HB667 | CREATES THE CRIME OF FINANCIAL EXPLOITATION OF THE ELDERLY. |
Sponsor: | Scheve, May (98) | Effective Date:00/00/0000 | |||
CoSponsor: | LR Number:1825-03 | ||||
Last Action: | This Bill is a Substitute - Check Primary Bill HB837 | ||||
HCS HB 837 & 667 | |||||
Next Hearing: | Hearing not scheduled | ||||
Calendar: | Bill currently not on calendar | ||||
ACTIONS | HEARINGS | CALENDAR |
BILL SUMMARIES | BILL TEXT | FISCAL NOTES |
HOUSE HOME PAGE | BILL SEARCH | |
HCS HB 837 & 667 -- FINANCIAL EXPLOITATION OF THE ELDERLY OR DISABLED SPONSOR: Harlan (Farnen) COMMITTEE ACTION: Voted "do pass" by the Committee on Critical Issues by a vote of 12 to 6. This substitute creates the offense of financial exploitation of an elderly or disabled person. The offense is committed when a person: (1) stands in a position of trust and confidence with an elderly or disabled person; (2) knowingly obtains control over the elderly or disabled person's property by deception or intimidation; and (3) intends to permanently deprive the elderly or disabled person of the use of the property. The offense is a class A misdemeanor if the value of the property is less than $250 and a class D felony if the value is $250 or more. A reasonable belief that the victim is not elderly or disabled is not a defense to the crime. FISCAL NOTE: No impact on state funds. PROPONENTS: Supporters say that financial exploitation of the elderly is a pervasive problem. Establishing this crime will deter those who deceive the elderly and disabled persons and deprive them of their property. Testifying for the bill were Representatives Farnen and Britt; AARP; Silver Haired Legislature; Martha Hicks; Dick Becker; and Charles Newman. OPPONENTS: There was no opposition voiced to the committee. Katharine Hickel Barondeau, Legislative Analyst
HB 837 -- Protective Services for the Elderly Co-Sponsors: Farnen, Britt, Gaw, Hampton, Boykins, Berkowitz, Parker, Ransdall This bill creates the crime of financial exploitation of the elderly and defines "elderly fiduciary." Financial exploitation of the elderly is a class A misdemeanor if the value of the money or property improperly converted has an aggregate value of $150 or less, and is a class D felony if the aggregate value is over $150. The bill provides for the reporting of financial exploitation of the elderly to the Department of Social Services, and outlines the information to be contained in the report. Persons who make such a report, or who cooperate, testify, or provide information to the department regarding a report are immune from any civil or criminal liability. Liability immunity does not apply in cases of perjury to persons guilty of financial exploitation or to persons who have acted negligently, recklessly, in bad faith, or with malicious purpose.
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Last Updated September 30, 1999 at 1:26 pm