|
Arizona
|
H 2368
|
Elder Abuse and Pamphlet and Long-Term Care
|
Failed - Adjourned
|
Relates to elder abuse; relates to pamphlet; relates to long-term care.
|
|
Arkansas
|
S 519
|
Vulnerable Person Protection Act
|
Enacted
|
Creates the Vulnerable Person Protection Act; expands protection of certain types of vulnerable persons in this state by establishing additional criminal penalties.
|
|
California
|
A 386
|
California Right to Financial Privacy Act
|
Pending
|
Provides for the confidentiality of the financial records of people who transact business with, or use the services of, financial institutions or for whom a financial institution has acted as a fiduciary. Expands the period covered by the statement of information to a period of a specified number of days before, and up to a specified number of days following, the date of occurrence. Includes procedures for investigating financial exploitation.
|
|
California
|
A 751
|
Elder Abuse
|
Enacted
|
Clarifies that a police department that complied or complies with the requirements regarding including specified information about the elements of elder abuse crimes in their policy manuals on or after specified date is required to include the specified provisions regarding procedures for investigating elder abuse in their policy.
|
|
California
|
A 1417
|
Elder and Dependent Adult Abuse: Mandated Reporting
|
Pending
|
Relates to the Elder Abuse and Dependent Adult Civil Protection Act. Provides that if the abuse is not physical abuse, and the abuse occurred in a long-term care facility, with exceptions, existing law requires a telephone report and a written report to be made to the local ombudsman or the local law enforcement agency. Deletes and reorganizes some of those reporting provisions. Includes financial abuse.
|
|
California
|
S 278
|
Elder Abuse
|
Pending
|
Relates to the Elder Abuse and Dependent Adult Civil Protection Act. Adds to the definition of financial abuse knowingly aiding and abetting in the taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. Provides that wrongful use includes when a person or entity assisted in taking, secreting, appropriating, obtaining, or retaining property for a wrongful use. Makes provisions severable.
|
|
California
|
SCR 64
|
Elder and Dependent Adult Abuse Awareness Month
|
Adopted
|
Proclaims and acknowledges the month of June 2023 as Elder and Dependent Adult Abuse Awareness Month in California and would reiterate the importance of annually recognizing Elder and Dependent Adult Abuse Awareness Month in the state.
|
|
Connecticut
|
H 5779
|
Criminal Penalties for Abuse
|
Failed
|
Concerns a study of criminal penalties for abuse, abandonment and financial exploitation of elderly persons, persons with disabilities or conserved persons.
|
|
Connecticut
|
S 247
|
Elder Abuse Registry
|
Failed
|
Establishes an elder abuse registry; protects senior citizens from abuse, neglect and exploitation with a public data base of persons convicted of crimes against elderly persons.
|
|
Connecticut
|
S 1088
|
Financial Exploitation of Senior Citizens
|
Enacted
|
Relates to financial exploitation of senior citizens; provides that each financial institution shall comply with the applicable provisions of the Electronic Signatures in Global and National Commerce Act that require an institution to obtain a consumer's consent before the financial institution provides to the consumer periodic statements in an electronic form, allow a consumer to withdraw such consent, and require an institution to provide to a consumer a paper copy of any electronic periodic statement.
|
|
Delaware
|
SCR 80
|
Recognition Resolution
|
Adopted
|
Recognizes June 15, 2023, as Delaware Elder Abuse Awareness Day and encourages all of Delaware's citizens to learn about how to protect and nurture our elderly citizens.
|
|
Florida
|
H 113
|
Contacting Consumer Debtors
|
Failed - Adjourned
|
Relates to contacting consumer debtors; prohibits contacting debtors in certain situations; provides requirements for each type of debtor; specifies length of each prohibition; provides enforcement actions against out-of-state consumer debt collectors; provides civil remedies for violations. Includes language specific to victims of financial exploitation.
|
|
Florida
|
H 603
|
Exploitation of Vulnerable Persons
|
Failed
|
Relates to exploitation of vulnerable persons; specifies conditions under which a person commits exploitation of a person 65 years of age or older; provides for advancing certain trials on docket; authorizes persons who are in imminent danger of exploitation to petition for protective injunction; provides time limitations for prosecution for violations; provides exception.
