of the administrator of the investigations division of the Department of Inspections and Appeals; provides that the provision directs the administrator to coordinate investigations relative to the operations of the language conflicts with the autonomy of the office of state long-term care ombudsman; amends the language relating to confidential record.
Kansas
none
Kentucky
none
Louisiana
none
Maine
none
Maryland
H.B. 1396
Signed by governor 5/2/13, Chapter 415
Alters penalties for a conviction of extortion, malicious destruction of property, obtaining property or services by bad check, credit card fraud, identity fraud, state health plan fraud, and exploitation of a vulnerable adult involving a value at or over $1,000.
Massachusetts

H.B. 3401

Substituted by H.B. 3538 7/1/13

Creates a special commission to make an investigation and study of elder protective services and to make recommendations to enhance said services where appropriate and necessary. The commission 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.

H.B. 3538

Signed by governor 7/12/13 with line item veto, Chapter 58

Creates a special commission to make an investigation and study of elder protective services and to make recommendations to enhance said services where appropriate and necessary. The commission 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. The commission, in formulating its recommendations, shall take into account the best policies and practices in other states and jurisdictions, including, but not limited to, those relating to elder abuse prevention strategies.
Michigan
none
Minnesota
H.F. 90
Signed by governor 3/14/13, Chapter 5
S.F. 187
Indefinitely postponed 2/25/13
Allows offenses for financial exploitation of a vulnerable adult to be aggregated over a six-month period; expanding venue options for financial exploitation of a vulnerable adult.
Mississippi
S.B. 2166
Died in committee 2/5/13
Amends §99-19-351 to provide for enhancement of penalties for fraud and nonviolent monetary crimes when committed against the elderly; amends §97-23-103 to revise the penalties for home repair fraud.
Missouri
H.B. 210
Passed House 5/2/13
Changes the laws regarding the offense of financial exploitation of an elderly or disabled person.
S.B. 253
Changes the laws regarding the offense of financial exploitation of an elderly or disabled person.
Montana
S.B. 134
Signed by governor 4/5/13, Chapter 158
Revises the Montana Elder and Persons with Developmental Disabilities Abuse Prevention Act; clarifies the definition of "older person"; eliminates the requirement in prosecutions that an older person be unable to provide personal protection due to mental or physical impairment or frailties or dependencies brought about by advanced age; provides for a minimum prison sentence in certain circumstances.
Nebraska
L.R. 328
Relates to an interim study to examine methods to better protect elderly and other vulnerable Nebraskans from financial exploitation.
Nevada
none
New Hampshire
none
New Jersey
none
New Mexico
none
New York
A.B. 133
S.B. 720
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. 589
Enacts the "Elderly Abuse Protective Act" relating to elderly abuse protective services; appropriates $600,000.
A.B. 591
S.B. 2323
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. 1783

S.B. 5675

Relates to the report of suspected financial exploitation; requires the superintendent of the Department of Financial Services to develop guidelines relating to reporting suspected financial exploitation; provides that a financial institution who reports suspected financial abuse shall have immunity from any civil or criminal liability as a result

A.B. 2207
Enacting clause stricken 5/20/13
Directs the Social Services Department to establish, operate and maintain a statewide toll-free telephone number for the purpose of receiving telephone calls alleging abuse or maltreatment of elderly persons for purposes of reporting of endangered adults.
A.B. 2898
S.B. 373
Passed Senate 6/4/13
Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.
A.B. 3555
Relates to establishing the crime of financial exploitation of a vulnerable elderly person and provides for civil liability for financial exploitation of a vulnerable elderly person.
A.B. 3737
S.B. 2337
Requires various persons (similar to child abuse) to report financial exploitation of the elderly (62 or older) to a social services official; directs the commissioner of children and family services to develop rules for the conduct of investigations and the protection of the exploited.
A.B. 4316
S.B. 102
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.
A.B. 4655
S.B. 143
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. 5590
Enacts the "Elderly Abuse Protective Act" to protect residents 62 years of age or older who suffer abuse or deprivation; requires reports to the commissioner of the Office of Children and Family Services of the possible necessity for protective services; specifies action by such commissioner upon receiving such report including evaluation, right of entry, and furnishing of protective services; specifies the authority of the Office of Children and Family Services with respect thereto and requires assistance of other agencies in the implementation thereof; provides for judicial and review action against caretakers who abuse elderly; creates statewide central register of elderly abuse; appropriates $600,000 to the Office of Children and Family Services.
A.B. 5604
S.B. 2162
Relates to reporting of financial exploitation; establishes a financial exploitation, outreach, education and training program and fund.

A.B. 7345

Passed Assembly 6/13/13

Establishes the opt-in program for reporting of suspected financial exploitation.

A.B. 7400

Signed by governor 12/18/13, Chapter 526

S.B. 5821

Substituted 6/20/13

Adds identity theft, larceny and coercion to those offenses over which criminal and family courts have concurrent jurisdiction when involving family or household members; authorizes a court which issues an order of protection to order the respondent to return certain documents, and credit and debit devices to the protected party.
A.B. 7612
Establishes a statewide toll-free elderly abuse hotline for the purpose of receiving telephone calls alleging abuse or maltreatment of an elderly person, including but not limited to abuse, neglect or financial exploitation.
A.B. 7892
S.B. 5707
Passed Senate 6/12/13
Authorizes banks to refuse payment of moneys when there is reason to believe that a vulnerable adult is being financially exploited.
S.B. 218
Passed Senate 6/10/13
Relates to offenses involving thefts of identity.
S.B. 2171
Relates to the elderly abuse education and outreach program; amends certain definitions and adds a financial outreach and education aspect to such program.

