HCS HB 1386 & 1086 -- FINANCIAL EXPLOITATION OF THE ELDERLY OR
DISABLED

This bill creates the crime of financial exploitation of the
elderly or disabled.  The crime is committed when a person who
stands in a position of trust and confidence with an elderly or
disabled person knowingly uses deception or deceit to take
control over that person's property with the intent to
permanently deprive him or her of it.  Financial exploitation of
an elderly or disabled person is a class A misdemeanor for
property worth less than $250 and a class C felony for property
worth $250 or more.

The bill creates an exception for those who make a good faith
effort to assist elderly and disabled persons in the management
of their property, but are unable to do so.  The bill also
states that the reasonable belief that the person was neither
elderly nor disabled is not a defense.

HCS HB 1386 & 1086 -- FINANCIAL EXPLOITATION OF THE ELDERLY OR
DISABLED (Britt)

This substitute creates the crime of financial exploitation of
the elderly or disabled.  The crime is committed when a person
who stands in a position of trust and confidence with an elderly
or disabled person knowingly uses deception or deceit to take
control over that person's property with the intent to
permanently deprive him or her of it.  Financial exploitation of
an elderly or disabled person is a class A misdemeanor for
property worth less than $250 and a class C felony for property
worth more than $250.

The substitute creates an exception for those who make a good
faith effort to assist elderly and disabled persons in the
management of their property, but are unable to do so.  The
substitute also states that the reasonable belief that the
person was neither elderly nor disabled is not a defense.

FISCAL NOTE:  No impact on state funds.

HCS HB 1386 & 1086 -- FINANCIAL EXPLOITATION OF THE ELDERLY OR
DISABLED

SPONSOR:  Harlan (Britt)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Critical
Issues by a vote of 20 to 0.

This substitute creates the crime of financial exploitation of
the elderly or disabled.  The crime is committed when a person
who stands in a position of trust and confidence with an elderly
or disabled person knowingly uses deception or deceit to take
control over that person's property with the intent to
permanently deprive him or her of it.  Financial exploitation of
an elderly or disabled person is a class A misdemeanor for
property worth less than $250 and a class C felony for property
worth more than $250.

The substitute creates an exception for those who make a good
faith effort to assist elderly and disabled persons in the
management of their property, but are unable to do so.  The
substitute also states that the reasonable belief that the
person was neither elderly nor disabled is not a defense.

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 and deprive
them of their property.

Testifying for the bill were Representatives Scheve and Britt;
AARP; Silver Haired Legislature; and Missouri Bankers
Association.

OPPONENTS:  There was no opposition voiced to the committee.

Katharine Barondeau, Legislative Analyst

HB 1386 -- Financial Exploitation of the Elderly or Disabled

Co-Sponsors:  Britt, Farnen, Gaw, Kreider, Crump, Days, Murray,
Hosmer, Williams (159), Bray, Backer, Hoppe

This bill creates the crime of financial exploitation of the
elderly or disabled.  The crime is committed when a person who
stands in a position of trust and confidence with an elderly or
disabled person knowingly uses deception or deceit to take
control over that person's property with the intent to
permanently deprive them of it.  Financial exploitation of an
elderly or disabled person is a class A misdemeanor for property
worth less than $250 and a class D felony for property worth
more than $250.

The bill creates an exception for those who make a good faith
effort to assist elderly and disabled persons in the management
of their property, but are unable to do so.  The bill also
states that the reasonable belief that the person was neither
elderly nor disabled is not a defense.