|
|
Florida
|
S 232
|
Exploitation of Vulnerable Persons
|
Enacted
|
Relates to exploitation of vulnerable persons; defines terms; specifies conditions under which a person commits exploitation of a person of specified years of age or older; provides criminal penalties for violations of the act; authorizes persons who are in imminent danger of exploitation to petition for an injunction for protection; provides time limitations for commencing prosecution for violations of the act.
|
|
Georgia
|
S 84
|
Georgia Uniform Securities Act
|
Enacted
|
Provides financial protections for elder and disabled adults who may be victims of financial exploitation; provides for reporting and notice requirements; provides for the delay of disbursements or transactions that may result in exploitation; provides that if a qualified individual has reasonable cause to believe that the financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted, then the qualified individual shall promptly notify the Secretary of State.
|
|
Hawaii
|
S 931
H 642
|
Check Cashers Financial Exploitation Reporting
|
Pending - Carryover
|
Requires check cashers to report suspected financial exploitation of elders and vulnerable adults in relation to check cashing; provides immunity for good faith reporting; authorizes a check casher to refuse to cash a check in situations of suspected financial exploitation.
|
|
Hawaii
|
S 694
|
Penal Code
|
Pending - Carryover
|
Makes financial exploitation of a vulnerable adult by a caregiver a class A felony.
|
|
Idaho
|
S 1028
|
Vulnerable Adults Maltreatment
|
Enacted
|
Amends, repeals, and adds to existing law to revise provisions regarding reports and investigations of maltreatment of vulnerable adults including financial exploitation.
|
|
Illinois
|
H 1268
|
Probate Act
|
Enacted
|
Amends the Probate Act; provides that, in addition to the requirements needed to qualify to act as an executor, the person is required to not be currently incarcerated in state or federal prison; provides that a person who has been convicted of a felony is qualified to act as an executor under specified conditions, including but not limited to if the testator names that person as an executor and expressly acknowledges in the will that the testator is aware that the person has been convicted of a felony.
|
|
Illinois
|
H 2100
|
Abuse or Criminal Neglect of a Long-Term Care Facility
|
Enacted
|
Amends the Criminal Code of 2012; concerns abuse or criminal neglect of a long term care facility resident, changes references to an elderly person's or person with a disability's life to references to a resident's life; concerns financial exploitation of an elderly person or a person with a disability, provides that a person who violates the provisions is guilty of a Class 1 felony if the elderly person is of certain age or older and the value of the property is specified amount.
|
|
Illinois
|
H 3583
|
Health Care Worker Background Check Act
|
Pending
|
Amends the Health Care Worker Background Check Act; provides that the act applies to persons licensed, certified, or registered by the Department of Financial and Professional Regulation under specified acts; provides that a felony conviction of specified offenses is a disqualifying offense and requires immediate review of the license, registration, or certification under those specified licensing acts; sets forth provisions concerning applicability of the changes made by the Amendatory Act.
|
|
Illinois
|
S 1417
|
Criminal Code of 2012
|
Pending
|
Amends the Criminal Code of 2012; provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any county in which any part of the assets that the person obtained control over are held; provides that a defense to aggravated battery of a person 60 years of age or older does not exist merely because the accused reasonably believed the victim to be less than 60 years of age.
|
|
Iowa
|
H 650
|
Adult and Minor Guardianships and Conservatorships
|
Pending - Carryover
|
Relates to the creation, administration, and termination of adult and minor guardianships and conservatorships.
|
|
Iowa
|
S 107
|
Elder Abuse
|
Pending - Carryover
|
Relates to elder abuse, including financial exploitation.
|
|
Iowa
|
S 140
|
Rental Agreements and Early Termination Rights
|
Pending - Carryover
|
Relates to rental agreements and early termination rights of tenants who are victims of certain crimes including financial exploitation.
|
|
Kansas
|
H 2243
|
Protect Vulnerable Adults from Financial Exploitation
|
Pending - Carryover
|
Relates to enacting the Protect Vulnerable Adults from Financial Exploitation Act.
