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.