S.B. 5478

Relates to the report of suspected financial exploitation; requires the superintendent of the Department of Financial Services to develop guidelines relating to reporting suspected financial exploitation; provides that a third party who reports suspected financial abuse shall have immunity from any civil or criminal liability as a result.

S.B. 5779
Passed Senate 6/18/13
Authorizes banks to refuse payment of moneys when there is reason to believe that a vulnerable adult is being financially exploited.
North Carolina
H.B. 891
Signed by governor 6/26/13, Chapter 203
Allows the district attorney to petition the court to freeze the assets of a defendant charged with financial exploitation of an elder adult or disabled adult and to establish a procedure to petition for the freezing or seizure of the defendant's assets.
S.B. 140

Signed by governor 7/23/13, Chapter 337

Increases the recognition, reporting, and prosecution of those who would defraud or financially exploit disabled or older adults and to continue the Task Force on Fraud Against Older Adults, as recommended by the Task Force on Fraud Against Older Adults.
North Dakota
S.B. 2323
Signed by governor 4/15/13, Chapter 384
Relates to the reporting of abuse or neglect of a vulnerable adult; and provides a penalty.
S.B. 2345
Signed by governor 4/16/13, Chapter 110
Relates to the penalty for the exploitation of a disabled adult or vulnerable elderly adult.
N. Mariana Islands not available
Ohio
none
Oklahoma
S.B. 370
Relates to statute of limitations; clarifies application of certain statute of limitations including financial exploitation of a vulnerable adult.
Oregon
none
Pennsylvania
none
Puerto Rico
none
Rhode Island
H.B. 5538
This act requires registration of those individuals who provide personal care assistant services to a consumer; disqualifies individuals convicted of exploitation of elders.
S.B. 461
This act requires registration of those individuals who provide personal care assistant services to a consumer; disqualifies individuals convicted of exploitation of elders.
South Carolina

S.B. 764

Adds Article 2, Chapter 35, Title 43 so as to create the vulnerable adult guardian ad litem program within the Office on Aging to recruit, train, and supervise volunteers to serve as court appointed guardians ad litem for vulnerable adults in abuse, neglect, and exploitation proceedings; provides the duties and responsibilities of a guardian ad litem; provides that a guardian ad litem may be a layperson or an attorney; provides qualifications to become a guardian ad litem; authorizes the vulnerable adult guardian ad litem program to intervene in proceedings to petition for removal of a guardian ad litem under certain conditions; provides that certain information, reports, and records must be made available to guardians ad litem by certain state and federal agencies, medical and dental practitioners, and financial institutions; provides that reports and information collected and maintained by the program are confidential and provides for civil immunity when acting in good faith and in the absence of gross negligence; and amends §43-35-45, relating, among other things, to the appointment of an attorney and a guardian ad litem for a vulnerable adult in a proceeding, so as to further provide that the court shall appoint an attorney for a lay guardian ad litem and that the guardian ad litem may be removed if the vulnerable adult has the capacity to assist in the case.

South Dakota
none
Tennessee
none
Texas
none
Utah
none
Vermont
none
Virginia

H.B. 1682

Signed by governor 3/16/13, Chapter 419

S.B. 706

Signed by governor 3/16/13, Chapter 452

Provides that it is unlawful for any person who knows or should know that another person suffers from mental incapacity to, through the use of that other person's mental incapacity, take, obtain, or convert money or other thing of value belonging to that other person with the intent to permanently deprive him thereof. A violation is punishable as larceny

H.B. 1781

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. 1258
Incorporated into S.B. 706 1/21/13
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.
Virgin Islands not available
Washington
H.B. 1003
Signed by governor 5/1/13, Chapter 86
Requires the Department of Health or health professions board or commission to summarily suspend the license of any health care provider who is prohibited from employment in the care of vulnerable adults based upon a finding of neglect or abuse of a minor or abuse, abandonment, neglect, or financial exploitation of a vulnerable adult.
H.B. 1523
S.B. 5510
Signed by governor 5/16/13, Chapter 263
Modifies the definition of neglect to clarify that the act or omission that demonstrates a clear and present danger to a vulnerable adult must be an act or omission of a person with a duty of care to the vulnerable adult. Allows the Department of Social and Health Services, the Certified Professional Guardian Board, and the Office of Public Guardianship to share information contained in reports and investigations of abuse, abandonment, neglect, self-neglect, and financial exploitation of vulnerable adults. This information must be used for recruiting guardians and for monitoring or disciplining certified professional or public guardians. These reports remain confidential and may not be subject to further disclosure.
West Virginia
H.C.R. 130
Passed House 4/11/13
Requests the Joint Committee on Government and Finance to study the feasibility of updating state laws that strengthen protections against elder abuse, exploitation and fraud.
S.C.R. 44
Requests the Joint Committee on Government and Finance to study the safeguarding of older West Virginians against abuse, fraud and financial exploitation; the strengthening of protection against such crimes through reviewing and updating state laws; how other states define financial exploitation and how we may integrate certain elements of such other states’ laws into West Virginia law; and whether current law provides county prosecutors with the tools they need to track down and expose scams having an impact on older West Virginians.
Wisconsin
none
Wyoming
H.B. 39
Failed to pass House 1/24/13
Modifies penalties for misdemeanor offenses; provides for classes of misdemeanors, including abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult.
S.B. 56
Passed House 2/26/13
Relates to adult protective services; allows access to specified records; provides that the records concerning reports and investigations shall be available to the vulnerable adult who is the subject of the record, his legal guardian, the personal representative of a deceased vulnerable adult or a decedent's wrongful death representative appointed to bring an action for the benefit of the vulnerable adult's beneficiaries.


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