|
|
Kansas
|
H 2250
|
Decision Making Agreements Act for Adults
|
Pending - Carryover
|
Relates to enacting the supported decision making agreements act to provide a statutory framework for adults who want decision-making assistance.
|
|
Kansas
|
H 2345
|
Supported Decision-Making Agreements Act
|
Pending - Carryover
|
Relates to enacting the Supported Decision Making Agreements Act to provide a statutory framework for adults who want decision-making assistance.
|
|
Kansas
|
S 62
|
Protect Vulnerable Adults from Financial Exploitation
|
Pending - Carryover
|
Relates to securities; relates to financial exploitation and the protection of vulnerable adults therefrom; enacts the Protect Vulnerable Adults from Financial Exploitation Act; requires reporting of instances of suspected financial exploitation under certain circumstances; provides civil and administrative immunity to individuals who report such instances.
|
|
Massachusetts
|
H 203
|
Financial Exploitation
|
Pending
|
Relates to financial exploitation of certain adults with disabilities.
|
|
Massachusetts
|
H 632
|
Financial Abuse of Elders
|
Pending
|
Relates to the financial abuse of elders.
|
|
Massachusetts
|
H 644
|
Protecting Vulnerable Elders From Abuse
|
Pending
|
Relates to protecting vulnerable elders from abuse.
|
|
Massachusetts
|
S 366
|
Vulnerable Elders from Abuse
|
Pending
|
Protects vulnerable elders from abuse.
|
|
Michigan
|
H 4197
|
Securities on Account Disbursements
|
Pending
|
Allows notification and temporary hold on certain account disbursements for the protection of certain adults by broker-dealers and investment advisors.
|
|
Minnesota
|
S 2934
|
Human Services
|
Enacted
|
Relates to human services; modifies provisions governing disability services, aging services, health care, behavioral health, substance use disorder, the Opioid Prescribing Improvement Program, human services licensing, and direct care and treatment; includes financial exploitation language in programs.
|
|
Mississippi
|
H 1201
|
Secretary of State
|
Failed
|
Relates to Secretary of State; authorizes receipt of reports of financial abuse of vulnerable persons.
|
|
Mississippi
|
H 1392
|
Vulnerable Persons Abuse Registry
|
Failed
|
Requires the Department of Human services to establish and maintain the State Vulnerable Persons Abuse Registry; conforms to the preceding section.
|
|
Montana
|
H 421
|
Financial Abuse of Elderly and Disabled Persons
|
Failed
|
Revises laws related to reporting financial abuse of elderly and disabled persons; relates to persons with developmental disabilities; relates to financial institutions; relates to senior citizens.
|
|
Montana
|
S 34
|
Adult Protective Services
|
Enacted
|
Provides for an additional penalty for unfair or deceptive act committed against a vulnerable adult; provides that a person is guilty of an offense if the person purposely or knowingly takes specified actions, including but not limited to failing to make a report, failing to disclose the contents of a case record or report, and giving false information to any adult protective services representative, county attorney, or law enforcement officer with the purpose to implicate another person.
|
|
Nevada
|
A 254
|
Protection of a Vulnerable Adult
|
Failed
|
Relates to public safety; authorizes the issuance of an order for protection of a vulnerable adult; provides for the enforcement of such an order; provides penalties for the violation of such an order; provides an additional penalty for committing a felony in violation of such an order; authorizes the issuance of certain warrants and orders in connection with the investigation of a report of abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person.
|
|
Nevada
|
S 61
|
Crimes Involving the Proceeds of a Joint Account
|
Enacted
|
Provides that the mere fact that an account of an older person or a vulnerable person is held in joint tenancy does not, in and of itself, convey to all persons named on the account legal ownership of the account and the deposits and proceeds of the account in a manner that would preclude such a person from committing or being prosecuted for exploitation involving the control or conversion of any deposits or proceeds of the account if the facts and circumstances demonstrate that exploitation has occurred.
|
|
Nevada
|
S 355
|
Commissioner of Financial Institutions
|
Enacted
|
Relates to financial services; prohibits the Commissioner of Financial Institutions from requiring an applicant for a license to establish a new depository institution to identify the physical address of the proposed depository institution in the application for the license; authorizes certain persons employed by financial institutions to temporarily delay certain financial transactions involving the suspected exploitation of an older person or vulnerable person.
|
|
New Jersey
|
A 748
S 165
|
Identity Theft Penalties
|
Pending
|
Increases penalties for identity theft when victim is a senior citizen or veteran.
|
|
New Jersey
|
A 750
S 1207
|
Financial Exploitation
|
Pending
|
Creates new offense of theft by financial exploitation of a vulnerable person.
|
|
New Jersey
|
A 2018
S 391
|
Adult Protective Services Financial Institutions
|
Pending
|
Requires financial institutions to release records to adult protective services when suspecting fraud of vulnerable adult or senior customer; allows adult protective service to release same records to law enforcement agency if necessary.
|
|
New Jersey
|
A 2239
S 1329
|
Vulnerable Adult Reported Cases of Abuse
|
Pending
|
Revises certain requirements concerning reported cases of abuse, neglect, or exploitation of a vulnerable adult.
|
|
New Jersey
|
A 2280
|
Elder Abuse in Domestic Settings
|
Pending
|
Clarifies that Prevention of Domestic Violence Act covers elder abuse in domestic settings.
|
|
New Jersey
|
A 2524
S 626
|
Fiscal Victimization Crime
|
Pending
|
Creates crime of fiscal victimization against senior citizens or disabled persons; provides that a person is guilty of the crime of fiscal victimization against a senior citizen or a person with a disability if he the person commits, attempts to commit, conspires with another to commit or threatens the immediate commission of a theft offense against an individual that the person knows or reasonably should know is a senior citizen or a person with a disability.
|
|
New Jersey
|
A 2645
|
Elder Abuse in Domestic Settings
|
Failed
|
Addresses elder abuse in domestic settings under Prevention of Domestic Violence Act of 1991.
|
|
New Jersey
|
A 3045
|
Court Appointed Guardian Registry and Auditing System
|
Failed
|
Establishes centralized, statewide registry and auditing system for court appointed guardians.
|
|
New Jersey
|
AJR 183
|
Elder Abuse Awareness Day
|
Pending
|
Designates June 15 of each year as Elder Abuse Awareness Day.
|
|
New Jersey
|
S 164
|
Elderly Financial Exploitation Offense
|
Pending
|
Creates offense of financial exploitation of the elderly.
|
|
New Jersey
|
S 1123
|
Money Transmitter Elder Financial Abuse Training
|
Pending
|
Requires money transmitters to provide training materials to delegates concerning financial abuse and exploitation of elder adults.
|
|
New Jersey
|
A 3285
S 2308
|
Senior Citizens Fraud and Theft
|
Pending
|
Provides for preparation and distribution of written notice to senior citizens concerning risks and prevention of fraud and identity theft.
|
|
New Jersey
|
SJR 91
|
Calendar Resolution
|
Pending
|
Designates a specified date of each year as Elder Abuse Awareness Day.
|
|
New Mexico
|
S 118
|
Financial Crimes Against Vulnerable Adults
|
Failed - Adjourned
|
Relates to financial crimes against vulnerable adults.
|
|
New York
|
A 369
|
Individual Convicted of a Crime Involving Elder Abuse
|
Pending
|
Prohibits an individual convicted of a crime involving elder abuse from inheriting from the elder's estate.
|
|
New York
|
A 796
S 708
|
Elderly Abuse Protective Act
|
Pending
|
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.
|
|
New York
|
A 5877
|
Reverse Mortgage Loans
|
Pending
|
Relates to reverse mortgage loans for persons 62 years of age and older. Includes counseling about fraud.
|
|
New York
|
S 1071
|
Investment Advisers and Firms
|
Pending
|
Allows for investment advisers and firms to disclose potential financial exploitation of elderly and vulnerable adults to the commissioner of the Department of Financial Services and to halt disbursements from an account if an adviser or firm believes that financial exploitation is occurring.
|
|
New York
|
S 4517
|
Elder Abuse Shelter Aftercare Demonstration Program
|
Pending
|
Establishes the elder abuse shelter aftercare demonstration program to provide management services, financial counseling, and mental health services at the conclusion of the discharge process.
|
|
New York
|
S 4839
|
Statewide Central Register of Elder Abuse
|
Pending
|
Creates a statewide central register of elder abuse and maltreatment reports and the elder justice coordinating council; mandates reporting by certain persons; facilitates interagency planning and reviews specific agency initiatives for their impact on the reporting and investigation of elder abuse and maltreatment in the state.
|
|
New York
|
S 5515
|
Individual Convicted of a Crime Involving Elder Abuse
|
Pending
|
Prohibits an individual convicted of a crime involving elder abuse from inheriting from the elder's estate as a distributee.
|
|
New York
|
S 5708
|
Financial Exploitation of the Elderly or Disabled
|
Pending
|
Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.
|
|
New York
|
S 7318
|
Hotline for the Reporting of Various Forms of Abuse
|
Pending
|
Relates to creating a hotline for the reporting of various forms of abuse which may jeopardize the health or welfare of any person.
|
|
New York
|
S 7339
|
Reporting of Suspected Financial Exploitation
|
Pending
|
Relates to the reporting 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.
|
|
North Dakota
|
S 2345
|
Task Force on Guardianship Monitoring Appropriation
|
Enacted
|
Relates to the Task Force on Guardianship Monitoring to promote the accountability of all guardians; relates to the licensure of social workers; provides an appropriation.
|
|
Oklahoma
|
H 2741
|
State Elder Exploitation and Abuse Act
|
Pending - Carryover
|
Relates to mental health; enacts the State Elder Exploitation and Abuse Act; declares purpose and intent; defines terms; provides that civil actions may be filed in certain situations; provides venue provisions; provides relief that may be granted; provides who may bring a claim; authorizes the court to grant access to certain records; provides that claim survives death of vulnerable adult; provides that certain privileged relationships are not grounds for excluding evidence.
|
|
Oklahoma
|
S 294
|
Criminal Procedure and Statute Of Limitations
|
Pending - Carryover
|
Relates to criminal procedure; relates to statute of limitations; increases time for which certain prosecutions may be commenced; provides an effective date. Includes financial exploitation of the elderly.
|
|
Oklahoma
|
S 716
|
Statute of Limitations
|
Pending - Carryover
|
Relates to criminal procedure; relates to statute of limitations; increases time for which certain prosecutions may be commenced; provides an effective date. Includes financial exploitation of the elderly.
|
|
Oklahoma
|
S 1093
|
Criminal Procedure
|
Pending - Carryover
|
Relates to criminal procedure; relates to statute of limitations; increases time for which certain prosecutions may be commenced; provides an effective date. Includes financial exploitation of the elderly.
|
|
Oregon
|
H 3578
|
Elder Abuse Thru Financial Exploitation
|
Pending
|
Directs Department of Human Services to adopt by rule required procedures for investigations of reports of elder abuse involving allegations of financial exploitation.
|
|
Pennsylvania
|
H 838
|
Financial Exploitation of an Older Adult
|
Pending
|
Amends specified title relating to theft and related offenses; provides for the offense of financial exploitation of an older adult or care-dependent person; provides for the offense of financial exploitation of a family or household member and for civil causes of action in cases of financial exploitation; imposes penalties.
|
|
Puerto Rico
|
H 906
|
Crime of Financial Exploitation of the Elderly
|
Pending
|
Amends Law 146 of 2012, the Penal Code of Puerto Rico, in order to add as an aggravating factor the financial exploitation of an elderly person in declared times of emergency as such by the State.
|
|
Puerto Rico
|
H 932
|
Less Serious Crime Configuration
|
Pending
|
Amends Law 146 of 2012, the Puerto Rico Penal Code, in order to reduce the amount of funds, assets or personal or real property required for the configuration of less serious and serious crime in cases of exploitation financial of the elderly.
|
|
South Dakota
|
S 208
|
Financial Institutions Report Elder Exploitation
|
Failed - Adjourned
|
Requires financial institutions to report exploitation of an elder or an adult with a disability.
|
|
Tennessee
|
H 941
S 1317
|
Criminal Procedure
|
Pending - Carryover
|
Includes as an eligible petitioner for purposes of judicial diversion of criminal offenses, a person seeking deferral of proceedings for aggravated neglect of an elderly or vulnerable adult or aggravated abuse of an elderly or vulnerable adult, if the person is a healthcare provider who committed such an offense in the course of the provider's official duties.
|
|
Texas
|
H 3574
S 1644
|
Regulation of State Banks
|
Enacted
|
Relates to the regulation of state banks. Includes provision of record for suspected financial exploitation.
|
|
Texas
|
H 4655
|
Vulnerable Adult Protection Task Force
|
Failed - Adjourned
|
Relates to the establishment of the vulnerable adult protection task force.
|
|
Texas
|
S 576
|
Definition of Exploitation
|
Enacted
|
Relates to the reporting, investigation, and prosecution of the criminal offense of financial abuse of an elderly individual.
|
|
Vermont
|
H 171
|
Adult Protective Services
|
Enacted
|
Relates to adult protective services. Includes financial exploitation.
|
|
Vermont
|
S 51
|
Adult Protective Services
|
Pending - Carryover
|
Relates to adult protective services. Includes financial exploitation.
|
|
Virginia
|
H 95
|
Adult Protective Services Investigations
|
Enacted
|
Relates to adult protective services investigations; relates to financial institutions; relates to furnishing of records and information.
|
|
Virginia
|
H 496
S 687
|
Abuse and Neglect
|
Enacted
|
Relates to abuse and neglect; relates to financial exploitation; relates to incapacitated adults; relates to penalties; changes the term incapacitated adult to vulnerable adult for the purposes of the crime of abuse and neglect of such adults and defines vulnerable adult as any person with a specified years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, advanced age, or other causes.
|
|
Virginia
|
S 126
|
Abuse and Neglect
|
Failed
|
Relates to abuse and neglect; relates to financial exploitation; relates to incapacitated adults; relates to penalties; changes the term incapacitated adult to vulnerable adult for the purposes of the crime of abuse and neglect of such adults and defines vulnerable adult as any person at a specified years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, advanced age, or other causes.
|
|
Virginia
|
S 1223
|
Financial Exploitation of Vulnerable Adults
|
Enacted
|
Relates to the crime of financial exploitation of vulnerable adults; provides that venue for the trial of an accused charged with a violation shall be in any county or city in which any act was performed in furtherance of the offense, the accused resided at the time of the offense, the vulnerable adult resides or resided at the time of the offense, or the vulnerable adult sustained a financial loss as a result of the offense.
|
|
Washington
|
H 1127
|
Adult Protective Services
|
Pending - Carryover
|
Concerns adult protective services.
|
|
Washington
|
H 1528
S 5370
|
Adult Protective Services
|
Enacted
|
Concerns adult protective services.
|
|
West Virginia
|
H 3456
|
Inheritance if Found to Have Engaged
|
Failed - Adjourned
|
Prohibits an inheritance if found to have engaged in elder abuse against decedent.
|
|
Wisconsin
|
A 78
S 72
|
Increased Penalties for Crimes Against Adults at Risk
|
Pending
|
Concerns increased penalties for crimes against adults at risk; restrains orders for adults at risk; freezes assets of a defendant charged with financial exploitation of an adult at risk; concerns sexual assault of an adult at risk provides a penalty.
|
|
Wisconsin
|
A 116
S 116
|
Civil Cause of Action for Financial Exploitation
|
Pending
|
Creates a civil cause of action for financial exploitation.
|
|
Wyoming
|
S 24
|
Financial Exploitation of Vulnerable Adults
|
Enacted
|
Requires financial institutions to report financial exploitation of vulnerable adults; authorizes discretionary reporting of suspected financial exploitation of vulnerable adults to third parties; allows temporary holds on transactions; provides immunity; requires disclosure of financial records.
|